BusinessDay 17 Apr 2018
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A4 BUSINESS DAY<br />
C002D5556 Tuesday <strong>17</strong> <strong>Apr</strong>il <strong>2018</strong><br />
FT<br />
NATIONAL<br />
Deutsche Bank and VW pay price for shambolic governance<br />
Shortcomings of two-tier board structure evident at teetering German titans<br />
PATRICK JENKINS<br />
Germany’s biggest bank and<br />
its biggest carmaker are not<br />
obviously comparable. But<br />
look under the bonnet and they have<br />
a surprising amount in common. And<br />
not in a good way.<br />
Consider three obvious parallels.<br />
Both Deutsche Bank and Volkswagen<br />
have been through scandal and<br />
existential crisis in the past few years.<br />
Both have Qatari investors as leading<br />
shareholders. Then, last week, both<br />
ditched their chief executives two<br />
years earlier than expected.<br />
The circumstances of the defenestrations<br />
of John Cryan at Deutsche<br />
and Matthias Müller at VW were<br />
quite different of course. Mr Cryan<br />
had spent nearly three years successfully<br />
raising fresh capital, resolving<br />
significant legacy litigation and<br />
launching a big cost-cutting effort<br />
but he was ousted after failing to turn<br />
around performance or lift the share<br />
price. Mr Müller did a better job of<br />
reviving the stock price following the<br />
emissions rigging scandal, but an<br />
ambitious successor was standing by<br />
to push through a big restructuring<br />
of the group.<br />
Investors welcomed both new<br />
brooms. Deutsche’s stock price rose<br />
3 per cent last week after Christian<br />
Sewing was revealed as the bank’s<br />
new CEO; VW’s was up 9 per cent on<br />
the appointment of Herbert Diess.<br />
Whether that optimism is justified<br />
remains to be seen. Deutsche’s strategy<br />
— de-emphasising investment<br />
banking without a strong alternative<br />
to replace it — is unconvincing. VW’s<br />
inefficiencies have thus far proved<br />
tough to crack.<br />
The different challenges these<br />
companies face are horribly complex.<br />
But underlying their ills are flawed<br />
corporate governance systems — an<br />
important fourth parallel.<br />
UK and US move on Chinese<br />
group citing national...<br />
Continued from page A3<br />
economic tension between Washington<br />
and Beijing, which are locked in a<br />
rhetorical trade war that threatens to<br />
impose tariffs on $150bn in bilateral<br />
trade.<br />
US commerce department officials<br />
insisted the move was not related to<br />
other actions taken in recent weeks<br />
by the White House, noting ZTE’s<br />
violations were first investigated by<br />
the Obama administration. But experts<br />
said the sanctions were part of a<br />
growing anti-China backlash not only<br />
in London and Washington, but also<br />
Germany, Australia and Canada.<br />
“Things are pretty rocky right now,”<br />
said Matthew Goodman, an expert on<br />
US-Asian economic ties at the Centre<br />
for Strategic and International Studies<br />
in Washington.<br />
“The timing of this is somewhat<br />
unfortunate because it could make<br />
it seem like they are connected,”<br />
acknowledged a senior commerce<br />
department official. It also came just<br />
hours after Donald Trump resurrected<br />
an accusation Beijing was manipulating<br />
its currency.<br />
The double blow could prove devastating<br />
to ZTE, a Shenzhen-based<br />
group that was founded in 1985 as an<br />
offshoot of the aerospace ministry. It<br />
came to prominence in the 1990s as<br />
a mobile networks supplier and has<br />
grown rapidly to become one of the<br />
world’s largest equipment makers both<br />
in China and the US.<br />
The UK’s cyber security watchdog<br />
warned British telecoms operators in a<br />
forcefully written letter on Monday not<br />
to use ZTE equipment because its state<br />
ownership raises security concerns.<br />
That effectively shuts it out of billions<br />
of pounds in contracts to upgrade the<br />
UK’s telecoms infrastructure to 5G and<br />
full fibre networks.<br />
The US commerce department<br />
banned American companies from<br />
doing any business with ZTE for seven<br />
years after it charged the company<br />
with violating a 20<strong>17</strong> settlement over<br />
allegations it illegally sold equipment,<br />
including US parts on a list restricted<br />
from export, to Iran and North Korea.<br />
The move would prohibit any US<br />
company from doing business with<br />
ZTE anywhere in the world. ZTE did<br />
not respond to requests for comment.<br />
“This is literally cutting them off<br />
from any activity involving the US and<br />
any US items whether it’s a pencil or<br />
whether it’s a router,” said one former<br />
US official familiar with the case.<br />
