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<strong>Enforcing</strong> <strong>Financial</strong> <strong>Reporting</strong><br />

<strong>Standards</strong>: <strong>The</strong> <strong>Case</strong> <strong>of</strong> <strong>White</strong><br />

Pharmaceuticals AG<br />

Henning Zülch, Dominic Detzen<br />

November 2010<br />

A case study conducted by the Chair <strong>of</strong> Accounting and Auditing<br />

at HHL – Leipzig Graduate School <strong>of</strong> Management<br />

supported by “Gesellschaft für kapitalmarktorientierte Rechnungslegung e.V.”<br />

No. 105


<strong>Enforcing</strong> <strong>Financial</strong> <strong>Reporting</strong><br />

<strong>Standards</strong>: <strong>The</strong> <strong>Case</strong> <strong>of</strong> <strong>White</strong><br />

Pharmaceuticals AG<br />

Henning Zülch, Dominic Detzen<br />

ISSN 1864-4562 (Online version)<br />

© HHL – Leipzig Graduate School <strong>of</strong> Management<br />

HHL-Arbeitspapier<br />

HHL Working Paper<br />

No. 105<br />

<strong>The</strong> sole responsibility for the content <strong>of</strong> the HHL Working Paper lies with the author/s. We<br />

encourage the use <strong>of</strong> the material for teaching or research purposes with reference to the source.<br />

<strong>The</strong> reproduction, copying and distribution <strong>of</strong> the paper for non-commercial purposes is permitted<br />

on condition that the source is clearly indicated. Any commercial use <strong>of</strong> the document or parts <strong>of</strong> its<br />

content requires the written consent <strong>of</strong> the author/s.<br />

For further HHL publications see www.hhl.de/publications.<br />

. 105


<strong>Enforcing</strong> <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong>: <strong>The</strong> <strong>Case</strong> <strong>of</strong> <strong>White</strong><br />

Pharmaceuticals AG<br />

Abstract<br />

As a consequence <strong>of</strong> accounting scandals, Germany – like many other countries – set up a<br />

supervisory body to control the compliance <strong>of</strong> capital market oriented companies with<br />

accounting regulations. <strong>The</strong> <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel (FREP) assumed their<br />

duty in July 2005 and has forced a number <strong>of</strong> companies to restate their financial statements.<br />

This case study adapts one <strong>of</strong> the real cases <strong>of</strong> the FREP and invites students to reflect on the<br />

enforcement <strong>of</strong> financial reporting standards: <strong>White</strong> Pharmaceuticals AG enters a strategic<br />

alliance to pr<strong>of</strong>it from the research and development <strong>of</strong> their partner. <strong>The</strong> company charges<br />

all payments that it conducts in the course <strong>of</strong> the alliance to their expense accounts. <strong>The</strong><br />

FREP, however, finds that the final lump-sum payment should have been capitalized by<br />

<strong>White</strong>. <strong>The</strong> case reviews the accounting for research and development expenditure and also<br />

discusses the convergence <strong>of</strong> financial reporting standards in the U.S. and Europe.<br />

Keywords: <strong>Financial</strong> <strong>Reporting</strong> Enforcement, Research and Development, IFRS


Introduction<br />

THE CASE<br />

Peter Schmidt, head <strong>of</strong> the accounting department <strong>of</strong> Germany-based <strong>White</strong><br />

Pharmaceuticals AG 1 , had been waiting for the letter for quite a while now. When it finally<br />

came, his hands started shaking as he read “<strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel” on the<br />

envelope. Opening the letter he recalled the painfully long days in his <strong>of</strong>fice during which he<br />

tried to answer countless questions to the panel’s satisfaction. As he read through the letter,<br />

his face grew paler. This was exactly what he had warned the CFO <strong>of</strong> <strong>White</strong> Pharmaceuticals<br />

AG <strong>of</strong> and exactly what he had described as a worst case scenario. In the letter, dated<br />

November 18 th<br />

2009, the <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel (FREP) requested a<br />

restatement <strong>of</strong> <strong>White</strong>’s financial statements for the year 2006. Income as well as intangible<br />

assets had been understated by 55 million Euros as <strong>White</strong> Pharmaceuticals AG had expensed<br />

a payment made to acquire research results. With the letter in his hand, Peter slowly walked<br />

to the <strong>of</strong>fice <strong>of</strong> Alexander Muller, <strong>White</strong>’s Chief <strong>Financial</strong> Officer, and reflected on the<br />

events that had led to the examination by the FREP.<br />

<strong>White</strong> Pharmaceuticals AG was founded in 1956 by Paul <strong>White</strong> and his brother<br />

Roland. Since its inception, the company had been headquartered in a small town near<br />

Frankfurt, Germany, and had specialized in various fields <strong>of</strong> pharmaceutical research. In<br />

recent years, <strong>White</strong> Pharmaceuticals AG had benefited from major breakthroughs with drugs<br />

for neurological diseases and subsequently experienced a remarkable growth with revenues<br />

that soon exceeded 1 billion Euros. In 2000, the current CEO and son <strong>of</strong> Paul <strong>White</strong>, Richard,<br />

decided to use the momentum to have his company listed on the German stock exchange. <strong>The</strong><br />

initial public <strong>of</strong>fering (IPO) was a huge success for Richard <strong>White</strong> who also took the<br />

opportunity to reward his employees for their contribution to <strong>White</strong>’s recent success. At the<br />

1 All names, dates and locations have been changed, as have the “characters” involved in the case.<br />

1


same time, he made his intention quite clear that he did not want to rest but that he wanted to<br />

challenge the big pharmaceutical companies.<br />

<strong>The</strong> Cooperation Agreement<br />

In a meeting subsequent to the IPO, Mr. <strong>White</strong> asked his managerial staff for options<br />

to grow further and to expand into additional markets. His CFO, Alex Muller, proposed to<br />

sustain the recent growth by entering strategic alliances with other research companies.<br />

Richard <strong>White</strong> agreed with his CFO as he saw a huge potential for his company to both pr<strong>of</strong>it<br />

from joint research results and from entering new markets. His considerations also based on<br />

the fact that, following the IPO, <strong>White</strong> Pharmaceuticals AG had enough money to make<br />

strategic alliances attractive to potential partners. Thus, Mr. <strong>White</strong> encouraged his staff to<br />

follow this idea and find research companies that fit into their portfolio.<br />

Soon, a US-based company called Neurocentral, Inc. was identified and <strong>of</strong>fered a<br />

partnership which the company gratefully accepted as they had been facing serious funding<br />

problems recently. Neurocentral, Inc. was a medium-sized pharmaceutical company that also<br />

specialized in the development <strong>of</strong> neurological drugs. According to the terms <strong>of</strong> the<br />

partnership, <strong>White</strong> Pharmaceuticals AG received access to Neurocentral’s research results by<br />

obtaining the sole rights to sell the jointly developed drugs worldwide. <strong>White</strong> would therefore<br />

be able to expand into additional markets while pr<strong>of</strong>iting from Neurocentral’s good ties to the<br />

U.S. Food and Drug Administration (FDA). For Neurocentral, Inc., on the other hand, the<br />

alliance meant that their funding problems were solved. Simultaneously, they could increase<br />

their competitiveness which had also suffered lately. Both companies were delighted with the<br />

alliance and signed the contract in 2001 feeling like they were getting the most out <strong>of</strong> the<br />

deal.<br />

2


Thus, the companies jointly agreed on the development <strong>of</strong> a transdermal patch that<br />

treats a common form <strong>of</strong> epilepsy. Neurocentral, Inc. had made a lot <strong>of</strong> progress in the<br />

research and expected to start clinical studies in the near future. To fund this R&D project,<br />

<strong>White</strong> Pharmaceuticals AG was to provide its U.S.-counterpart with three forms <strong>of</strong><br />

compensation that corresponded to the typical steps in a drug development process 2<br />

: After<br />

signing the contract, Neurocentral, Inc. was to receive a non-refundable upfront payment <strong>of</strong><br />

five million Euros that was directly linked to the development <strong>of</strong> the transdermal patch.<br />

Using this money, the American company could increase their research efforts and complete<br />

the research and the pre-clinical phase in the year 2001, a little earlier than expected. In<br />

addition, <strong>White</strong> Pharmaceuticals AG would make two milestone payments <strong>of</strong> ten million<br />

Euros each as soon as Neurocentral, Inc. reached pre-defined targets in the development <strong>of</strong><br />

the patch. <strong>The</strong> payments would become due when Neurocentral completed Phase I and II <strong>of</strong><br />

the clinical studies which would be when preliminary testing <strong>of</strong> the new drug provided first<br />

results on central characteristics like dosage range, efficacy and side effects. Provided that no<br />

complications arose, Neurocentral, Inc. estimated to finalize Phase I in 2002 and Phase II in<br />

2004. <strong>The</strong> final component <strong>of</strong> the compensation package would include a lump-sum payment<br />

<strong>of</strong> 55 million Euros that <strong>White</strong> would transfer when Neurocentral, Inc. completed the final<br />

clinical studies (Phase III) successfully. Early estimations by Neurocentral’s researchers<br />

showed that they expected the drug ready for approval in 2006. In exchange for their<br />

payments, <strong>White</strong> Pharmaceuticals AG received worldwide commercialization rights for the<br />

transdermal patch. Consequently, <strong>White</strong> would use their own resources to file for approval <strong>of</strong><br />

the patch with both FDA and European Medicines Agency (EMA). <strong>The</strong> post-approval studies<br />

(Phase IV) would also be undertaken by <strong>White</strong> who would then continue to market the new<br />

drug.<br />

2 See Appendix for a depiction <strong>of</strong> the drug development process and the payment structure.<br />

3


Accounting for the Agreement<br />

Soon after the contract was signed and the corresponding upfront payment was made,<br />

Peter Schmidt was confronted with analyzing the partnership from an accounting perspective.<br />

For him, the key issue concerning the payments was quite clear. <strong>The</strong> subject revolved around<br />

the question whether to recognize an intangible asset or whether to expense the costs as the<br />

payments were made. He knew that IAS 38 sets the rules for the treatment <strong>of</strong> intangible<br />

assets and research and development expenditures. Here, he read that he needed to<br />

distinguish between separately acquired and internally generated intangible assets. <strong>The</strong><br />

former are usually capitalized as the definition and recognition criteria <strong>of</strong> IAS 38 are fulfilled.<br />

Concerning internally generated intangibles, however, IAS 38 differentiates between a<br />

research and a development phase. While costs for research are to be expensed, costs that are<br />

incurred in the development phase are recognized as intangible assets if an additional set <strong>of</strong><br />

criteria is fulfilled.<br />

With these abstract explanations in mind, Peter sought to assess the upfront payment<br />

concerning a possible capitalization. He remembered that when he first started his job, Alex<br />

Muller told him that “we expense almost all <strong>of</strong> our R&D costs. That’s what everyone does in<br />

the pharmaceutical industry. Besides, we never know if we will receive approval by EMA or<br />

FDA. Only if we have the authorization do we recognize the costs for the development <strong>of</strong> the<br />

approved drug. And we only capitalize those costs that we incur after the approval.” Still<br />

unsure about what to do Peter called his colleague at Neurocentral, Inc. and asked him to<br />

assess the situation. Jeff Hudson, head <strong>of</strong> accounting at Neurocentral, Inc., was about to go to<br />

a meeting when his phone rang. Jeff was surprised by the question but did not have too much<br />

time to get involved with the issue. Thus, he simply said: “Look, Peter, I am kind <strong>of</strong> busy at<br />

the moment. But I can tell you that, here, in the U.S., we don’t recognize costs that we incur<br />

when doing research for new drugs. SFAS No. 2 doesn’t allow a capitalization. However, if<br />

4


we acquire R&D, that’s a different story. In that case, we follow SFAS No. 141 and SFAS<br />

No. 142 and capitalize the acquired in-process R&D. But I’m not really sure what I would do<br />

in your situation. Besides, you’re an IFRS guy and, as far as I know, R&D accounting still<br />

differs on our continents.” Peter didn’t feel like his American counterpart had fully<br />

understood his problem but was still thankful for Jeff’s quick assessment <strong>of</strong> the situation.<br />

Feeling that he had to solve the issue himself, Peter considered the nature <strong>of</strong> the<br />

upfront compensation. <strong>White</strong> Pharmaceuticals AG conducted the payment to pr<strong>of</strong>it from the<br />

research carried out by Neurocentral, Inc. While <strong>White</strong> Pharmaceuticals AG received all<br />

rights to the research performed, Peter did not perceive the five million Euros as an<br />

acquisition <strong>of</strong> an intangible asset. Instead, he felt that <strong>White</strong> only provided Neurocentral with<br />

the funding for research activities that the company performed. Following this reasoning, the<br />

payment had to be regarded as if <strong>White</strong>’s researchers were conducting the research. And,<br />

considering the status the research was in at that time, no one could tell if the project would<br />

eventually yield a product that <strong>White</strong> would be able to sell. <strong>The</strong>refore, the up-front payment<br />

would fall under the definition <strong>of</strong> research expenditure which IAS 38 prohibits from<br />

capitalizing. Although being skeptical <strong>of</strong> his argumentation, he charged the five million Euros<br />

to <strong>White</strong>’s R&D expenses.<br />

<strong>The</strong>reafter, the project proceeded as expected and Neurocentral, Inc. started the<br />

clinical studies in 2002. In the same year, they were able to complete the first phase <strong>of</strong> the<br />

studies which provided them with a safety pr<strong>of</strong>ile <strong>of</strong> the transdermal patch. Acting upon their<br />

role in the collaboration agreement, <strong>White</strong> transferred the first milestone payment <strong>of</strong> ten<br />

million Euros as soon as they received the latest research report from their partner. As a<br />

consequence <strong>of</strong> the payment, Peter was again confronted with the accounting for the alliance.<br />

Considering that the project had progressed to the development phase which, according to<br />

IAS 38, meant that incurred costs should be recognized, he wanted to discuss a possible<br />

