April 19, 2024

Europe Warns Google It Could Face Further Concessions

Without those additional concessions, Joaquín Almunia, the European Union competition commissioner, told a committee meeting at the European Parliament that Google could face formal charges for violating European competition law.

Mr. Almunia’s comments, in response to a question during scheduled testimony at Parliament, highlight the pressure from rivals like Microsoft to devise a tougher set of remedies than those worked out with Google. Those proposed solutions were made public last month by the European Commission.

If critics of Google in Europe remain dissatisfied with the settlement, they could go to court. They could sue the European Commission, accusing it of failing to push hard enough for an effective solution. Final judgments in such cases can take years.

On Tuesday, Mr. Almunia told Parliament that he was still reviewing feedback from companies and organizations involved in the case. Market testing was undertaken to see if, among other issues, the proposed remedies addressed complaints that Google favored its own products in search results.

But Mr. Almunia signaled his intention to make firmer demands in some areas of the proposed settlement.

“After we have analyzed the responses we have received,” Mr. Almunia said, “we will ask Google, probably, I cannot anticipate this formally, but almost 100 percent, we will ask Google: you should improve your proposals.”

Mr. Almunia said that the period of market testing, which was to have ended on Monday, had been extended by one month at the request of some of the participants in the case.

A major element of the settlement involves Google’s showing links to the Web sites of competitors who offer specialized search services. In cases where Google sells advertising adjacent to search results for specific industries like restaurants and hotels, Google would provide a menu of at least three options for non-Google search services.

In addition, Google would label results that pointed to its own services — like Google Maps, if they displayed local businesses — as Google properties and separate them from general search results with a box, though they would still appear in the normal list of results.

Google’s agreement would be legally binding for five years, and a third party, approved by the commission, would be put in place to monitor compliance.

Al Verney, a spokesman for Google, said Tuesday that the company’s proposal already “clearly addresses the four areas of concern that were raised” by Mr. Almunia. Google was continuing to “work with the commission to settle this case,” Mr. Verney said.

Mr. Almunia also said that he expected to hold a series of “exchanges” with the search giant. Google would then need to “send us the proposals that we consider can solve the concerns,” he added. Those proposals could lead to a legally binding settlement by the end of the year. Previously, European Union officials said that a binding settlement could be reached by the summer.

Even if Google reached a binding settlement with Mr. Almunia, Google could still face a fine of as much as 10 percent of its global annual sales, which were nearly $50 billion last year, if it broke its promises. But a deal would allow Google to escape the long, expensive antitrust battles that Microsoft fought in Europe over its media player and server software during the last decade.

Article source: http://www.nytimes.com/2013/05/29/business/global/european-union-to-press-google-for-new-concessions.html?partner=rss&emc=rss

DealBook: With Set-Aside, Deutsche Bank Cuts 2012 Profit

The headquarters of Deutsche Bank in Frankfurt, Germany.Michael Probst/Associated PressThe headquarters of Deutsche Bank in Frankfurt.

8:34 p.m. | Updated

FRANKFURT — Deutsche Bank on Wednesday revised its 2012 profit sharply downward as it set aside more money to cover the potential cost of legal proceedings.

Deutsche Bank, Germany’s largest lender, allocated an additional 600 million euros ($775 million) to cover its legal costs, a move that reduced its pretax profit for 2012 by the same amount. As a result, net profit for the year was 291 million euros ($376 million), about 400 million euros ($517 million) less than the bank reported on Jan. 31.

Like many big European institutions, Deutsche Bank faces a long list of legal woes.

It is dealing with numerous lawsuits related to its sales of mortgages and mortgage-related derivatives in the United States before the financial crisis. Ronald Weichert, a Deutsche Bank spokesman, cited those suits as the main reason for setting aside more money for legal expenses.

The bank, based in Frankfurt, has also been ensnared by the global investigation into rate manipulation. In November, Deutsche Bank said it had set aside money for potential penalties related to rate rigging. Now, it appears the bank is increasing the buffer, partially in response to a string of recent settlements involving other banks.

In February, Royal Bank of Scotland agreed to pay American and British regulators $612 million to settle claims that it manipulated the London interbank offered rate, or Libor. Last year, the Swiss bank UBS agreed to a $1.5 billion settlement and Barclays agreed to pay $450 million in that case. The banks are also expected to face civil suits from people who paid more interest than they should have because of Libor manipulation.

In total, Deutsche Bank has set aside 2.4 billion euros ($3.1 billion) to cover possible judgments and other litigation costs. The legal expenses, the bank said, would not affect the dividend of 75 euro cents (97 cents) a share, which was announced in January.

Deutsche Bank was one of the few large German banks to avoid taking a direct government bailout during the financial crisis and it is the only German bank able to compete with large American and British investment banks.