ZTE pleaded guilty to criminal<br />
charges and paid $1.2bn to the US as<br />
part of the 20<strong>17</strong> settlement, but US<br />
officials said the company lied to the<br />
commerce department about carrying<br />
out disciplinary actions against employees<br />
involved in the scheme — in<br />
some cases even rewarding those staff<br />
with bonuses. Investigators also found<br />
ZTE lied to US authorities as part of the<br />
settlement talks going back to 2016.<br />
US president Donald Trump and Chinese president Xi Jinping in Beijing in November © AFP<br />
China caught off guard by unpredictable Trump<br />
Chinese leaders are confident they can withstand a Sino-US trade war<br />
TOM MITCHELL<br />
When Donald Trump escalated<br />
trade tension with China this<br />
month, President Xi Jinping<br />
cited a Chinese saying in vowing to defend<br />
global trade rules. “When the sky<br />
falls, big men must hold it up,” he said<br />
in private meetings, according to four<br />
people briefed on his remarks.<br />
The Chinese president and his top<br />
advisers, including vice-president<br />
Wang Qishan and vice-premier Liu<br />
He, were initially confident the US and<br />
China could bridge their differences<br />
through talks, according to people who<br />
have recently met them.<br />
“China and the US are like an old<br />
married couple, we fight a lot but we<br />
still need each other,” Lou Jiwei, a former<br />
finance minister, said in a closeddoor<br />
exchange with an international<br />
delegation in late March, according<br />
to two people briefed on the meeting.<br />
But China’s view of the US presi-<br />
A<br />
prominent Australian start-up<br />
backed by News Corp co-chairman<br />
Lachlan Murdoch has applied<br />
for a UK court injunction to prevent<br />
it being banned from Google’s app store<br />
and mobile advertising inventory.<br />
Unlockd, which develops technology<br />
that enables mobile phone users to<br />
opt in to advertisements in exchange for<br />
rewards, said on Monday that Google’s<br />
plan to ban its service was an abuse of<br />
its dominant position and a breach of<br />
competition rules.<br />
The case marks the latest challenge<br />
to Google, which has faced an intensifying<br />
backlash from app developers,<br />
shopping comparison websites, media<br />
publishers and other businesses as its<br />
influence over internet and mobile<br />
users grows.<br />
dent began to shift after Mr Trump<br />
threatened to put tariffs on another<br />
$100bn of Chinese imports. Mr Trump<br />
had already enraged Chinese officials<br />
in March by signing the Taiwan Travel<br />
Act, which urges more US exchanges<br />
with the self-ruled island that Beijing<br />
regards as Chinese territory.<br />
Beijing’s previously sanguine view<br />
of Mr Trump was partly due to the<br />
fact the US president did not use his<br />
first year in office to follow through<br />
on some of the pledges he made during<br />
the campaign about getting tough<br />
with China.<br />
While Chinese officials now realise<br />
Mr Trump meant what he said in Beijing<br />
in November — that the Sino-US<br />
trade relationship was not “fair and reciprocal”<br />
and had to be solved — they<br />
also believe they can emerge from a<br />
trade war relatively unscathed.<br />
“Trump has certainly got [China’s]<br />
attention,” said Peter Mandelson, the<br />
former EU trade commissioner who this<br />
week led a British delegation to China<br />
Unlockd seeks injunction to halt ban from app store and advertising inventory<br />
Unlockd relies heavily on the Google<br />
Play app store for downloads of its technology,<br />
which is deployed under other<br />
brand names including Tesco Mobile in<br />
the UK and Sprint in the US.<br />
Users who agree to watch ads in<br />
exchange for discounts or other rewards<br />
from Tesco Mobile or Sprint see content<br />
that the start-up has sourced from<br />
Google’s AdMob inventory.<br />
A decision to ban Unlockd from the<br />
app store and AdMob would upend the<br />
business, which said it had been forced<br />
to pull an initial public offering on the<br />
Australian Securities Exchange because<br />
of the uncertainty created by Google’s<br />
change of policy.<br />
“It is particularly striking that<br />
Google’s warnings emerged at a time<br />
of speculation around an Unlockd<br />
IPO in mid-<strong>Apr</strong>il <strong>2018</strong>,” Unlockd said.<br />
“Google’s anti-competitive conduct is<br />
that met Mr Wang. “Chinese officials<br />
are confident and sure of their direction.<br />
They don’t want a fight [with the US], but<br />
if they get one they’re going to give as<br />
good as they get.”<br />
China was surprised again on Friday<br />
after Mr Trump said he would consider<br />