5


capitalization <strong>of</strong> the payment with his CFO. In their meeting, Peter outlined his train <strong>of</strong><br />

thought and explained that a capitalization may be necessary. He argued that <strong>White</strong> received<br />

all rights to the research performed and to the development carried out thus far. <strong>The</strong>refore,<br />

the ten million Euros could be considered part <strong>of</strong> the intangible asset that <strong>White</strong> acquired in<br />

the course <strong>of</strong> the collaboration. Besides, Peter told Mr. Muller that IAS 38 required<br />

enterprises to recognize expenses that they incur in the development phase. Alex Muller<br />

listened carefully to what Peter Schmidt told him. However, he made clear that he assessed<br />

the payment differently: “I understand your reasoning, Peter, but I don’t share your opinion. I<br />

believe that assessing the agreement is a two-step-process. First, we have to judge whether or<br />

not the transaction is an acquisition <strong>of</strong> R&D. I don’t consider the agreement as an acquisition,<br />

but as an outsourcing <strong>of</strong> our R&D because we just fund the research and development<br />

conducted by Neurocentral. Thus, the second and central question that we have to ask is:<br />

Would we capitalize our expenses if we conducted the R&D in-house? And the answer is:<br />

No, we would not. At this point in the development process, we do not know if we will ever<br />

get a marketable product. And, if you read IAS 38, the standard tells you that an enterprise<br />

should only capitalize R&D if it can demonstrate that the intangible asset will yield future<br />

economic benefits. But as we don’t have approval by either FDA or EMA yet, we cannot<br />

reasonably expect future economic benefits from the product. All this leads me to the<br />

conclusion that we don’t have to capitalize the milestone payment.” Although Peter felt that<br />

he had made a valid point, Alex Muller’s argumentation also sounded convincing. In the end,<br />

he decided to follow his CFO’s reasoning as Mr. Muller had been in the business longer than<br />

Peter and could therefore reasonably be expected to know the relevant accounting practices in<br />

the industry. Thus, he recorded the milestone payment as part <strong>of</strong> <strong>White</strong>’s expenses.<br />

While Peter had struggled with the accounting treatment <strong>of</strong> the ten million Euros,<br />

Neurocentral, Inc. had begun with the second phase <strong>of</strong> the development. In the years 2003<br />

6


and 2004, the transdermal patch was tested with 250 patients who were closely monitored to<br />

observe possible side effects <strong>of</strong> the drug. At the same time, these tests provided Neurocentral<br />

with first indications <strong>of</strong> the actual efficacy <strong>of</strong> the patch. Researchers at the American<br />

company and their counterparts in Europe were both delighted with the progress with which<br />

the project advanced. In 2004, Neurocentral, Inc. proudly notified <strong>White</strong> Pharmaceuticals AG<br />

that the second phase was completed successfully. In return, <strong>White</strong> transferred another ten<br />

million Euros expecting to soon receive a fully developed product. For Peter who still had his<br />

CFO’s reasoning in mind, the milestone payment seemed <strong>of</strong> a similar nature as the one made<br />

in 2002. Concluding that no intangible asset was received in return for the ten million Euros,<br />

he again expensed the milestone payment as he had done with the previous one.<br />

Subsequently, Neurocentral, Inc. conducted Phase III <strong>of</strong> the development process<br />

which typically is <strong>of</strong> much larger scale. As the company had not observed any severe side<br />

effects from the patch so far, they were able to limit the final clinical study to 1,000 patients.<br />

Over the course <strong>of</strong> two years, Neurocentral again tested the transdermal patch and observed a<br />

great effectiveness <strong>of</strong> the drug. What’s more, no complications or additional side effects<br />

arose. Accordingly, the development process was completed in 2006 which was celebrated at<br />

both companies. After receiving all documents associated with the transdermal patch, <strong>White</strong><br />

Pharmaceuticals AG went on to make the final lump-sum payment <strong>of</strong> 55 million Euros to<br />

Neurocentral, Inc. In addition, they used the documents received to compile the application<br />

for FDA and EMA approval. Thus, the project had been completed and Peter faced the last<br />

payment resulting from the agreement. He realized that Mr. Muller’s argumentation was still<br />

valid – <strong>White</strong> had filed for approval but not received an authorization for the drug yet. As a<br />

consequence, he again charged the 55 million Euros to <strong>White</strong>’s expense accounts.<br />

Nevertheless, the <strong>of</strong>ficial termination <strong>of</strong> the agreement made him reconsider the accounting<br />

treatment and he decided to openly discuss the issue with <strong>White</strong>’s auditors.<br />

7


<strong>The</strong> Discussion with <strong>White</strong>’s Auditors<br />

At year’s end, Peter sat down with the auditors and was asked if any extraordinary<br />

transactions had occurred. He described the circumstances <strong>of</strong> the alliance with Neurocentral,<br />

Inc. and asked the auditors for their opinion on the lump-sum payment. A few days later,<br />

after the auditors had analyzed the issue, they discussed whether <strong>White</strong> had acquired an<br />

intangible asset or whether the payment was part <strong>of</strong> <strong>White</strong>’s R&D expense. <strong>The</strong> auditors,<br />

however, suggested that the issue may be open to interpretation. On the one hand, they shared<br />

Alex Muller’s assessment and acknowledged that the lack <strong>of</strong> an <strong>of</strong>ficial approval indeed<br />

made a capitalization questionable. On the other hand, they shared Peter’s doubts and<br />

indicated that the approval only seemed to remain a legal formality. <strong>The</strong> clinical studies had<br />

been completed without any complications and <strong>White</strong> could present the necessary paperwork<br />

for an approval by FDA or EMA. This would lead to the conclusion that all criteria in IAS 38<br />

were fulfilled and the costs incurred in the last stage <strong>of</strong> the development phase, i.e. 55 million<br />

Euros, should be recognized. In addition, the auditors declared that the transaction could also<br />

be interpreted as an acquisition <strong>of</strong> an intangible asset. Consequently, the price <strong>White</strong> had paid<br />

for the R&D could be seen to reflect <strong>White</strong>’s expectations concerning an inflow <strong>of</strong> economic<br />

benefits. According to IAS 38, such a separate acquisition always resulted in an intangible<br />

asset that had to be recognized by the acquirer. Regardless <strong>of</strong> these discussions, Alex Muller<br />

who joined Peter and the auditors at the meeting insisted on the fact that <strong>White</strong> only<br />

compensated Neurocentral, Inc. for the research and did not acquire an asset. He claimed that<br />

he had researched similar transactions and found that engaging another entity to conduct<br />

research did not constitute an acquisition <strong>of</strong> an asset. Thus, he asserted that the arrangement<br />

with Neurocentral, Inc. had to be evaluated as an outsourcing <strong>of</strong> research and development.<br />

Following this argumentation, he demanded to apply the same criteria as would be the case if<br />

the R&D was conducted in-house, i.e. by <strong>White</strong>’s own research department. And, in that<br />

8


situation, they had to evaluate if all criteria <strong>of</strong> development costs were fulfilled. He, again,<br />

negated that <strong>White</strong> could already expect future economic benefits as <strong>White</strong> still did not have<br />

an approval by either FDA or EMA. <strong>The</strong>refore, he pushed for an expense charge <strong>of</strong> the lump-<br />

sum payment. As the auditors could not provide an unequivocal interpretation that asserted<br />

the contrary and as they had specifically asked for managerial judgment, they eventually<br />

decided to follow Mr. Muller’s reasoning and approved the expense charges.<br />

<strong>The</strong> Examination<br />

Although the transdermal patch turned out to be a huge success and the executive<br />

teams <strong>of</strong> both <strong>White</strong> Pharmaceuticals AG and Neurocentral, Inc. were eager to extend the<br />

alliance, they could not agree on a follow-up project and the collaboration was terminated.<br />

Consequently, Peter slowly forgot about his struggle <strong>of</strong> how to treat the payments to<br />

Neurocentral, Inc. Thus, in the summer <strong>of</strong> 2008, Peter was not in the least worried when<br />

<strong>White</strong> Pharmaceuticals AG received a letter by the <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel.<br />

In their letter, the FREP told <strong>White</strong> Pharmaceuticals AG that the company was chosen at<br />

random to be inspected by the new supervising authority. <strong>The</strong>y would like to examine<br />

<strong>White</strong>’s financial statements for the year 2006. Mr. Muller did not really know what was<br />

coming at them but he put Peter in charge <strong>of</strong> the FREP investigation as “this is an accounting<br />

thing and it’s clearly your job to handle this”. As a first task, Peter was to provide the FREP<br />

with <strong>White</strong>’s annual as well as quarterly financial statements including auditor’s report and<br />

their summary <strong>of</strong> unadjusted audit differences. When two months passed without an<br />

additional notification by FREP, Peter started wondering what the examination would bring<br />

about. A little while later, <strong>White</strong> received another letter from the enforcement institution that<br />

indicated areas that the FREP would put an emphasis on in their examination. At the same<br />

time, they requested a number <strong>of</strong> documents to be sent back to the FREP within the next two<br />

9


weeks. <strong>The</strong> short time frame surprised Peter and he was glad that he could rely on his team to<br />

help him provide all documents necessary and answer all questions. Still, they struggled with<br />

several <strong>of</strong> the panel’s queries and, in the end, barely made the deadline to send the material<br />

back. Relieved from this stress, he turned back to his routine business at <strong>White</strong> which had<br />

suffered in the prior weeks. While having hoped that the examination was over, he was<br />

proved wrong by another notification that came about two months later. <strong>The</strong> institution<br />

requested more material and asked even more questions than before. Holding the letter in his<br />

hands, he started to realize that this would be a tough year for him. Over a period <strong>of</strong> ten<br />

months, Peter repeatedly received notifications and letters that he was to respond to in a very<br />

short period <strong>of</strong> time. Again and again, his usual habit <strong>of</strong> working eight to nine hours a day<br />

turned into a frenzy <strong>of</strong> long nights that <strong>of</strong>ten lasted until midnight. As soon as he had finished<br />

the latest request by FREP, he needed to take care <strong>of</strong> his usual work and started worrying<br />

when the next letter was coming.<br />

On a regular basis, he met with Mr. Muller to talk about the status <strong>of</strong> the examination<br />

and to discuss how they should handle the panel’s investigation. How should they<br />

communicate with the capital market? Should they openly inform investors <strong>of</strong> what was<br />

going on or should they wait until they received the results <strong>of</strong> the investigation? After long<br />

debates, Mr. Muller decided to wait and assured Peter that “everything will work out<br />

eventually” and that “investors don’t need to know everything”. While pondering this issue,<br />

Peter realized that the FREP’s questions soon circled around <strong>White</strong> Pharmaceuticals’<br />

payments to Neurocentral, Inc. and he recalled his insecurity concerning the treatment <strong>of</strong> the<br />

compensation. Looking at <strong>White</strong>’s financial statements for the year 2006, he saw that the<br />

company expensed a total amount <strong>of</strong> 240 million Euros for research and development. This<br />

amount included 55 million Euros which represented the final lump-sum payment to<br />

Neurocentral, Inc. Suddenly it dawned on Peter that they might have made a mistake.<br />

10


With FREP’s concluding letter in his hand, Peter Schmidt was walking towards Mr.<br />

Muller’s <strong>of</strong>fice. He prepared to tell his boss what had gone wrong. <strong>The</strong> FREP stated that<br />

<strong>White</strong> Pharmaceuticals AG had incorrectly expensed 55 million Euros in 2006. This amount<br />

should have been recognized because it represented the costs <strong>of</strong> a separately acquired<br />

intangible asset. In exchange for their payment, <strong>White</strong> had received a fully developed product<br />

which could reasonably be expected to result in an inflow <strong>of</strong> economic benefits. <strong>The</strong>refore,<br />

<strong>White</strong>’s income and assets had been understated by 55 million Euros. In addition, the FREP<br />

indicated that they had serious doubts about the treatment <strong>of</strong> the milestone payments.<br />

However, these doubts did not result in an additional finding. <strong>The</strong> letter further read that if<br />

<strong>White</strong> Pharmaceuticals AG accepted the statement, the error would be released in the<br />

electronic German Federal Gazette. If <strong>White</strong> wanted to object, they had to address this issue<br />

with the <strong>Financial</strong> Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht,<br />

BaFin) who would then carry out their own investigation. Knocking on the CFO’s door, Peter<br />

wondered how investors would react upon learning that the examination had been concealed<br />

from them.<br />

Research and Development Costs<br />

REQUIREMENTS<br />

1. <strong>The</strong> central issue <strong>of</strong> the case is the treatment <strong>of</strong> <strong>White</strong> Pharmaceuticals’ payments to<br />

Neurocentral, Inc.<br />

(1) How are research and development costs treated (a) according to IFRS and<br />

(b) according to US-GAAP?<br />

(2) How are separately acquired intangible assets treated (a) according to IFRS and<br />

(b) according to US-GAAP?<br />

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(3) Assess the payments made by <strong>White</strong> according to the criteria set out in IAS 38.<br />

Which payment would you have recognized in Peter’s place?<br />

2. Costs for research and development are a major part <strong>of</strong> a pharmaceutical company’s<br />

spending.<br />

(1) Why does capitalizing R&D seem to be an area <strong>of</strong> managerial discretion, although<br />

there are explicit rules <strong>of</strong> how to treat R&D?<br />

(2) Are there advantages (disadvantages) <strong>of</strong> capitalizing R&D?<br />

(3) <strong>White</strong>’s CFO tells Peter Schmidt that the pharmaceutical industry charges most <strong>of</strong><br />

their R&D costs to expenses. Table 1 shows the ratio <strong>of</strong> capitalized R&D to total<br />

R&D expenditures in different industries. Can you imagine why industries differ in<br />

their treatment <strong>of</strong> R&D?<br />

Industry ATL BCU CPH FBI IND MTST RCF<br />

Capitalized R&D /<br />

Total Costs for R&D<br />

29.73% 36.66% 1.66% 31.01% 13.60% 45.54% 15.99%<br />

Table 1: Capitalizing Development Costs in Germany (ATL=Automobile, Transportation, Logistics;<br />

