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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.

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