re-joining the Trans-Pacific Partnership<br />
trade deal. Chinese officials had seen his<br />
move to leave the TPP, which did not<br />
include China, on day one in office as<br />
a “grand gift”.<br />
“We have our problems with Trump,”<br />
said one western diplomat in Beijing.<br />
“But he has taught us that when you<br />
push back hard against the Chinese, it<br />
knocks them off-balance.”<br />
Two senior Chinese officials told the<br />
Financial Times that the Taiwan Travel<br />
Act and Mr Trump’s additional trade<br />
threats limited Mr Xi’s room for manoeuvre<br />
in a major speech last week that had<br />
been previously billed as a blueprint for<br />
aggressive economic reforms. China’s<br />
president did not want to give the impression<br />
he was yielding to US pressure.<br />
Australian start-up accuses Google of breaching competition rules<br />
JAMIE SMYTH AND ALIYA RAM<br />
preventing Unlockd from raising capital<br />
to continue its rapid expansion and innovation,<br />
and therefore protecting Google<br />
from a growing and potential competitor.”<br />
Google’s advertising policies prohibit<br />
publishers from paying users to view<br />
ads. The company said it had engaged<br />
with Unlockd about its policies, which<br />
it argues are designed to protect the<br />
interests of advertisers, publishers and<br />
phone users.<br />
Google said: “We explained our<br />
concerns to Unlockd, outlined how<br />
they could fix the problems or use alternatives<br />
and gave them time to make<br />
changes. And despite having agreed at<br />
the outset to comply with our product<br />
policies, their app remains in infringement.”<br />
However, Unlockd has argued that<br />
Google is threatened by the idea of<br />
returning advertising revenues to users.<br />
Guggenheim under SEC<br />
investigation over<br />
mansion purchases<br />
Investment management division says<br />
it is co-operating with US regulator<br />
SUJEET INDAP AND JAMES<br />
FONTANELLA-KHAN<br />
The Securities and Exchange<br />
Commission is investigating<br />
the purchases of three California<br />
mansions as well as loans to<br />
a now-bankrupt retailer involving<br />
Guggenheim Partners, the sprawling<br />
US financial services firm.<br />
Guggenheim Partners Investment<br />
Management, the asset management<br />
division that looks over more than<br />
$300bn, is regulated by the SEC and<br />
is the subject of the inquiry by the<br />
agency’s enforcement arm.<br />
In a statement, Guggenheim<br />
Partners said: “We are cooperating<br />
fully with the SEC’s investigation of<br />
our subsidiary, Guggenheim Partners<br />
Investment Management (GPIM),<br />
and we cannot comment further.”<br />
The Wall Street Journal first reported<br />
the SEC inquiry on Sunday.<br />
The investigation is looking into<br />
the role played in the transactions by<br />
ABS Capital, a Miami-based firm with<br />
close ties to Guggenheim founder<br />
Mark Walter. As the Financial Times<br />
first reported in 20<strong>17</strong>, Mr Walter and<br />
Scott Minerd, Guggenheim’s chief investment<br />
officer and leader of GPIM,<br />
had been at odds over the management<br />
and direction of the firm. The<br />
SEC investigation could become another<br />
source of tension between the<br />
two; while the investigation focuses<br />
on Mr Minerd’s GPIM unit, the transactions<br />
targeted involve ABS Capital,<br />
the firm with ties to Mr Walter.<br />
Mr Walter and ABS had together<br />
purchased a Malibu mansion from<br />
Hollywood mogul David Geffen in<br />
20<strong>17</strong> for $85m. Separately, ABS had<br />
bought two homes in nearby Pacific<br />
Palisades, in one of which Guggenheim’s<br />
global head of institutional<br />
distribution, Alexandra Court, lived<br />
for a period.<br />
Ms Court’s dramatic restructuring<br />
of the sales team had rankled Mr<br />
Minerd and was a source of broader<br />
tension at the firm. Multiple sources<br />
told the FT that Mr Walter and Ms<br />
Court had a close personal relationship.<br />
Guggenheim has said that no<br />
non-business relationship existed<br />
between them, but if it had it would<br />
have been properly disclosed to the<br />
Guggenheim board.<br />
A person close to Guggenheim<br />
Partners said Ms Court no longer<br />
resides in the Palisades home. This<br />
person also said that GPIM had no<br />
involvement in the purchase of any of<br />
the three homes nor any relationship<br />
with ABS Capital.<br />
The SEC investigation is also<br />
interested in Guggenheim Partners’<br />
involvement in BCBG Max Azria, the<br />
women’s retailer. When BCBG filed<br />
for bankruptcy protection in early<br />
20<strong>17</strong>, GPIM lost hundreds of millions<br />
of dollars in debt and equity investments<br />
it had made in the years before<br />
the Chapter 11 filing.