BCU=Basic Resources, Construction, Utilities; CPH=Chemicals, Pharmaceuticals, Healthcare;<br />

FBI=<strong>Financial</strong> Services, Banks, Insurance; IND=Industrial; MTST=Media, Technology, S<strong>of</strong>tware,<br />

Telecommunication; RCF=Retail, Consumer, Food&Beverages; Hager and Hitz 2007).<br />

(4) <strong>The</strong> IFRS Framework constitutes qualitative characteristics that financial statements<br />

are to fulfill. Do you think that the accounting for research and development costs<br />

corresponds to the qualitative characteristics <strong>of</strong> relevance and reliability?<br />

Global Accounting <strong>Standards</strong>: IFRS and US-GAAP<br />

<strong>The</strong> case study reviewed the different treatment <strong>of</strong> R&D costs according to IFRS and US-<br />

GAAP. As the IASB and the FASB want to create uniform global accounting standards,<br />

many financial reporting standards will change and many companies face a complex process<br />

to adapt their accounting systems (see, for example, Gornik-Tomaszewski and Jermakowicz,<br />

2010).<br />

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(1) Can you think <strong>of</strong> advantages (disadvantages) <strong>of</strong> global accounting standards?<br />

(2) What is the impact on reporting entities that have to adapt their accounting?<br />

(3) <strong>The</strong> IASB and the FASB also plan to converge the rules for R&D expenditures. However,<br />

the project has been set on hold in 2009. Outline the boards’ approach concerning the<br />

convergence. Can you imagine possible hindrances to the convergence <strong>of</strong> R&D<br />

accounting?<br />

Enforcement <strong>of</strong> <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong><br />

1. In Germany, an institution that enforces financial reporting standards was only<br />

established in recent years.<br />

(1) What is the reasoning behind an institution that enforces financial reporting<br />

standards?<br />

(2) How are companies that are to be inspected selected? What does the German<br />

enforcement process look like?<br />

2. At the end <strong>of</strong> our case, Peter receives a final letter by the FREP that presents an error<br />

finding to him. He is wondering what the consequences <strong>of</strong> this finding are.<br />

(1) What are <strong>White</strong>’s possible responses to the finding? Which way would you pursue?<br />

Why?<br />

(2) How do you think will investors react to the error finding? How should <strong>White</strong><br />

Pharmaceuticals AG have best reacted to the examination by the FREP?<br />

(3) Who is to take responsibility for the restatements? Which role do you attribute to<br />

<strong>White</strong>’s auditors?<br />

(4) Imagine that Alex Muller asked Peter to appeal FREP’s finding. What would be his<br />

motivations to do so? In your answer, outline arguments that Peter could use to<br />

successfully appeal the decision.<br />

13


(5) Now, imagine that <strong>White</strong>’s CFO decided to accept the finding. How would Peter go<br />

about restating <strong>White</strong>’s financial statements? 3<br />

In your answer, refer to IAS 8 and<br />

examine what decisions Peter has to make. Also, consider how <strong>White</strong> best let<br />

investors know about the restatement. What role do tax authorities play?<br />

REFERENCES<br />

Gornik-Tomaszewski, S., and E. K. Jermakowicz. 2010. Adopting IFRS – Guidance for U.S.<br />

Entities Under IFRS 1. CPA Journal 80 (3): 12–18.<br />

Hager, S., and J.-M. Hitz. 2007. Immaterielle Vermögenswerte in der Bilanzierung und<br />

Berichterstattung – eine empirische Bestandsaufnahme für die Geschäftsberichte<br />

deutscher IFRS-Bilanzierer 2005 (Accounting for and <strong>Reporting</strong> <strong>of</strong> Intangible Assets<br />

– An Empirical Survey <strong>of</strong> German IFRS Accounts in 2005). Zeitschrift für<br />

internationale und kapitalmarktorientierte Rechnungslegung 2007 (4): 205–218.<br />

3 Assume that <strong>White</strong>’s financial year ends December 31 st . Also, assume that <strong>White</strong> only presents one prior<br />

period in their annual report.<br />

14


Appendix:<br />

Research Phase &<br />

Safety Pr<strong>of</strong>ile & Efficacy &<br />

Safety &<br />

Pre-Clinical Phase Tests in Everyday<br />

Dosage Range Side Effects Effectiveness<br />

Healthcare<br />

(50 – 100<br />

(100 – 300<br />

(up to several<br />

Environment<br />

volunteers)<br />

patients) thousand patients)<br />

Research Development<br />

5 Million Euros<br />

(2001)<br />

Phase I<br />

10 Million Euros<br />

(2002)<br />

Phase II Phase III<br />

Phase IV<br />

10 Million Euros<br />

(2004)<br />

Authorization by FDA or EMEA<br />

55 Million Euros<br />

(2006)<br />

Payment Structure<br />

Figure 1: Drug Development Process and Payment Structure (Own depiction based on information from FDA).<br />

15


<strong>Case</strong> Synopsis<br />

TEACHING NOTES<br />

Our study draws from an actual case <strong>of</strong> financial reporting enforcement in Germany.<br />

<strong>White</strong> Pharmaceuticals AG 4<br />

, a pharmaceutical company listed on the German stock<br />

exchange, enters a partnership with a U.S.-based company, Neurocentral, Inc. While <strong>White</strong><br />

aims to pr<strong>of</strong>it from Neurocentral’s research and wants to access the American market, they<br />

provide their partner with funding that includes three forms <strong>of</strong> compensation: an upfront<br />

payment, two milestone payments and a lump-sum payment after all clinical studies are<br />

completed. Peter Schmidt, head <strong>of</strong> <strong>White</strong>’s accounting department, expenses all payments as<br />

they are made. A few years later, the German <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel (FREP)<br />

selects <strong>White</strong> Pharmaceutical AG for an examination. For the year 2006, they find that the<br />

lump-sum payment to Neurocentral, Inc. should have been recognized as it represents an<br />

acquisition <strong>of</strong> an intangible asset. <strong>White</strong> receives a notification stating that both income and<br />

intangible assets are understated by 55 million Euros which is the amount the company paid<br />

as a lump-sum. <strong>The</strong> case ends with Peter Schmidt thinking about the consequences <strong>of</strong> a<br />

possible restatement.<br />

Assignments<br />

Research and Development Costs<br />

1. (1) How are research and development costs treated (a) according to IFRS and<br />

(b) according to US-GAAP?<br />

(2) How are separately acquired intangible assets treated (a) according to IFRS and<br />

(b) according to US-GAAP?<br />

4 All names, dates and locations have been changed, as have the “characters” involved in the case.<br />

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(3) Assess the payments made by <strong>White</strong> according to the criteria set out in IAS 38. Which<br />

payment would you have recognized in Peter’s place?<br />

2. (1) Why does capitalizing R&D seem to be an area <strong>of</strong> managerial discretion, although<br />

there are explicit rules <strong>of</strong> how to treat R&D?<br />

(2) Are there advantages (disadvantages) <strong>of</strong> capitalizing R&D?<br />

(3) Can you imagine why industries differ in their treatment <strong>of</strong> R&D?<br />

(4) Do you think that the accounting for research and development costs corresponds to<br />

the qualitative characteristics <strong>of</strong> relevance and reliability?<br />

Global Accounting <strong>Standards</strong>: IFRS and US-GAAP<br />

(1) Can you think <strong>of</strong> advantages (disadvantages) <strong>of</strong> global accounting standards?<br />

(2) What is the impact on reporting entities that have to adapt their accounting?<br />

(3) Outline the boards’ approach concerning the convergence. Can you imagine possible<br />

hindrances to the convergence <strong>of</strong> R&D accounting?<br />

Enforcement <strong>of</strong> <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong><br />

1. (1) What is the reasoning behind an institution that enforces financial reporting<br />

standards?<br />

(2) How are companies that are to be inspected selected? What does the German<br />

enforcement process look like?<br />

2. (1) What are <strong>White</strong>’s possible responses to the finding? Which way would you<br />

pursue? Why?<br />

(2) How do you think will investors react to the error finding? How should <strong>White</strong><br />

Pharmaceuticals AG have best reacted to the examination by the FREP?<br />

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(3) Who is to take responsibility for the restatements? Which role do you attribute to<br />

<strong>White</strong>’s auditors?<br />

(4) Imagine that Alex Muller asked Peter to appeal FREP’s finding. What would be his<br />

motivations to do so? In your answer, outline arguments that Peter could use to<br />

successfully appeal the decision.<br />

(5) Now, imagine that <strong>White</strong>’s CFO decided to accept the finding. How would Peter go<br />

about restating <strong>White</strong>’s financial statements? In your answer, refer to IAS 8 and<br />

examine what decisions Peter has to make. Also, consider how <strong>White</strong> best let<br />

investors know about the restatement. What role do tax authorities play?<br />

Solutions to the Assignments<br />

<strong>The</strong> following chapters present solutions to the assignments. For each set <strong>of</strong> questions,<br />

we first describe the educational objective <strong>of</strong> the requirements before we cover the actual<br />

solutions. Further instructional comments concerning the questions are written in italics.<br />

Research and Development Costs<br />

1. <strong>The</strong> first set <strong>of</strong> questions gives students the opportunity to study the treatment <strong>of</strong> research<br />

and development costs. At the same time, they identify one <strong>of</strong> the differences between US-<br />

GAAP and IFRS accounting. Answering the questions, students will review definition and<br />

recognition criteria <strong>of</strong> intangible assets while comprehending differences between internally<br />

run R&D and separately acquired research results. By assessing the main character’s actions,<br />

they are also encouraged to work out a well structured approach to apply managerial<br />

judgment. Solutions to the first set <strong>of</strong> questions are partly presented in the case itself. Thus,<br />

students are guided along the questions and are introduced to the key issue <strong>of</strong> the case study.<br />

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Solutions:<br />

(1) (a) For intangible assets, IAS 38.11-.24 set definition (identifiability, control, future<br />

economic benefits) and recognition criteria (probability <strong>of</strong> future economic benefits, reliable<br />

measurement <strong>of</strong> costs).<br />

However, the question refers to the treatment <strong>of</strong> R&D expenditures. <strong>The</strong>refore, the<br />

correct answer can be found in IAS 38.54-.64. According to these paragraphs, intangible<br />

assets arising during a research phase are not recognized. All costs shall be expensed when<br />

incurred. Intangible assets that arise in the development phase are recognized if the following<br />

can be demonstrated by the entity:<br />

- Technical feasibility <strong>of</strong> completing the asset,<br />

- Intention to complete the asset,<br />

- Ability to use or sell the asset,<br />

- How the asset generates probable future economic benefits,<br />

- Availability <strong>of</strong> resources to complete the asset, and<br />

- Ability to measure costs attributable to the asset reliably (IAS 38.57).<br />

(b) When accounting according to US-GAAP, SFAS No. 2 / ASC 730-10 provides the<br />

background for research and development costs. Entities are required to expense all costs<br />

associated with research and development as these costs are incurred. Specifically,<br />

SFAS No. 2, par. 11 / ASC 730-10-25-2 lists elements <strong>of</strong> costs that are to be identified with<br />

R&D activities and are subsequently expensed. <strong>The</strong> FASB argues that R&D projects always<br />

involve a high degree <strong>of</strong> uncertainty which is why there is no indication for a creation <strong>of</strong> an<br />

economic resource. Even if an entity expects future benefits from the R&D, it remains<br />

questionable for the FASB how these could be measured reliably. In addition, the standard<br />

setter does not acknowledge a causal relationship between costs and benefits.<br />

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Exceptions to this rule are most notably intangible assets purchased from others (see<br />

solutions to next question for more details). In addition, ASC 730-10-60 contains further<br />

items that are linked to R&D but include guidance different from ASC 730-10. <strong>The</strong>se items<br />

include, on the one hand, design and development costs for products to be sold under long-<br />

term supply arrangements (EITF 99-5 / ASC 340-10), costs for the development <strong>of</strong> websites<br />

(EITF 00-2 / ASC 350-50) and costs for computer s<strong>of</strong>tware (SFAS No. 86 / ASC 985-20).<br />

(2) (a) Students should refer to IAS 38.25-.30 to answer this question. In a separate<br />

acquisition <strong>of</strong> an intangible asset, the price paid for the asset reflects expectations concerning<br />

future economic benefits embodied in the asset. Although timing or the amount <strong>of</strong> the inflow<br />

may be unsure, the entity still expects economic benefits from acquiring the asset. Otherwise<br />

the entity would not have spent money on the acquisition. Also, if the price paid is in the<br />

form <strong>of</strong> cash or other monetary assets, costs <strong>of</strong> the separately acquired intangible can be<br />

measured reliably. Thus, recognition criteria are fulfilled and the intangible asset is<br />

recognized on the balance sheet. This is particularly the case if the intangible is acquired in a<br />

business combination.<br />

(b) Instructors may want to discuss the details <strong>of</strong> the US-GAAP requirements with the<br />

students. <strong>The</strong>y may especially focus on the alternative-use-criterion and its abandonment due<br />

to the convergence <strong>of</strong> SFAS No. 141 with IFRS 3.<br />

An entity that prepares their financial statements according to US-GAAP recognizes<br />

separately acquired intangible assets on their balance sheet in accordance with<br />

SFAS No. 142, par. 9 / ASC 350-30-25-1. If the R&D is acquired as part <strong>of</strong> a business<br />

combination, in-process research and development is also capitalized (SFAS No. 141(R) /<br />

ASC 805). Prior to the issuance <strong>of</strong> SFAS No. 141(R), the acquiring entity had to apply an<br />

alternative-use-criterion that prohibited the entity to capitalize in-process R&D if the research<br />

20


and development did not have alternative future use (SFAS No. 141 and FIN 4). However,<br />

due to the convergence <strong>of</strong> accounting standards, SFAS No. 141 was revised in 2007 and<br />

adopted the requirements <strong>of</strong> IFRS 3. Thus, current US-GAAP standards require an entity to<br />

capitalize all acquired research and development assets regardless <strong>of</strong> whether these assets can<br />

be used alternatively in the future. Subsequent to the initial recognition, acquired in-process<br />