The bank’s co-chief executives, Anshu Jain and Jürgen Fitschen, have cut back on bonuses and taken other steps they say will discourage excessive risk-taking and unethical or illegal behavior in the future.

Article source: http://dealbook.nytimes.com/2013/03/20/deutsche-bank-cuts-2012-profit-and-sets-aside-more-cash-for-legal-woes/?partner=rss&emc=rss

Federal Judge in Wisconsin Challenges an S.E.C. Settlement

That represents a significant expansion of the impact of the Citigroup case, in which Judge Jed S. Rakoff of the Federal District Court in New York threw out a proposed settlement between the company and the S.E.C.

Judge Rakoff said he had rejected the Citigroup settlement because there were no established facts on which to base a decision whether the settlement was “fair, reasonable, adequate and in the public interest.”

At the time of the November decision, lawyers who were watching the case noted that the ruling did not constitute a precedent that would bind other judges in New York or elsewhere.

But the fact that a federal judge halfway across the country cited the case less than a month later means that other judges have noticed the ruling — which is significant because most S.E.C. enforcement cases rely on similar, negotiated settlements.

In a Dec. 20 letter to the S.E.C., Judge Rudolph T. Randa of the Federal District Court for the Eastern District of Wisconsin questioned the commission about its proposed settlement of fraud charges against the Koss Corporation, a Milwaukee-based maker and seller of stereo headphones.

Judge Randa asked the S.E.C. for “a written factual predicate for why it believes the court should find that the proposed final judgments are fair, reasonable, adequate and in the public interest.” In doing so, the judge cited Judge Rakoff’s opinion and language in S.E.C. v. Citigroup Global Markets.

John Nester, an S.E.C. spokesman, said, “We will provide the court with the information as requested.” The S.E.C. has until Jan. 24 to file a response.

Koss and its chief executive, Michael J. Koss, were accused of maintaining materially inaccurate financial statements, books and records from 2005 through 2009, a period when the company’s principal accounting officer embezzled more than $30 million from the company. The company and Mr. Koss were also charged with failing to maintain adequate financial controls. They agreed to settle the case without admitting or denying the charges.

Such language is standard in S.E.C. settlements, but Judge Randa raised concerns about the vagueness of a proposed injunction that would restrain Koss from violating the same securities laws. The settlement would require the company to maintain adequate records and a system of internal accounting controls.

“If enforcement becomes necessary,” he wrote, “the terms of such a vague injunction would make it difficult for the court.”

C. Evan Stewart, a partner at the New York law firm Zuckerman Spaeder, said that the judge in Wisconsin appeared to pick up on one of Judge’s Rakoff’s most prominent points — that while the S.E.C. was not required to get a court injunction to settle fraud cases, if it did so the court should not rubber-stamp an agreement.

Judge Randa also cited an earlier Rakoff opinion, in a 2009 S.E.C. case against Bank of America, in which the judge declined to accept a proposed settlement and made the parties draw up another agreement, which called for a bigger fine against the bank.

In 2010, two federal judges in the District of Columbia questioned the adequacy of proposed S.E.C. settlements, one with Barclays and another in an unrelated case involving Citigroup.

The S.E.C. and Citigroup have appealed Judge Rakoff’s most recent decision, and the United States Court of Appeals for the Second Circuit on Tuesday put the case on temporary hold while it decides whether to grant an expedited hearing.

“A lot of judges are going to take a little time to see what the Second Circuit does before falling in line behind Judge Rakoff,” Mr. Stewart said. But, he added, he believed that the most recent citing of Judge Rakoff “undoubtedly will not be the last.”

Article source: http://www.nytimes.com/2011/12/29/business/judge-in-wisconsin-challenges-sec-settlement.html?partner=rss&emc=rss

Economix: How Bernanke Answered Your Questions

Open Market
In the Chicago trading pits during the news conference.Frank Polich/Reuters In the Chicago trading pits during the news conference.

Before Ben S. Bernanke, the Federal Reserve chairman, took questions from the media Wednesday, I took questions from you. I got to ask only one question at the news conference — I asked why the Fed was not doing more to reduce unemployment — but many of your other questions were also answered in some form by Mr. Bernanke.

Here are some of your questions, and the answers that he gave. (A video of the briefing is available on the Fed’s Web site.)

Q. Since both housing and unemployment have not recovered sufficiently, why are you not instantly embarking on QE3? — Michael A. Kamperman, Waco, Tex.

Mr. Bernanke: “Going forward, we’ll have to continue to make judgments about whether additional steps are warranted, but as we do so, we have to keep in mind that we do have a dual mandate, that we do have to worry about both the rate of growth but also the inflation rate…

“The trade-offs are getting — are getting less attractive at this point. Inflation has gotten higher. Inflation expectations are a bit higher. It’s not clear that we can get substantial improvements in payrolls without some additional inflation risk. And in my view, if we’re going to have success in creating a long-run, sustainable recovery with lots of job growth, we’ve got to keep inflation under control. So we’ve got to look at both of those — both parts of the mandate as we — as we choose policy.”

