Tag Archives: markets

A Fiduciary Rule

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The Obama Labor Department, under the suzerainty of Tom Perez who is now the Progressive-Democratic National Committee Chairman, enacted a rule that allowed individuals to hale into court principals of employer or union retirement plans for the crime of charging commissions for their actions.  The rule also redefined “investment advice fiduciaries” to include broker-dealers and financial-insurance agents whose activities are limited to selling financial products.

The 5th Circuit struck the rule as illegal.  That’s good news for all of us.

However.

The Trump Labor Department has said it won’t enforce the rule and is working with the SEC on a new one….

The first part of that is good (and to be expected, since it’s unsavory to enforce an illegal rule).  However, with respect to the second part, it would be better if the Labor Department just sat down and shut up on this. This matter has nothing to do with Labor or with labor.

The PRC and Intellectual Property Theft

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In the absence of any serious legal protections against intellectual property theft in the People’s Republic of China, businesses operating there are engaging more and more in sweeping conference rooms there for bugs and equipping personnel with sanitary burner phones for use while in the PRC.

That’s a start for those willing to put their proprietary information at risk through a business venture inside the PRC or with a PRC-based business anywhere, but it’s inadequate by itself, as illustrated by this bit of naivete by the linked-to piece’s author:

Mr Trump wants China to unwind policies that require auto makers, cloud service providers and others to share technology with Chinese partners for the right to operate here. …for example, operate in 50-50 joint ventures with Chinese partners.
Those technology transfers, however, are distinct from the outright theft some companies say they face.

The distinction is little different from the distinction between extortion and robbery.  President Donald Trump needs to take concrete action to encourage the PRC to eliminate those policies.

Where national security information would be at risk, CFIUS needs to get more active.

Congress needs to take complementary action: perhaps barring companies from sharing their proprietary information, perhaps requiring companies wanting to do business with PRC-based companies or within the PRC to retain a controlling share of any partnership, perhaps other steps, also.

An Unintended Consequence

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The health coverage plan providers, companies like Humana, Aetna, Anthem, et al., are gaming the Medicare system to keep their Medicare bonuses coming in.  Surprise.

It seems that when Obamacare was passed, it included a system of paying bonuses from Medicare to those plan providers that got sufficiently high ratings on the quality of their plans.

But wait….

Medicare ranks privately managed plans…on a five-star quality scale and provides financial bonuses to providers of top-ranked plans. [A plan-holder’s] plan was set to be downgraded, which would have cost Humana its bonus. So the company merged plans covering [the plan-holder] and more than a million others into different contracts with higher scores. That preserved the bonuses.

That’s called cross-walking, and it’s entirely legal, if maybe a tad shady.

This is the sort of thing that happens, though, when Government intrudes itself too far into a marketplace.  Private enterprise is more agile than government bureaucracies can ever hope to be, and they can move much faster than any government bureaucracy can hope to do.

It’s also why black markets flourish in centrally planned economies.

The existence of this ability to cross-walk is a function of our Federal government’s intervention in what should be a free, competitive market.  The question wouldn’t even exist if we had an actual health insurance industry that operated free of Government fetters in an actual freely competitive market.

Biofuel Mandates

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The Wall Street Journal had a piece titled Biofuel Mandates Are a Bad Idea Whose Time May Be Up that centered on the possibility that these might get watered down, or even eliminated, sometime “soon.”

The Renewable Fuel Standard, which forces oil refiners to mix corn-based fuel into gasoline, is one of history’s great policy boondoggles.

Well, NSS.  The only things it’s done of practical consequence have been to serve as a backdoor subsidy for farmers and to drive up the cost of corn, corn substitutes, and food that eats corn.  And to drive up the cost of gasoline and to create ethanol fuel-related automobile engine maintenance costs.

But that’s the problem with Government mandates in general when they’re intended to create a market for a particular product.

As a mandate, the time for this one on biofuels never was.

The Russian Attitude Toward Rule of Law

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And the value of any contract with Russia.  These are demonstrated by Russian behavior regarding Russian natural gas flowing through Ukraine to western Europe.

Having won an arbitration dispute with Russian-controlled Gazprom over natural gas shipments to Ukraine, Gazprom and the Kremlin decided not to honor the ruling or the commitment:

Russia is tearing up its contracts to supply Ukraine with natural gas, sparking another stand-off between Moscow and Kiev and raising fears of new gas supply shortages across Europe during the winter.

In response,

European Commission Vice President Maros Sefcovic warned Friday that the situation raised “concerns not only for the direct supply of natural gas to Ukraine but possibly also for the transit of gas to the EU.”

Maybe he also should think about the wisdom of supporting the Russian pipeline across the Baltic Sea to Europe. Flows in that pipe will be just as fragile and vulnerable as the flows through the trans-Ukraine pipe. Russia is just setting up an additional weapon to use against the EU with it.