R&D is considered indefinite-lived until the R&D is completed or abandoned (EITF 09-2).<br />

(3) This part gives students the opportunity to apply the results <strong>of</strong> part (1) and (2). Students<br />

should use precise and logical argumentation concerning the treatment <strong>of</strong> the payments in<br />

order to base their judgment <strong>of</strong> the transaction on a well-structured and logical assessment.<br />

As the case is constructed to present a transaction that is open to managerial judgment, there<br />

is not one solution to this question. Instructors may also discuss what to do if IFRS lacks<br />

regulation, i.e. point students towards the application <strong>of</strong> IAS 8.7-.11.<br />

<strong>The</strong> key issue concerning the payments made to Neurocentral, Inc. is whether <strong>White</strong><br />

Pharmaceuticals AG can assess the payments as an outsourcing <strong>of</strong> R&D. In that case, the<br />

payments may be expensed. However, if <strong>White</strong> acquires an intangible asset, the payments<br />

would have to be recognized according to IAS 38.25-.26. In the following, we present an<br />

analysis <strong>of</strong> the three payments:<br />

(i) Upfront Payment:<br />

<strong>The</strong> upfront payment <strong>of</strong> five million Euros should be expensed regardless <strong>of</strong> how the<br />

payment is interpreted. If the transaction is considered an outsourcing <strong>of</strong> R&D, the payment<br />

should be assessed as if the research was undertaken by <strong>White</strong>’s research team. Thus, the five<br />

million Euros represent costs that occurred in the research phase. According to IAS 38.54,<br />

such costs are to be expensed when incurred.<br />

21


In addition, the transaction may hardly be assessed as an acquisition <strong>of</strong> an intangible<br />

asset. While an ex-post-assessment <strong>of</strong> the payment may yield the conclusion that the five<br />

million Euros represented expectations concerning future economic benefits, an evaluation <strong>of</strong><br />

the research at the time <strong>of</strong> the payment could hardly trigger a capitalization <strong>of</strong> the payment.<br />

When the payment was made, it was difficult for both <strong>White</strong> and Neurocentral to assess<br />

whether the research would provide a prototype for a drug that could subsequently be tested<br />

in clinical studies. Although <strong>White</strong> had acquired all rights to the research performed, one<br />

could hardly argue that the company actually acquired an asset.<br />

As IAS 38 does not set out rules concerning the treatment <strong>of</strong> research and<br />

development arrangements, Peter could have followed IAS 8.12 which encourages<br />

management to consider pronouncements <strong>of</strong> other standard setters if the IFRS lack<br />

regulation. Following this directive, Peter may have found EITF 07-3 / ASC 730-20-25-13f.<br />

which require an entity to defer and capitalize nonrefundable advance payments in research<br />

and development agreements. ASC 730-20-35-1 describes the subsequent measurement <strong>of</strong><br />

such payments and regulates that they should be charged to expense as the services are<br />

performed. In fact, the (now superseded) EITF 07-3 specifically includes a reference to<br />

IAS 38. In <strong>White</strong>’s case, the payment was made in 2001 which was also when the research<br />

phase was completed. Thus, taking into consideration US-GAAP could have provided Peter<br />

with a solid argumentation for his treatment <strong>of</strong> the upfront payment. 5<br />

(ii) Milestone Payments:<br />

Both milestone payments are similar in nature which is why we assess the treatment<br />

<strong>of</strong> both payments as if they were one. If the transaction is considered an outsourcing <strong>of</strong> R&D,<br />

the payments correspond to costs incurred in the development phase <strong>of</strong> an internal project. In<br />

this case, the company has to assess the six criteria laid out in the solutions to question (1)(a).<br />

5<br />

Note that EITF 07-3 was only issued in 2007, while the upfront payment was made in 2001. However, we<br />

refer to this EITF to provide a comprehensive picture <strong>of</strong> R&D accounting.<br />

22


For a pharmaceutical company, the success <strong>of</strong> a developed drug depends on the approval by<br />

the corresponding agency (e.g. FDA). Thus, it has become common practice in the industry to<br />

only recognize costs incurred after <strong>of</strong>ficial approval. This policy takes into account that an<br />

agency might deny approval so the drug will not be marketable. In addition, beginning the<br />

clinical studies cannot be seen as a reliable indicator that a drug will eventually be brought to<br />

the market. During the course <strong>of</strong> the studies, potential implications may arise which could<br />

nullify any launch plans. <strong>The</strong>se aspects lead pharmaceutical companies to negate the<br />

probability <strong>of</strong> future economic benefits and the technical feasibility <strong>of</strong> completing the<br />

intangible asset before an <strong>of</strong>ficial approval has been received. This reasoning is also applied<br />

by <strong>White</strong>’s CFO which is why Peter expenses the two milestone payments.<br />

On the other hand, if the transaction is interpreted as an acquisition, a case could also<br />

be made for a capitalization <strong>of</strong> the two milestone payments. <strong>White</strong> Pharmaceuticals AG<br />

receives all rights to the development in progress and only transfers the money once the<br />

phases have been completed successfully. Thus, with the ongoing development efforts the<br />

probability increases that Neurocentral, Inc. creates a marketable drug and that <strong>White</strong><br />

receives an intangible asset for their payments. Thus, the two milestone payments could also<br />

be interpreted as a compensation for the developed transdermal patch to which <strong>White</strong><br />

receives, i.e. acquires, all rights. This interpretation is also indicated in the letter by the FREP<br />

that <strong>White</strong> receives at the end <strong>of</strong> our case.<br />

(iii) Lump-Sum Payment:<br />

Mr. Muller’s interpretation <strong>of</strong> the lump-sum payment follows the one set out for the<br />

milestone payments. When looking at the R&D as if it were conducted in-house, the lack <strong>of</strong><br />

approval by FDA/EMA would justify an expense charge <strong>of</strong> the 55 million Euros. However,<br />

the argumentation used by the FREP seems more reasonable. <strong>The</strong>y argue that the lump-sum<br />

was paid to acquire an intangible asset. Although the patch still lacks <strong>of</strong>ficial approval, <strong>White</strong><br />

23


had filed for it and it seems like the approval is only a legal formality. In addition, <strong>White</strong> had<br />

received all rights to the R&D performed in exchange for the payment which constitutes an<br />

acquisition <strong>of</strong> an intangible asset. Also, what <strong>White</strong> needs to consider is the IASB’s intention<br />

in issuing IAS 38.25. <strong>The</strong> standard does not require an entity to apply the same criteria to an<br />

acquired intangible asset that are applicable to internal R&D. Instead, the standard postulates<br />

that every acquisition <strong>of</strong> an intangible asset results in a capitalization. <strong>White</strong> did acquire the<br />

rights to research and development performed by Neurocentral and should therefore have<br />

capitalized the costs for it.<br />

Overall, we conclude that <strong>White</strong>’s treatment <strong>of</strong> the upfront payment can be supported.<br />

While the expense charges <strong>of</strong> both milestone payments seem questionable, the lump-sum<br />

payment should have been capitalized. <strong>The</strong> key issue concerning the payments is whether the<br />

transaction can be assessed as an outsourcing <strong>of</strong> R&D. Unlike <strong>White</strong>, we prefer to assess the<br />

transaction as an acquisition because, prior to the payments, the rights to the research<br />

performed are with Neurocentral while, in the end, they lie with <strong>White</strong>. However, it is our<br />

intention to present a case with potential for discussion and we encourage instructors to<br />

discuss the transaction extensively with students. This provides students with a good idea <strong>of</strong><br />

what managerial discretion and pr<strong>of</strong>essional judgment is.<br />

2. <strong>The</strong> second set <strong>of</strong> questions introduces students to the concept <strong>of</strong> accounting choices and<br />

accounting policies. Students will learn that some accounting standards leave room for<br />

discretion. <strong>The</strong>y should realize that there is no “true” income and that published income <strong>of</strong> a<br />

company is not the one income but depends on different choices taken by management.<br />

Students should be aware that taking advantage <strong>of</strong> these choices is part <strong>of</strong> managerial<br />

judgment and not – as some students may think – accounting fraud. We also want students to<br />

realize that it is sometimes difficult for companies to apply the criteria given by accounting<br />

24


standards. <strong>The</strong> second question deals with an analysis <strong>of</strong> an accounting choice. Students will<br />

learn that a mere choice between recognizing and expensing R&D has an impact on both<br />

balance sheet and income statement. Next, we aim to discuss the issue <strong>of</strong> industry practices <strong>of</strong><br />

which most students have heard about in an accounting context. But, usually, they are not<br />

aware <strong>of</strong> what this concept means, why it exists and how practices are set. <strong>The</strong>refore, the<br />

question aims at giving students a clearer understanding <strong>of</strong> the issue. Finally, we want<br />

students to consider the current rules <strong>of</strong> IAS 38 against the background <strong>of</strong> the qualitative<br />

characteristics set out in the Framework. Students should evaluate whether IAS 38 is<br />

consistent with the requirement <strong>of</strong> relevant and reliable accounting figures.<br />

Solutions:<br />

(1) IAS 38 requires a reporting entity to recognize intangible assets arising from development<br />

if a number <strong>of</strong> criteria set in IAS 38 is fulfilled. <strong>The</strong>se criteria have to be met cumulatively<br />

and seemingly create an accounting choice because an entity can utilize several parameters to<br />

fall short <strong>of</strong> demonstrating the necessary requirements. For example, an entity can state that it<br />

does not have the intention to complete the intangible asset. Leaving this much room to<br />

interpretation, the standard introduces more <strong>of</strong> an option than a rule <strong>of</strong> when to recognize<br />

intangible assets. While usually an accounting choice is to be applied consistently, the list <strong>of</strong><br />

criteria in IAS 38 needs to be fulfilled for each R&D project which results in the possibility<br />

to “choose” recognition or expense on a case-by-case-basis.<br />

(2) Students should be made aware that IFRS requires an entity to apply an accounting<br />

principle consistently. Although R&D expenditures are an example <strong>of</strong> managerial judgment<br />

on a case-by-case-basis, an entity is normally expected to apply the same principle over time.<br />

<strong>The</strong>refore, the instructor should emphasize that an accounting choice cannot as easily<br />

25


eversed as students sometimes imagine. In addition, our answer just gives an overall<br />

description <strong>of</strong> the effects which do not necessarily represent the case <strong>of</strong> <strong>White</strong><br />

Pharmaceuticals AG or the effect that a single capitalization vs. expenditure choice has on a<br />

company. However, students should be made aware <strong>of</strong> the incentives such a choice creates<br />

but they also should not overestimate the effect.<br />

“Choosing” between capitalizing development costs and expensing them as they incur<br />

has the following implications: Recognizing an intangible asset reduces expenses for the year<br />

and results in a higher income. At the same time, the entity’s assets increase as well as its<br />

retained earnings which results in a higher equity position. As an overall effect, – depending<br />

on the amount at stake – the company’s leverage may reduce which gives the company a<br />

better position to raise additional capital. Also, higher income may be an incentive for<br />

executives if their compensation is based on earnings. On the other hand, if a company<br />

“chooses” to expense the costs as they are incurred, the effects are vice versa (lower income<br />

as well as lower total assets).<br />

(3) <strong>The</strong> concept <strong>of</strong> industry practice arises from the fact that companies belonging to the<br />

same industry face (mostly) the same regulatory requirements and can thus be compared<br />

more easily. This becomes apparent when looking at the industry at stake in the case study.<br />

<strong>The</strong> pharmaceutical industry argues that the success <strong>of</strong> their research and development<br />

depends on the regulatory approval <strong>of</strong> certain agencies (e.g. EMA in Europe, FDA in the<br />

U.S.). <strong>The</strong>refore, they treat all costs prior to the approval as research expenses. <strong>The</strong>se costs<br />

represent the major part <strong>of</strong> R&D expenditures in the pharmaceutical industry which is why<br />

the industry has the lowest capitalization ratio <strong>of</strong> the surveyed industries. <strong>The</strong> financial<br />

services industry, on the other hand, does not have these regulatory restrictions and most <strong>of</strong><br />

their R&D revolves around new s<strong>of</strong>tware applications that can be recognized as intangible<br />

26


assets right away. This example shows that the primary reason for the emergence <strong>of</strong> industry<br />

practices is comparability. As a consequence, financial analysts compare accounting choices<br />

and accounting figures within an industry because they assume that the industry presents the<br />

best benchmark for a company. If a company deviates from the benchmark, analysts look for<br />

explanations. In the case <strong>of</strong> R&D, a possible explanation for a higher capitalization ratio may<br />

be that a company has either reduced their expenses or they have finalized more products.<br />

(4) <strong>The</strong> IASB Framework constitutes four qualitative characteristics that financial statements<br />

are to fulfill: understandability, relevance, reliability, and comparability. <strong>The</strong> accounting for<br />

research and development under IFRS uses a set <strong>of</strong> criteria (IAS 38.57) that needs to be<br />

fulfilled for a capitalization <strong>of</strong> development costs. As we laid out above, managers view R&D<br />

accounting as accounting choice on a case-by-case-basis. This practice encourages a<br />

discussion on the relevance and the reliability <strong>of</strong> capitalized R&D items.<br />

According to F.26, users <strong>of</strong> financial statements need relevant information for their<br />

decision-making. Information is relevant “when it influences the economic decisions <strong>of</strong> users<br />

by helping them evaluate past, present or future events or confirming, or correcting, their past<br />

evaluations.” Thus, information in financial statements should have a predictive and a<br />

confirmatory role. Pharmaceutical companies depend heavily on the success <strong>of</strong> their research<br />

and development projects. While their current operating performance is a result <strong>of</strong> past<br />

success in R&D, their future operating performance is determined by their current R&D<br />

success. A company’s research and development activities are, thus, taken as an indicator <strong>of</strong><br />

future performance and R&D expenditure is seen as a proxy for an entity’s research project<br />

pipeline. Following this argumentation, R&D costs are key information in assessing<br />

pharmaceutical companies’ performance. <strong>The</strong>refore, this item can be seen to fulfill the<br />

