Wednesday, October 8, 2008

On Government Intervention And Complexity

Great article by Steven M. Davidoff in the NY Times on the Wachovia deal:

"The Law of Unintended Consequences Rules the Day

The slew of legislation, regulation and government intervention is going to engender a cascade of unintended consequences. We saw the first signs of this in the Wachovia deal. The Tuesday after it was announced, the Internal Revenue Service announced that banks would be permitted to deduct on an accelerated basis losses on loans or bad debt acquired in any bank acquisition. This rule will allow Wells Fargo to take substantial tax deductions -– Wells Fargo conservatively predicts a $74 billion loss on Wachovia’s $498 billion loan portfolio. That is a big tax deduction, and no doubt this made Wells Fargo’s decision to bid easier. Incidentally, this means the Wells Fargo bid may ultimately cost the government more money than the Citi transaction, because of the lower taxes that Wells Fargo would pay.

In addition, the parties are battling over the meaning of 126(c) of the TARP bill, for Troubled Assets Relief Program, that Congress passed last week. Each side contends that this provision nullifies the other’s agreement with Wachovia. But at this point, no one definitively knows what the provision means."

My problem with this statement is the problem I had with Bob Barr calling this a non-government solution. Excuse me, but tax policies are government interventions.

Here's another quote:

"Complexity Is Death in Today’s Market

Citi went with a letter of intent because it was arranging an asset purchase. Carving out these depository institutions from Wachovia and negotiating the arrangements could not be done overnight. Hence the use of a term sheet, and perhaps in this haste the reason for the failure to put in a break-up fee. But the need to negotiate these complex documents allowed Wells Fargo to slip in and make a higher bid on a 27-page merger agreement that needed little negotiation. Speed is everything in this market and complexity unduly delays things."

I agree with this, which is why I favored the Swedish Plan and not TARP.

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