Q. The stated mission of the Fed is to “conduct the nation’s monetary policy by influencing the monetary and credit conditions in the economy in pursuit of maximum employment, stable prices, and moderate long-term interest rates.” Is there a hierarchy in that list? If not, how would the chairman explain the lack of more stimulative activity with such high underemployment in the face of persistent low inflation? — Josh, Boston

Mr. Bernanke: “I think that even purely from an employment perspective, that if inflation were to become unmoored and inflation expectations were to rise significantly, that the cost of that in terms of employment loss in the future, as we had to respond to that, would be quite significant.”

Q. Long rates have risen since the announcement of QE2 and the continuation of the Fed’s zero interest rate policy. The steeper yield curve has seemed to inhibit real economic activity, while stimulating speculative action in stocks and commodities. Have the policy actions of the Fed backfired? — Tom Brakke, Excelsior, Minn.

Mr. Bernanke: “Well, first, I do believe that the second round of securities purchases was effective. We saw that first in the financial markets. The way monetary policy always works is by easing financial conditions. And we saw increases in stock prices. We saw reduced spreads in credit markets. We saw reduced volatility …

“You would expect, based on decades of experience, that easing financial conditions would lead to better economic conditions. And I think the evidence is consistent with that as well…

“Now the conclusion therefore that the second round of securities purchases was ineffective could only be validated if one thought that this step was a panacea, that is was going to solve all the problems and return us to full employment overnight. We were very clear from the beginning that — while we thought this was an important step and that it was at an important time when we were all worried about a double dip and we were worried about deflation, we were very clear that this was not going to be a panacea, that it was only going to turn the economy in the right direction.”

Q. When can we expect to see a rise in interest rates? — SMM, Monterey, Calif.

Mr. Bernanke: “I don’t know exactly how long it will be before a tightening process begins… ‘Extended period’ suggests that there would be a couple of meetings probably before action. But unfortunately the reason we use this vaguer terminology is that we don’t know with certainty how quickly response will be required and, therefore, we will do our best to communicate changes, in our view, as — but that will depend entirely on how the economy evolves.”

Q. Why the Fed has evidently failed in restraining the inflationary trend in the economy? If the Fed has any policy to protect senior citizens on fixed income from continuing rising prices of food, gas, energy and services, etc.? — Daniel Farooq, Streamwood, Ill.

Mr. Bernanke: “There’s not much that the Federal Reserve can do about gas prices per se, at least not without derailing growth entirely, which is certainly not the right way to go. After all, the Fed can’t create more oil. We don’t control the growth rates of emerging market economies. What we can do is basically try to keep higher gas prices from passing into other prices and wages throughout the economy and creating a broader inflation, which would be much more difficult to extinguish.

“Again, our view is that most likely — and of course we don’t know for sure, but we’ll be watching it carefully — our view is that gas prices will not continue to rise at the recent pace, and as they stabilize or even come down, if the situation stabilizes in the Middle East, that that will provide some relief on the inflation front.”

Q. The dollar has been steadily losing its value, vis-a-vis other currencies. In your estimation, is this trend beneficial to the U.S. economy? — AM, New York

Mr. Bernanke: “We do believe that a strong and stable dollar is in the interest of the United States and is in the interest of the global economy. Our view is that the best thing we can do for the dollar is first to keep the purchasing power of the dollar strong by keeping inflation low and by creating a stronger economy through policies which support the recovery, and therefore cause more capital inflows to the United States.”

Q. How could the Federal Reserve be more transparent with their decisions that affect the economy? — Nicolas Tanguay-Leduc, Ottawa

Mr. Bernanke: “Well, the Federal Reserve has been looking for ways to increase its transparency now for many years, and we’ve made a lot of progress. It used to be that the mystique of central banking was all about not letting anybody know what you were doing. As recently as 1994, the Federal Reserve didn’t even tell the public when it changed the target for the federal funds rate.

“Since then, we have taken a number of steps… We now provide quarterly projections, including long-run objectives, as well as near-term outlook. We have substantial means of communicating through speeches, testimony and the like. And so we have become, I think, a very — a very transparent central bank. That being said, we had a subcommittee headed by the vice chair of the board, Janet Yellin, looking for yet additional steps to take to provide additional transparency.”

“We’re not — we’re not done. We’re continuing to look for additional things that we can do to be more transparent and more accountable. But we think this is the right way to go.”

Article source: http://feeds.nytimes.com/click.phdo?i=fa0cde9d3c60660afd12890524b28f0b