27


predictive role <strong>of</strong> accounting information to a great extent resulting in a high relevance <strong>of</strong><br />

R&D costs for pharmaceutical companies.<br />

Reliability, on the other hand, is defined in F.31. Information is reliable “when it is<br />

free from material error and bias and can be depended upon by users to represent faithfully<br />

that which it either purports to represent or could reasonably be expected to represent.” While<br />

the above-identified relevance <strong>of</strong> R&D costs supports their capitalization, the reliability<br />

criterion challenges recognition <strong>of</strong> research and development expenditure. <strong>The</strong> Framework<br />

further reads in F.32 that “information may be relevant but so unreliable in nature or<br />

representation that its recognition may be potentially misleading.” This seems to be the case<br />

for research and development costs because not all R&D will lead to future economic<br />

benefits. <strong>The</strong> IASB acknowledged this fact because they require an entity to demonstrate a<br />

number <strong>of</strong> criteria before recognizing R&D. With the use <strong>of</strong> these criteria, the IASB aimed to<br />

require companies to only capitalize those costs that have a predictive value for investors, i.e.<br />

that indicate future economic benefits. However, requiring a company to only recognize costs<br />

after the entity deems the criteria fulfilled leaves out all costs that were incurred up to this<br />

point. Nevertheless, the costs incurred in the research and development phase, in hindsight,<br />

also have a predictive role and encompass part <strong>of</strong> the intangible asset that the company<br />

created. Thus, research and development costs can be seen as highly relevant for investors but<br />

not reliable enough to be capitalized.<br />

Global Accounting <strong>Standards</strong>: IFRS and US-GAAP<br />

After having discussed a particular issue that is accounted for differently under IFRS<br />

and US-GAAP, students are to look at the big picture <strong>of</strong> uniform global accounting standards.<br />

Students’ first impression will quite possibly result in a positive opinion as they will cite an<br />

increase in comparability between companies. However, our questions encourage students to<br />

28


also think critically about uniform accounting standards and to assess the consequences <strong>of</strong><br />

converging financial reporting rules.<br />

Solutions:<br />

(1) Students will most likely not come up with a lengthy set <strong>of</strong> advantages and disadvantages<br />

as set out in Table 2. However, we believe that it is helpful for students to critically reflect on<br />

what they have learned during the semester. Thus, we suggest discussing Ball (2006)’s<br />

reasoning in detail with the students.<br />

For the solutions, we refer to Ball (2006) who presents pros and cons <strong>of</strong> IFRS to<br />

investors. In addition, Hail, Leuz and Wysocki (2010) review conceptual underpinnings and<br />

conduct an economic analysis <strong>of</strong> the potential adoption <strong>of</strong> IFRS in the U.S.<br />

Advantages Disadvantages<br />

(1) IFRS as “high quality“ standards (1) Fair value accounting (if volatility in<br />

earnings is due to “model noise” or<br />

manipulation)<br />

(2) More accurate valuation in equity<br />

markets<br />

(2) Implementation issues (applying<br />

standards correctly vs. incentives to<br />

manipulate)<br />

(3) Reduced costs <strong>of</strong> being informed (3) “Global Brand Name” (quality<br />

differences between countries)<br />

(4) Reduced costs <strong>of</strong> processing financial<br />

information<br />

(5) Increased comparability and reduced<br />

information costs and information risks<br />

(6) More efficient contracting in debt<br />

markets<br />

(7) Better corporate governance (due to<br />

greater transparency)<br />

(4) “Free Rider” problem (no costs for lowquality<br />

countries to use global “brand”<br />

IFRS)<br />

(5) Competition among accounting systems<br />

is healthy (e.g. for innovation)<br />

(6) Risks for IASB to become a politicized<br />

and bureaucratic body<br />

Table 2: Ball (2006)’s advantages and disadvantages <strong>of</strong> IFRS to investors. He refers to advantages (2) through<br />

(5) as direct benefits, while (6) and (7) are indirect ones. Concerning disadvantages, he names (1) and<br />

(2) as immediately relevant, whereas (3) through (6) are longer term concerns.<br />

29


(2) <strong>The</strong> impact <strong>of</strong> an adoption <strong>of</strong> IFRS on a reporting entity is tw<strong>of</strong>old. On the one hand, both<br />

equity and debt investors need to adapt their assessment <strong>of</strong> the company’s accounting figures.<br />

<strong>The</strong>y have to adjust valuation methods and also have to become accustomed to increased<br />

volatility in earnings (e.g. compared to German commercial code). Thus, the entity may have<br />

to increase their communication efforts to avoid funding problems. <strong>The</strong> second impact <strong>of</strong> an<br />

IFRS adoption is that the company needs to adjust their internal systems and procedures. <strong>The</strong><br />

entity’s accounting staff has to be able to properly apply IFRS and has to be trained to do so.<br />

S<strong>of</strong>tware applications also need to be updated to reflect the change to the new accounting<br />

regime. Less obvious (to students) is the adjustment <strong>of</strong> internal control systems. Project<br />

calculations as well as performance evaluations are <strong>of</strong>ten based on accounting figures and<br />

therefore need to be adjusted. Also, management compensation may have to be modified to<br />

fairly reflect the change. Thus, as an adoption <strong>of</strong> IFRS results in high costs for the reporting<br />

entity, benefits <strong>of</strong> reporting according to IFRS need to be prevalent when considering a<br />

change.<br />

(3) Before discussing the convergence <strong>of</strong> R&D accounting, we want to give a short overview<br />

<strong>of</strong> the convergence process: In September 2002, both FASB and IASB agreed to work<br />

together with the aim to both improve IFRS and US-GAAP as well as eliminate differences<br />

between the accounting systems. In their so-called Norwalk Agreement, the boards agreed on<br />

the goal to develop “high-quality, compatible accounting standards that could be used for<br />

both domestic and cross-border financial reporting.” In addition, they set out that they would<br />

(a) undertake short-term projects to remove smaller differences between the systems, (b)<br />

remove other differences through the mutual undertaking <strong>of</strong> projects, and (c) continue their<br />

work on joint projects. In February 2006, the boards issued a Memorandum <strong>of</strong> Understanding<br />

(MoU) that included a number <strong>of</strong> short-term convergence topics that the boards hoped to<br />

30


achieve significant progress on by 2008. In September 2008, the FASB and the IASB updated<br />

their MoU and agreed on milestones to be achieved on a number <strong>of</strong> projects by 2011. In June<br />

2010, the boards issued a progress report on the convergence project in which they also<br />

published a modified work plan that prioritizes the major projects mentioned in the MoU.<br />

Thus, the boards aim to increase their focus on those projects that they deem most urgent.<br />

As was set out earlier, the treatment <strong>of</strong> R&D according to IFRS differs from the US-<br />

GAAP requirements. R&D accounting was identified by the boards as one <strong>of</strong> the short-term<br />

convergence project as they considered the gap in the treatments narrow enough to close in a<br />

short period <strong>of</strong> time. Thus, R&D accounting was included in the MoU as issued in 2006.<br />

However, after several rounds <strong>of</strong> discussions, the boards decided not to add the project to the<br />

active agenda. What’s more, R&D accounting was not mentioned anymore as a part <strong>of</strong> the<br />

modified work plan which meant that the project was not prioritized. Thus, the boards did not<br />

expect to agree on converging R&D accounting in the near future.<br />

<strong>The</strong> main reason for this development seems to be that the differences in R&D<br />

accounting were only perceived to be small, while they, in fact, addressed a fundamental<br />

difference between IFRS and US-GAAP. While the former system is generally considered<br />

principles-based, the latter is described as rules-based. <strong>The</strong> main characteristic <strong>of</strong> a principle-<br />

based regime is that a limited number <strong>of</strong> standards give guidelines on how to assess<br />

transactions. <strong>The</strong>refore, the principles cannot provide an impermeable set <strong>of</strong> requirements but<br />

rely on managerial judgment. On the other hand, a rules-based system issues guidance on a<br />

case-by-case basis which results in a high number <strong>of</strong> standards and, thus, relatively tight<br />

regulation.<br />

Prior to issuing SFAS No. 2, R&D accounting in the U.S. was also based on<br />

principles similar to the ones currently in use by IAS 38. Entities were to capitalize their<br />

research and development costs if a certain set <strong>of</strong> criteria was fulfilled. This procedure was<br />

31


considered part <strong>of</strong> the matching principle that wanted to defer costs <strong>of</strong> an R&D project until<br />

revenue was received. However, this practice led to abuse as every company seemingly<br />

applied the criteria in a different way which resulted in a factual accounting choice<br />

concerning the capitalization <strong>of</strong> R&D. Thus, the FASB aimed to reinstitute the comparability<br />

requirement and issued SFAS No. 2 in 1974. This standard established the still valid rule that<br />

prohibits companies from recognizing R&D costs. In the course <strong>of</strong> the convergence project,<br />

the FASB has been considering a return to the pre-SFAS No. 2 era and to a principles-based<br />

R&D accounting standard. <strong>The</strong> main hindrance to making progress seems to be that the<br />

FASB considers the rules set out in IAS 38 too vague. Although having considered<br />

adaptations <strong>of</strong> the IFRS rules, the boards could not agree on amendments that would make<br />

IAS 38 more operational. Thus, for the FASB, the fear to re-introduce a principle-based R&D<br />

standard that, in their point <strong>of</strong> view, cultivates abuse currently seems too high for a successful<br />

convergence project. Nevertheless, Bennett, Bradbury and Prangnell (2006) examine the<br />

differences between research and development standards in the rules-based US-GAAP<br />

regime and the principles-based IFRS system and find that the distinction is not as severe as<br />

commonly perceived. In their study, the authors acknowledge a certain need for an agreement<br />

<strong>of</strong> the weightings given to qualitative characteristics. However, they find fewer differences<br />

between the standards than expected which could well serve as an incentive for IASB and<br />

FASB to renew their efforts for the convergence <strong>of</strong> R&D accounting.<br />

Enforcement <strong>of</strong> <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong><br />

1. Most students have merely heard about the enforcement <strong>of</strong> accounting standards but<br />

generally do not have pr<strong>of</strong>ound knowledge <strong>of</strong> how enforcement is organized or executed.<br />

Thus, these questions introduce students to the concept and give students the opportunity to<br />

reflect on the issue. <strong>The</strong>y should realize that in some cases an additional examination is<br />

32


necessary although financial statements are reviewed by independent auditors. Also, we aim<br />

to demonstrate how the enforcement is organized and how the FREP selects companies that<br />

will be inspected. Thus, students will receive an overview <strong>of</strong> the enforcement process.<br />

Solutions:<br />

(1) In 2005, the German <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel (FREP) conducted their first<br />

examinations with the aim to restore investor confidence in companies’ financial statements<br />

and equity markets as a whole. <strong>The</strong> additional institution that checks and controls a<br />

company’s financial reporting aims to increase compliance with accounting standards.<br />

Triggering events for the creation <strong>of</strong> FREP were accounting scandals like Enron and<br />

WorldCOM. <strong>The</strong>se scandals showed that, in spite <strong>of</strong> reviews by auditors, companies could<br />

still manipulate their financial statements. As a result, many countries introduced new ways<br />

to further inspect accounting as well as auditing (e.g. Sarbanes-Oxley-Act). In addition,<br />

enforcement institutions also aim to prevent mistakes by publishing error findings as well as<br />

recommendations. Thus, they want to increase management’s and auditors’ awareness <strong>of</strong><br />

common errors and mistakes in certain accounting areas.<br />

<strong>The</strong> instructor may also guide students through discussions about the “value” <strong>of</strong><br />

reliable accounting figures for functioning and efficient capital markets. This can enable<br />

students to see the big picture <strong>of</strong> reliable accounting figures.<br />

(2) In Germany, the enforcement was designed to reflect characteristics <strong>of</strong> both a sovereign<br />

authority as well as a privately held institution. A two-step-process was implemented that<br />

includes the private FREP who conducts the primary investigation and the sovereign<br />

<strong>Financial</strong> Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin)<br />

who takes over in case FREP’s investigation fails. Companies that will be examined are<br />

33


selected by one <strong>of</strong> three ways: Either they are part <strong>of</strong> a random sample by the FREP or there<br />

are indications that a company has made accounting errors or the BaFin requests an<br />

investigation. <strong>The</strong> selection process shows that investigations are run both proactively as well<br />

as reactively. Once a company is chosen, the enforcement can develop in different ways.<br />

Figure 2 shows how the two steps <strong>of</strong> the German enforcement process are organized.<br />

Random Sampling<br />

(proactive)<br />

No Findings<br />

Report to BaFin and<br />

Company<br />

End <strong>of</strong><br />

Examination<br />

Indications for Accounting<br />

Errors (reactive)<br />

Examination by <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel (FREP)<br />

Error Findings<br />

Explanatory Statement by FREP /<br />

Time for Company to Comment on Findings<br />

Company accepts<br />

findings<br />

Report to BaFin and<br />

Error Publication<br />

Doubts concerning accurateness <strong>of</strong> findings or conduct<br />

<strong>of</strong> examination<br />

No Findings<br />

Report to Company<br />

End <strong>of</strong> Examination<br />

Company accepts<br />

findings<br />

Error Publication<br />

Examination by BaFin<br />

Error Findings<br />

Company does not<br />

accept findings<br />

Company does not<br />

accept findings<br />

Figure 2: Enforcement Process in Germany (Zülch and H<strong>of</strong>fmann, 2010).<br />

Requested by BaFin<br />

(proactive)<br />

Company refuses to<br />

cooperate<br />

Referral <strong>of</strong> Examination to BaFin<br />

Company refuses to<br />

cooperate<br />

Higher Regional Court Tribunal (Oberlandesgericht)<br />

Frankfurt / Main<br />

34


Note that although this case describes the enforcement process in Germany this<br />

section can easily be adapted to regulations in other countries. Thus, in the following we give<br />

a short overview <strong>of</strong> the enforcement processes in the U.S. and the UK. We choose these two<br />

countries for an overview as both models were discussed extensively in Germany prior to<br />

establishing the FREP. 6<br />

In addition, the two models define both ends <strong>of</strong> the range <strong>of</strong><br />

organizing an enforcement institution: While the SEC is a governmental agency and, thus,<br />

has legal power to issue directives, UK’s FRRP is a private organization which relies heavily<br />

on public pressure.<br />

Concerning the approach the U.S. takes on regulating financial reporting, Zeff (1995)<br />

gives a great overview. <strong>The</strong> Securities and Exchange Commission (SEC) was established in<br />

1934 with a wide range <strong>of</strong> power for enforcement activities. Within the SEC, there are three<br />

institutions that handle enforcement <strong>of</strong> accounting standards: the Division <strong>of</strong> Corporation<br />

Finance (DCF), the Division <strong>of</strong> Enforcement, and the Office <strong>of</strong> the Chief Accountant. <strong>The</strong><br />

DCF reviews registration documents <strong>of</strong> first-time issuers (i.e. when stock is initially sold) and<br />

– on an ongoing basis – <strong>of</strong> listed companies who are under the jurisdiction <strong>of</strong> the SEC. If the<br />

DCF raises questions concerning the financial statements <strong>of</strong> a company, they issue a “letter <strong>of</strong><br />

comment” (or deficiency letter) to the company under scrutiny. In case the issue is not<br />

resolved, the Office <strong>of</strong> the Chief Accountant takes up the matter and makes a final judgment.<br />

If the company does not accept the decision, the investigation may be referred to the Division<br />

<strong>of</strong> Enforcement who carries out their own investigation. <strong>The</strong> company, then, may become<br />

subject to injunctive or administrative action (“cease and desist”) that requires the company<br />

to restate their financial statements. Also, the Commission may choose to issue a “stop order”<br />

which hinders the registration statement from becoming effective. Other sanctions include<br />

6 Additional discussions on enforcement are, for example, provided by Berger (2010) who gives an overview<br />

<strong>of</strong> accounting enforcement in Europe. In addition, Brown and Tarca (2007) compare the British and the<br />

Australian approach to enforcement.<br />

35


monetary penalties and a publication in the SEC’s Accounting and Auditing Enforcement<br />

Releases. In addition to this proactive examination, the Division <strong>of</strong> Enforcement carries out<br />

reactive investigations if they receive evidence <strong>of</strong> potential violations from other sources (e.g.<br />

investors or media reports). What is worth noting is that most examinations go about in<br />

confidence. Only when registration statements are delayed or restated does the public take<br />

notice <strong>of</strong> the examination.<br />

Contrary to the approach taken in the U.S., the enforcement process in the United<br />

Kingdom is carried out by a private body. <strong>The</strong> <strong>Financial</strong> <strong>Reporting</strong> Review Panel (FRRP) is<br />

part <strong>of</strong> the <strong>Financial</strong> <strong>Reporting</strong> Council, an independent accounting regulation body. <strong>The</strong><br />

panel was established in 1990 and reformed with the Companies Act 2004 and 2006. Prior to<br />

the reform, the FRRP carried out their investigations only reactively, i.e. they responded to<br />

complaints from the public or the press. Also, the panel started an inquiry when auditors<br />

issued a qualified opinion on financial statements. In addition, only financial statements<br />

(“statutory annual accounts”) issued by companies registered in the UK were subject to the<br />

panel’s investigations. With the reform, the FRRP received broader powers and now also<br />

examines directors’ reports as well as interim reports. <strong>The</strong> review was likewise widened to<br />

include a proactive aspect, i.e. the FRRP now also reviews statements on a continuing basis.<br />

<strong>The</strong> panel chooses sectors <strong>of</strong> the economy that have been experiencing an increased level <strong>of</strong><br />

pressure or that are subject to complex accounting issues. In addition, the panel applies a risk<br />

model to identify companies that may be more likely to experience accounting problems.<br />

Finally, a topical selection <strong>of</strong> accounting issues may also lead to investigations. For sanction<br />

mechanisms, the FRRP solely relies on public pressure. If the panel’s investigation results in<br />

a finding, the error is made public. In case the company under scrutiny does not accept a<br />

finding, the FRRP may refer the case to courts. However, the panel itself does not have the<br />

36


power to sanction a company, e.g. by levying a fine, and counts on the loss <strong>of</strong> reputation that<br />

is associated with the publication <strong>of</strong> an error finding.<br />

2. While the last questions presented conceptual considerations <strong>of</strong> the enforcement <strong>of</strong><br />

accounting standards in Germany, this task expects students to analyze the case study based<br />

on the theoretical background. <strong>The</strong>y are required to assess implications <strong>of</strong> the examination<br />

and demonstrate their ability to evaluate possible outcomes. At the same time, students can<br />

discuss pros and cons <strong>of</strong> <strong>White</strong> Pharmaceuticals’ and Peter’s behavior while presenting<br />

recommendations for them. Students should also be encouraged to reflect on aspects <strong>of</strong> crisis<br />

management.<br />

Solutions:<br />

(1) Possible responses can be derived from Figure 1. <strong>White</strong> Pharmaceuticals AG can either<br />

accept or oppose the error finding. Acknowledging the error finding would lead to a<br />

publication <strong>of</strong> the finding in the German Federal Gazette. If they opposed the finding, the<br />

examination would be referred to BaFin who conducts their own examination. Again, <strong>White</strong><br />

would have the option <strong>of</strong> accepting or opposing a finding. If the company still did not accept<br />

the finding, the final decision would be taken by the Higher Regional Court Tribunal<br />

(Oberlandesgericht) in Frankfurt / Main.<br />

This summary already implies that the process uses a high level <strong>of</strong> corporate resources<br />

if a company wants to assert their position. Thus, a company needs to assess their success rate<br />

before they choose to object a finding by the FREP. <strong>The</strong> case presents strong indications that<br />

<strong>White</strong> did indeed make a mistake in expensing the lump-sum payment. Also, both BaFin as<br />

well as the court are generally not interested in weakening FREP’s position. A reversal <strong>of</strong> the<br />

finding would not only undermine the FREP’s standing but would also lead to a higher<br />

37


number <strong>of</strong> oppositions by companies. <strong>The</strong>se are issues that <strong>White</strong> needs to consider before<br />

answering FREP’s letter. All in all, admitting that they made a mistake and publishing the<br />

error finding seems to be <strong>White</strong>’s best option.<br />

(2) While discussing this question, the instructor may address the fact that a company most<br />

likely will encounter situations in which employees have made mistakes. Thus, students<br />

should realize that their job may require them to mitigate potential damages but,<br />

nevertheless, to accept consequences from mistakes.<br />

For investors’ reactions to a publication <strong>of</strong> error findings, we refer to the extensive<br />

research that has been conducted on this subject. While negative market returns for<br />

restatements have been observed early (e.g. Feroz, Park and Pastena 1991), error findings<br />

have further consequences. <strong>The</strong> reputation <strong>of</strong> the company suffers as well as that <strong>of</strong> its<br />

managers (Desai, Hogan and Wilkins 2006). However, Hennes, Leone and Miller (2008) note<br />

that negative market responses are stronger if restatements result from accounting<br />

irregularities (i.e. intentional misstatements) compared to restatements because <strong>of</strong> mere errors<br />

(i.e. unintentional misstatements). Similar results were found recently by Ernstberger, Hitz<br />

and Stich (2010) who specifically investigate error findings in Germany. <strong>The</strong>y report<br />

negative abnormal returns around the announcement date that increase with the severity <strong>of</strong><br />

the error(s). On the other hand, they provide evidence that unintentional error(s) appear to<br />

reduce the negative returns. Based on these research findings, <strong>White</strong> Pharmaceuticals AG<br />

will most likely experience negative market responses following the publication <strong>of</strong> the error<br />

finding. <strong>White</strong> should therefore increase their communication with investors and determine<br />

how the error came about. <strong>The</strong>y should disclose what actions the company has already taken<br />

or will take in order to prevent further mistakes. This kind <strong>of</strong> release might help to mitigate<br />

negative effects <strong>of</strong> the publication.<br />

38


Concerning the second part <strong>of</strong> the question, <strong>White</strong> Pharmaceuticals AG should indeed<br />

have been more open about the examination. <strong>White</strong>’s CFO, Alexander Muller, should have<br />

assigned a team to the examination and not dismissed the whole issue. Instead, he should<br />

have given the team top priority in working on this issue. It is part <strong>of</strong> his job as CFO to<br />

inform both CEO and the board about the examination as well as to be in close contact with<br />

FREP’s auditors concerning the investigation. In addition, <strong>White</strong> should have communicated<br />

openly with investors from the start. <strong>The</strong> lack in communication might signal to investors that<br />

<strong>White</strong> has something to hide and that they do not believe in their accounting systems.<br />

Investors may also wonder if the investigation was a result <strong>of</strong> a random sampling by the<br />

FREP or if there were indications for errors and the FREP reacted to these. Being silent about<br />

the examination may therefore increase the damage to <strong>White</strong> Pharmaceuticals’ reputation.<br />

(3) Students <strong>of</strong>ten do not seem to realize whose responsibility the conformity <strong>of</strong> financial<br />

statements to IFRS is. With this question, we intend to resolve that issue and also discuss the<br />

role <strong>of</strong> auditors in the context <strong>of</strong> the case study. As our case is constructed to introduce<br />

students to the concept <strong>of</strong> managerial judgment, we refrain from calling the error finding a<br />

serious misapplication <strong>of</strong> IFRS. However, some instructors may feel that the error finding is<br />

more severe and that the auditors should have known better. <strong>The</strong>y may want to discuss<br />

possible sanctions that institutions like the German Wirtschaftsprüferkammer (WPK) or the<br />

American Public Company Accounting Oversight Board (PCAOB) could impose on <strong>White</strong>’s<br />

auditors.<br />

First <strong>of</strong> all, it should be noted that a company’s management is responsible for the<br />

preparation <strong>of</strong> the financial statements. <strong>The</strong>refore, it is also their responsibility to ensure that<br />

appropriate measures are taken to prevent accounting errors or fraud. Auditors, on the other<br />

hand, only express an opinion on companies’ financial statements. <strong>The</strong>y are obliged to<br />

39


conduct their audit in a way that misstatements which materially affect a company’s financial<br />

statements are discovered with reasonable assurance. Although auditors examine financial<br />

statements, they do not provide a full audit or guarantee that the statements are flawless.<br />

Auditors are also not assumed to discover fraud.<br />

Thus, the responsibility for the expense charge <strong>of</strong> the lump-sum payment lies with<br />

<strong>White</strong>’s management. However, as <strong>White</strong> discussed the transaction with their auditors and as<br />

the auditors confirmed the accounting for the payment, <strong>White</strong>’s position towards the FREP<br />

may be stronger and they may consider opposing the error finding. On the other hand, <strong>White</strong><br />

could also argue that the auditors did a poor job in their assessment and consider a change <strong>of</strong><br />

auditors. This could also be a signal to investors that <strong>White</strong> takes precautions to prevent<br />

future accounting mistakes.<br />

(4) Alex Muller’s motivation to appeal the FREP’s error finding would be that he is<br />

convinced about his assessment <strong>of</strong> the transaction. He may see the transaction as<br />

controversial enough to expect a revision <strong>of</strong> the finding by BaFin. In addition, he may regard<br />

an appeal as a chance to avoid the negative publicity associated with the publication <strong>of</strong> the<br />

finding. As we have laid out above, research has shown that the consequences <strong>of</strong> a<br />

restatement are quite severe. Alex Muller may want to grasp the slightest chance to avoid this<br />

outcome. What might also play a role is that he confirmed the accounting treatment himself.<br />

If <strong>White</strong>’s CEO or shareholders want to see a reaction to the error finding, Mr. Muller’s job<br />

may be at stake as well.<br />

In his answer, Peter would have to raise valid points to challenge FREP’s finding. <strong>The</strong><br />

key issue <strong>of</strong> the response would revolve around whether or not the transaction was an<br />

acquisition. Peter could argue that <strong>White</strong> acquired all rights to the research performed with<br />

the upfront payment. However, as <strong>White</strong> did not acquire something that satisfied the<br />

40


definition <strong>of</strong> an intangible asset, they did not have to capitalize the payment. As a<br />

consequence, the development activities undertaken by Neurocentral, Inc. after the upfront<br />

payment had been made would have to be evaluated as a rendering <strong>of</strong> services. Thus, both the<br />

milestone payments as well as the lump-sum payment were a compensation for the services<br />

undertaken by Neurocentral. Following this argumentation, Neurocentral just developed the<br />

drug to which <strong>White</strong> already held the rights. This outsourcing would have to be evaluated<br />

similar to R&D activities undertaken by <strong>White</strong> itself. <strong>The</strong>refore, <strong>White</strong> would refer to the<br />

<strong>of</strong>ficial approval by FDA/EMA for a possible capitalization. As this approval had not yet<br />

been received, <strong>White</strong> would not recognize costs for development activities carried out by<br />

their own R&D department. <strong>The</strong> same reasoning should hold for outsourced research and<br />

development and, thus, for the payments made to Neurocentral, Inc.<br />

(5) IAS 8 sets out criteria to select and change accounting policies, rules for revising<br />

accounting estimates and for correcting errors. IAS 8 aims at enhancing relevance and<br />

reliability <strong>of</strong> financial statements and at increasing comparability <strong>of</strong> financial statements over<br />

time and between entities.<br />

IAS 8 sets out rules for changes in accounting estimates which are defined as “an<br />

adjustment <strong>of</strong> the carrying amount <strong>of</strong> an asset or a liability, or the amount <strong>of</strong> the periodic<br />

consumption <strong>of</strong> an asset, that results from the assessment <strong>of</strong> the present status <strong>of</strong>, and<br />

expected future benefits and obligations associated with, assets and liabilities” (IAS 8.5).<br />

<strong>The</strong>se changes in accounting estimates result from new information or new developments and<br />

are not to be confused with error corrections. Management carries out estimations that are<br />

based on the latest available, reliable information. At the same time, it becomes apparent that<br />

estimates <strong>of</strong>ten require revision if circumstances on which the estimates were based change.<br />

41


Thus, it is also obvious that revising an estimate does not relate to prior periods and is by<br />

nature not a correction <strong>of</strong> an error. Instead, revising an estimate is conducted prospectively.<br />

On the other hand, prior period errors are defined as “omissions from, and<br />

misstatements in, the entity’s financial statements for one or more prior periods arising from<br />

a failure to use, or misuse <strong>of</strong>, reliable information that was available when financial<br />

statements were authorized for issue and could reasonably be expected to have been obtained<br />

and taken into account in the preparation and presentation <strong>of</strong> those financial statements”<br />

(IAS 8.5). <strong>The</strong>se errors can result from mathematical mistakes, incorrect application <strong>of</strong><br />

accounting policies, oversights or misinterpretations <strong>of</strong> facts, and fraud. If financial<br />

statements include material errors or intentionally made immaterial errors, they do not<br />

comply with IFRSs. <strong>The</strong>se errors are to be corrected retrospectively in the period <strong>of</strong> their<br />

discovery. Errors are corrected by restating comparative figures for all prior periods<br />

presented that were affected by the error. If the error occurred before the earliest prior period<br />

presented, the entity is to restate the opening balances <strong>of</strong> assets, liabilities and equity for the<br />

earliest prior period presented.<br />

When applying IAS 8 to their financial statements, <strong>White</strong> should note that the<br />

retrospective correction needs to be carried out in 2009 as the financial statements for this<br />

year have not yet been issued. According to IAS 8, a retrospective correction requires the<br />

entity to restate the comparative amounts for all prior periods presented that were affected by<br />

the error or, if the error occurred before the earliest prior period presented, to restate the<br />

opening balances <strong>of</strong> all affected assets, liabilities and equity for the earliest prior period<br />

presented. <strong>The</strong> latter case applies to <strong>White</strong> Pharmaceuticals AG because the misinterpretation<br />

occurred in the year 2006 and the company is assumed to only present one prior period in<br />

their annual report. Thus, the company has to restate the opening balances <strong>of</strong> all items<br />

affected for the comparative period (2008) in their annual report for the year 2009. In <strong>White</strong>’s<br />

42


case, these requirements mean that the entity needs to increase their amount recognized as<br />

intangible assets by 55 million Euros. Also, their retained earnings should be increased by the<br />

same amount. In addition, IAS 8 requires an entity to disclose the nature <strong>of</strong> the prior period<br />

error and, for each prior period presented, the amount <strong>of</strong> the correction for each line item and<br />

the amount <strong>of</strong> the correction at the beginning <strong>of</strong> the earliest prior period presented. <strong>White</strong><br />

would have to present these disclosures in their annual report to let investors know the effect<br />

<strong>of</strong> the misinterpretation.<br />

<strong>The</strong> central decision that Peter has to make revolves around the subsequent<br />

measurement <strong>of</strong> the intangible asset. If <strong>White</strong> applies the cost model to their intangible assets,<br />

Peter needs to determine the useful life <strong>of</strong> the asset and the yearly amortization charges. If,<br />

however, <strong>White</strong> uses the revaluation model for their intangibles, Peter also needs to<br />

determine the fair value <strong>of</strong> the transdermal patch. Nevertheless, in calculating the fair value,<br />

Peter has to consider IAS 38.76, which prohibits a revaluation <strong>of</strong> intangibles that have<br />

previously not been recognized as assets. In addition to the fair value, Peter also has to<br />

calculate yearly amortization charges when using the fair value model. What’s more, Peter<br />

can also determine possible impairment losses that the transdermal patch may have been<br />

subject to. When considering the discretion potential laid out above, one has to realize that<br />

the net effect <strong>of</strong> recognizing the intangible asset three years after its acquisition may not be as<br />

severe as expected.<br />

When letting investors know, <strong>White</strong> needs to determine how much information they<br />

want to disclose. Considering the fact that the error correction was due to a misinterpretation,<br />

<strong>White</strong> may want to issue a press release covering the transaction and <strong>White</strong>’s motivation in<br />

detail. On the other hand, if a company committed something close to fraud, they probably<br />

choose a more restrictive investor communication strategy without disclosing many details on<br />

43


the transaction. Instructors who wish to cover this part more extensively may do so in class<br />

discussion. Issues to discuss include the pros and cons <strong>of</strong> disclosure “strategies”.<br />

Finally, <strong>White</strong> needs to consider the role <strong>of</strong> tax authorities when restating their<br />

financial statements. <strong>The</strong>y should note that the retrospective error correction not only affects<br />

their taxes for the year <strong>of</strong> the correction but also for every year since the capitalization. Thus,<br />

the impact <strong>of</strong> Peter’s judgment potential concerning amortization charges and possible<br />

impairment losses also affects <strong>White</strong>’s tax bill. <strong>The</strong>refore, Peter may wish to discuss these<br />

issues with <strong>White</strong>’s tax counselors to determine his discretion potential and to optimize their<br />

tax liability.<br />

REFERENCES<br />

Ball, R. 2006. International <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong> (IFRS): pros and cons for<br />

investors. Accounting & Business Research 2006 Special Issue 36: 5–27.<br />

Bennett, B., M. Bradbury, and H. Prangnell. 2006. Rules, Principles and Judgments in<br />

Accounting <strong>Standards</strong>. Abacus 42 (2): 189–204.<br />

Berger, A. 2010. <strong>The</strong> Development and Status <strong>of</strong> Enforcement in the European Union.<br />

Accounting in Europe 7 (1): 15–35.<br />

Brown, P. and A. Tarca. 2007. Achieving High Quality, Comparable <strong>Financial</strong> <strong>Reporting</strong>: A<br />

Review <strong>of</strong> Independent Enforcement Bodies in Australia and the United Kingdom.<br />

Abacus 43 (4): 438–473.<br />

Desai, H., C. E. Hogan, and M. S. Wilkins. 2006. <strong>The</strong> Reputational Penalty for Aggressive<br />

Accounting: Earnings Restatements and Management Turnover. Accounting Review<br />

81 (1): 83–112.<br />

Ernstberger, J., J.-M. Hitz, and M. Stich. 2010. Enforcement <strong>of</strong> Accounting <strong>Standards</strong> in<br />

Europe: Capital Market Based Evidence for the Two-tier Mechanism in Germany.<br />

44


Working Paper (available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=<br />

1395729).<br />

Feroz, E. H., K. Park, and V. S. Pastena. 1991. <strong>The</strong> <strong>Financial</strong> and Market Effects <strong>of</strong> the<br />

SEC’s Accounting and Auditing Enforcement Releases. Journal <strong>of</strong> Accounting<br />

Research 29 (3): 107–142.<br />

Hail, L., C. Leuz, and P. Wysocki. 2010. Global Accounting Convergence and the Potential<br />

Adoption <strong>of</strong> IFRS by the U.S. (Part I): Conceptual Underpinnings and Economic<br />

Analysis. Accounting Horizons 24 (3): 355–394.<br />

Hennes, K. M., A. J. Leone, and B. P. Miller. 2008. <strong>The</strong> Importance <strong>of</strong> Distinguishing Errors<br />

from Irregularities in Restatement Research: <strong>The</strong> <strong>Case</strong> <strong>of</strong> Restatements and CEO/CFO<br />

Turnover. Accounting Review 83 (6): 1487–1519.<br />

Zeff, S.A. 1995. A Perspective on the U.S. Public/Private-Sector Approach to the Regulation<br />

<strong>of</strong> <strong>Financial</strong> <strong>Reporting</strong>. Accounting Horizons 9 (1): 52–70.<br />

Zülch, H. and S. H<strong>of</strong>fmann. 2010. Rechtsprechung zum Rechnungslegungs-Enforcement in<br />

Deutschland – ein erster Überblick (Court Rulings Concerning Accounting<br />

Enforcement in Germany – A Preliminary Review). Deutsches Steuerrecht 2010 (18):<br />

945–950.<br />

45


HHL-Arbeitspapiere / HHL Working Papers<br />

105 Zülch, Henning; Detzen, Dominic (2010)<br />

<strong>Enforcing</strong> <strong>Financial</strong> <strong>Reporting</strong> <strong>Standards</strong>: <strong>The</strong> <strong>Case</strong> <strong>of</strong> <strong>White</strong> Pharmaceuticals AG<br />

104 Salewski, Marcus; Zülch, Henning (2010)<br />

Managerial Discretion in Accounting for Defined Benefit Obligations: An Empirical<br />

Analysis <strong>of</strong> German IFRS Statements<br />

103 Zülch, Henning; Salewski, Marcus (2010)<br />

Ermessensspielräume bei der Bilanzierung von Pensionsverpflichtungen: eine<br />

empirische Analyse deutscher IFRS-Bilanzierer<br />

102 Scherzer, Falk (2010)<br />

On the Value <strong>of</strong> Individual Athletes in Team Sports<br />

101 Wulf, Torsten; Brands, Christian; Meißner, Philip (2010)<br />

A Scenario-based Approach to Strategic Planning: Tool Description –<br />

360° Stakeholder Feedback<br />

100 Viellechner, Oliver; Wulf, Torsten (2010)<br />

Incumbent Inertia upon Disruptive Change in the Airline Industry: Causal Factors<br />

for Routine Rigidity and Top Management Moderators<br />

99 Wulf, Torsten; Meißner, Philip; Bernewitz, Friedrich Frhr. von (2010)<br />

Future Scenarios for German Photovoltaic Industry<br />

98 Wulf, Torsten; Meißner, Philip; Stubner, Stephan (2010)<br />

A Scenario-based Approach to Strategic Planning – Integrating Planning and<br />

Process Perspective <strong>of</strong> Strategy<br />

97 Wulf, Torsten; Stubner, Stephan; Blarr, W. Henning; Lindow, Corinna (2010)<br />

Erfolgreich bleiben in der Krise<br />

96 Wulf, Torsten; Stubner, Stephan (2010)<br />

Unternehmernachfolge in Familienunternehmen – Ein Untersuchungsmodell zur<br />

Analyse von Problemfeldern bei der Übergabe der Führungsrolle<br />

95 Zülch, Henning; Pronobis, Paul (2010)<br />

<strong>The</strong> Predictive Power <strong>of</strong> Comprehensive Income and Its Individual Components<br />

under IFRS<br />

94 Zülch, Henning; H<strong>of</strong>fmann, Sebastian (2010)<br />

Lobbying on Accounting Standard Setting in a Parliamentary Environment –<br />

A Qualitative Approach<br />

93 Hausladen, Iris; Porzig, Nicole; Reichert, Melanie (2010)<br />

Nachhaltige Handels- und Logistikstrukturen für die Bereitstellung regionaler<br />

Produkte: Situation und Perspektiven


92 La Mura, Pierfrancesco; Rapp, Marc Steffen; Schwetzler, Bernard; Wilms,<br />

Andreas (2009)<br />

<strong>The</strong> Certification Hypothesis <strong>of</strong> Fairness Opinions<br />

91 La Mura, Pierfrancesco (2009)<br />

Expected Utility <strong>of</strong> Final Wealth and the Rabin Anomaly<br />

90 Thürbach, Kai (2009)<br />

Fallstudie sekretaria - Vom New Economy-Internet-Startup zum<br />

Old Economy-Verlagsunternehmen<br />

89 Wulf, Torsten; Stubner, Stephan; Blarr, W. Henning (2010)<br />

Ambidexterity and the Concept <strong>of</strong> Fit in Strategic Management – Which Better<br />

Predicts Success?<br />

88 Wulf, Torsten; Stubner, Stephan; Miksche, Jutta; Roleder, Kati (2010)<br />

Performance over the CEO Lifecycle – A Differentiated Analysis <strong>of</strong> Short and<br />

Long Tenured CEOs<br />

87 Wulf, Torsten; Stubner, Stephan; Landau, Christian; Gietl, Robert (2010)<br />

Private Equity and Family Business – Can Private Equity Investors Add to the<br />

Success <strong>of</strong> Formerly Owned Family Firms?<br />

86 Wulf, Torsten; Stubner, Stephan (2008)<br />

Executive Succession and Firm Performance – the Role <strong>of</strong> Position-specific Skills<br />

85 Wulf, Torsten; Stubner, Stephan (2008)<br />

Unternehmernachfolge in Familienunternehmen – Untersuchungsmodell zur<br />

Analyse von Problemfeldern bei der Übergabe der Führungsrolle<br />

84 Wulf, Torsten; Stubner, Stephan (2008)<br />

Executive Departure Following Acquisitions in Germany – an Empirical Analysis<br />

<strong>of</strong> Its Antecedents and Consequences<br />

83 Zülch, Henning; Gebhardt, Ronny (2008)<br />

Politische Ökonomie der Rechnungslegung - Empirische Ergebnisse und kritische<br />

Würdigung des Forschungsansatzes<br />

82 Zülch, Henning; Löw, Edgar; Burghardt, Stephan (2008)<br />

Zur Bedeutung von IFRS-Abschlüssen bei der Kreditvergabe von Banken an<br />

mittelständische Unternehmen<br />

81 Suchanek, Andreas (2007)<br />

Die Relevanz der Unternehmensethik im Rahmen der Betriebswirtschaftslehre<br />

80 Kirchgeorg, Manfred; Jung, Kathrin (2007)<br />

User Behavior in Second Life: an Empirical Study Analysis and Its Implications for<br />

Marketing Practice<br />

79 Freundt, Tjark (2007)<br />

Neurobiologische Erklärungsbeiträge zur Struktur und Dynamik des<br />

Markenwissens<br />

78 Wuttke, Martina (2007)<br />

Analyse der Markteintrittsstrategien chinesischer Unternehmen in Mitteldeutschland<br />

am Beispiel von chinesischen Unternehmen im MaxicoM in Leipzig


77 La Mura, Pierfrancesco; Swiatczak, Lukasz (2007)<br />

Markovian Entanglement Networks<br />

76 Suchanek, Andreas (2007)<br />

Corporate Responsibility in der pharmazeutischen Industrie<br />

75 Möslein, Kathrin; Huff, Anne Sigismund (2006)<br />

Management Education and Research in Germany<br />

74 Kirchgeorg, Manfred; Günther, Elmar (2006)<br />

Employer Brands zur Unternehmenspr<strong>of</strong>ilierung im Personalmarkt :<br />

eine Analyse der Wahrnehmung von Unternehmensmarken auf der Grundlage<br />

einer deutschlandweiten Befragung von High Potentials<br />

73 Vilks, Arnis (2006)<br />

Logic, Game <strong>The</strong>ory, and the Real World<br />

72 La Mura, Pierfrancesco; Olschewski, Guido (2006)<br />

Non-Dictatorial Social Choice through Delegation<br />

71 Kirchgeorg, Manfred; Springer, Christiane (2006)<br />

UNIPLAN Live Trends 2006 : Steuerung des Kommunikationsmix im<br />

Kundenbeziehungszyklus ; eine branchenübergreifende Befragung von<br />

Marketingentscheidern unter besonderer Berücksichtigung der Live<br />

Communication. – 2., erw. Aufl.<br />

70 Reichwald, Ralf; Möslein, Kathrin (2005)<br />

Führung und Führungssysteme<br />

69 Suchanek, Andreas (2005)<br />

Is Pr<strong>of</strong>it Maximization the Social Responsibility <strong>of</strong> Business? Milton Friedman and<br />

Business Ethics<br />

68 La Mura, Pierfrancesco (2005)<br />

Decision <strong>The</strong>ory in the Presence <strong>of</strong> Uncertainty and Risk<br />

67 Kirchgeorg, Manfred; Springer, Christiane (2005),<br />

UNIPLAN LiveTrends 2004/2005 : Effizienz und Effektivität in der Live<br />

Communication ; eine Analyse auf Grundlage einer branchen-übergreifenden<br />

Befragung von Marketingentscheidern in Deutschland<br />

66 Kirchgeorg, Manfred; Fiedler, Lars (2004)<br />

Clustermonitoring als Kontroll- und Steuerungsinstrument für<br />

Clusterentwicklungsprozesse - empirische Analysen von Industrieclustern in<br />

Ostdeutschland<br />

65 Schwetzler, Bernhard (2004)<br />

Mittelverwendungsannahme, Bewertungsmodell und Unternehmensbewertung<br />

bei Rückstellungen<br />

64 La Mura, Pierfrancesco; Herfert, Matthias (2004)<br />

Estimation <strong>of</strong> Consumer Preferences via Ordinal Decision-<strong>The</strong>oretic Entropy<br />

63 Wriggers, Stefan (2004)<br />

Kritische Würdigung der Means-End-<strong>The</strong>orie im Rahmen einer Anwendung auf<br />

M-Commerce-Dienste


62 Kirchgeorg, Manfred (2003)<br />

Markenpolitik für Natur- und Umweltschutzorganisationen<br />

61 La Mura, Pierfrancesco (2003)<br />

Correlated Equilibria <strong>of</strong> Classical Strategic Games with Quantum Signals<br />

60 Schwetzler, Bernhard; Reimund, Carsten (2003)<br />

Conglomerate Discount and Cash Distortion: New Evidence from Germany<br />

59 Winkler, Karsten (2003)<br />

Wettbewerbsinformationssysteme: Begriff, Anforderungen, Herausforderungen<br />

58 Winkler, Karsten (2003)<br />

Getting Started with DIAsDEM Workbench 2.0: A <strong>Case</strong>-Based Tutorial<br />

57 Lindstädt, Hagen (2002)<br />

Das modifizierte Hurwicz-Kriterium für untere und obere Wahrscheinlichkeiten -<br />

ein Spezialfall des Choquet-Erwartungsnutzens<br />

56 Schwetzler, Bernhard; Piehler, Maik (2002)<br />

Unternehmensbewertung bei Wachstum, Risiko und Besteuerung –<br />

Anmerkungen zum „Steuerparadoxon“<br />

55 Althammer, Wilhelm; Dröge, Susanne (2002)<br />

International Trade and the Environment: <strong>The</strong> Real Conflicts<br />

54 Kesting, Peter (2002)<br />

Ansätze zur Erklärung des Prozesses der Formulierung von<br />

Entscheidungsproblemen<br />

53 Reimund, Carsten (2002)<br />

Internal Capital Markets, Bank Borrowing and Investment: Evidence from German<br />

Corporate Groups<br />

52 Fischer, Thomas M.; Vielmeyer, Uwe (2002)<br />

Vom Shareholder Value zum Stakeholder Value? Möglichkeiten und Grenzen der<br />

Messung von stakeholderbezogenen Wertbeiträgen<br />

51 Fischer, Thomas M.; Schmöller, Petra; Vielmeyer, Uwe (2002)<br />

Customer Options – Möglichkeiten und Grenzen der Bewertung von<br />

kundenbezogenen Erfolgspotenzialen mit Realoptionen<br />

50 Grobe, Eva (2003)<br />

Corporate Attractiveness : eine Analyse der Wahrnehmung von<br />

Unternehmensmarken aus der Sicht von High Potentials<br />

49 Kirchgeorg, Manfred; Lorbeer, Alexander (2002)<br />

Anforderungen von High Potentials an Unternehmen – eine Analyse<br />

auf der Grundlage einer bundesweiten Befragung von High Potentials und<br />

Personalentscheidern<br />

48 Kirchgeorg, Manfred; Grobe, Eva; Lorbeer, Alexander (2003)<br />

Einstellung von Talenten gegenüber Arbeitgebern und regionalen Standorten :<br />

eine Analyse auf der Grundlage einer Befragung von<br />

Talenten aus der Region Mitteldeutschland<br />

(not published)


47 Fischer, Thomas M.; Schmöller, Petra (2001)<br />

Kunden-Controlling – Management Summary einer empirischen Untersuchung in<br />

der Elektroindustrie<br />

46 Althammer, Wilhelm; Rafflenbeul, Christian (2001)<br />

Kommunale Beschäftigungspolitik: das Beispiel des Leipziger Betriebs für<br />

Beschäftigungsförderung<br />

45 Hutzschenreuter, Thomas (2001)<br />

Managementkapazitäten und Unternehmensentwicklung<br />

44 Lindstädt, Hagen (2001)<br />

On the Shape <strong>of</strong> Information Processing Functions<br />

43 Hutzschenreuter, Thomas; Wulf,Torsten (2001)<br />

Ansatzpunkte einer situativen <strong>The</strong>orie der Unternehmensentwicklung<br />

42 Lindstädt, Hagen (2001)<br />

Die Versteigerung der deutschen UMTS-Lizenzen – eine ökonomische Analyse<br />

des Bietverhaltens<br />

41 Lindstädt, Hagen (2001)<br />

Decisions <strong>of</strong> the Board<br />

40 Kesting, Peter (2001)<br />

Entscheidung und Handlung<br />

39 Kesting, Peter (2001)<br />

Was sind Handlungsmöglichkeiten? – Fundierung eines ökonomischen<br />

Grundbegriffs<br />

38 Kirchgeorg, Manfred; Kreller, Peggy (2000)<br />

Etablierung von Marken im Regionenmarketing – eine vergleichende Analyse der<br />

Regionennamen "Mitteldeutschland" und "Ruhrgebiet" auf der Grundlage einer<br />

repräsentativen Studie<br />

37 Kesting, Peter (2000)<br />

Lehren aus dem deutschen Konvergenzprozess – eine Kritik des „Eisernen<br />

Gesetzes der Konvergenz“ und seines theoretischen Fundaments<br />

36 Hutzschenreuter, Thomas; Enders, Albrecht (2000)<br />

Möglichkeiten zur Gestaltung internet-basierter Studienangebote im Markt<br />

für Managementbildung<br />

35 Schwetzler, Bernhard (2000)<br />

Der Einfluss von Wachstum, Risiko und Risikoauflösung auf den<br />

Unternehmenswert<br />

34 No longer available. <strong>The</strong>re will be no reissue.<br />

33 Löhnig, Claudia (1999)<br />

Wirtschaftliche Integration im Ostseeraum vor dem Hintergrund der<br />

Osterweiterung der Europäischen Union: eine Potentialanalyse<br />

32 Fischer, Thomas M. (1999)<br />

Die Anwendung von Balanced Scorecards in Handelsunternehmen


31 Schwetzler, Bernhard; Darijtschuk, Niklas (1999)<br />

Unternehmensbewertung, Finanzierungspolitiken und optimale Kapitalstruktur<br />

30 Meffert, Heribert (1999)<br />

Marketingwissenschaft im Wandel – Anmerkungen zur Paradigmendiskussion<br />

29 Schwetzler, Bernhard (1999)<br />

Stochastische Verknüpfung und implizite bzw. maximal zulässige<br />

Risikozuschläge bei der Unternehmensbewertung<br />

28 Fischer, Thomas M.; Decken, Tim von der (1999)<br />

Kundenpr<strong>of</strong>itabilitätsrechnung in Dienstleistungsgeschäften –<br />

Konzeption und Umsetzung am Beispiel des Car Rental Business<br />

27 Fischer, Thomas M. (2000)<br />

Economic Value Added (EVA ® ) - Informationen aus der externen<br />

Rechnungslegung zur internen Unternehmenssteuerung?<br />

(rev. edition, July 2000)<br />

26 Hungenberg, Harald; Wulf, Torsten (1999)<br />

<strong>The</strong> Transition Process in East Germany<br />

25 Vilks, Arnis (1999)<br />

Knowledge <strong>of</strong> the Game, Relative Rationality, and Backwards Induction<br />

without Counterfactuals<br />

24 Darijtschuk, Niklas (1998)<br />

Dividendenpolitik<br />

23 Kreller, Peggy (1998)<br />

Empirische Untersuchung zur Einkaufsstättenwahl von Konsumenten<br />

am Beispiel der Stadt Leipzig<br />

22 Löhnig, Claudia (1998)<br />

Industrial Production Structures and Convergence: Some Findings<br />

from European Integration<br />

21 Schwetzler, Bernhard (1998)<br />

Unternehmensbewertung unter Unsicherheit – Sicherheitsäquivalent-<br />

oder Risikozuschlagsmethode<br />

20 Fischer, Thomas M.; Schmitz, Jochen A. (1998)<br />

Kapitalmarktorientierte Steuerung von Projekten im Zielkostenmanagement<br />

19 Fischer, Thomas M.; Schmitz, Jochen A. (1998)<br />

Control Measures for Kaizen Costing - Formulation and Practical Use<br />

<strong>of</strong> the Half-Life Model<br />

18 Schwetzler, Bernhard; Ragotzky, Serge (1998)<br />

Preisfindung und Vertragsbindungen bei MBO-Privatisierungen in Sachsen<br />

17 Schwetzler, Bernhard (1998)<br />

Shareholder-Value-Konzept, Managementanreize und Stock Option Plans<br />

16 Fischer, Thomas M. (1998)<br />

Prozeßkostencontrolling – Gestaltungsoptionen in der öffentlichen<br />

Verwaltung


15 Hungenberg, Harald (1998)<br />

Kooperation und Konflikt aus Sicht der Unternehmensverfassung<br />

14 Schwetzler, Bernhard; Darijtschuk, Niklas (1998)<br />

Unternehmensbewertung mit Hilfe der DCF-Methode – eine Anmerkung<br />

zum „Zirkularitätsproblem“<br />

13 Hutzschenreuter, Thomas; Sonntag, Alexander (1998)<br />

Erklärungsansätze der Diversifikation von Unternehmen<br />

12 Fischer, Thomas M. (1997)<br />

Koordination im Qualitätsmanagement – Analyse und Evaluation im Kontext der<br />

Transaktionskostentheorie<br />

11 Schwetzler, Bernhard; Mahn, Stephan (1997)<br />

IPO´s: Optimale Preisstrategien für Emissionsbanken mit Hilfe von<br />

Anbot-Modellen<br />

10 Hungenberg, Harald; Hutzschenreuter, Thomas; Wulf, Torsten (1997)<br />

Ressourcenorientierung und Organisation<br />

9 Vilks, Arnis (1997)<br />

Knowledge <strong>of</strong> the Game, Rationality and Backwards Induction<br />

(Revised edition HHL Working Paper No. 25)<br />

8 Kesting, Peter (1997)<br />

Visionen, Revolutionen und klassische Situationen – Schumpeters<br />

<strong>The</strong>orie der wissenschaftlichen Entwicklung<br />

7 Hungenberg, Harald; Hutzschenreuter, Thomas; Wulf, Torsten (1997)<br />

Investitionsmanagement in internationalen Konzernen<br />

- Lösungsansätze vor dem Hintergrund der Agency-<strong>The</strong>orie<br />

6 Hungenberg, Harald; Hutzschenreuter, Thomas (1997)<br />

Postreform - Umgestaltung des Post- und Telekommunikationssektors in<br />

Deutschland<br />

5 Schwetzler, Bernhard (1996)<br />

Die Kapitalkosten von Rückstellungen zur Anwendung des Shareholder-<br />

Value-Konzeptes in Deutschland<br />

4 Hungenberg, Harald (1996)<br />

Strategische Allianzen im Telekommunikationsmarkt<br />

3 Vilks, Arnis (1996)<br />

Rationality <strong>of</strong> Choice and Rationality <strong>of</strong> Reasoning (rev. Edition, September 1996)<br />

2 Schwetzler, Bernhard (1996)<br />

Verluste trotz steigender Kurse? - Probleme der Performancemessung<br />

bei Zinsänderungen<br />

1 Meffert, Heribert (1996)<br />

Stand und Perspektiven des Umweltmanagement in der betriebswirtschaftlichen<br />

Forschung und Lehre


HHL – Leipzig Graduate School <strong>of</strong> Management<br />

Jahnallee 59 • Germany<br />

04109 Leipzig<br />

Tel. + 49 341 9851-60<br />

Fax + 49 341 4773243<br />

http://www.hhl.de

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