Please don’t miss Andrew Keen’s outstanding and dead-on-point op-ed in The Hill: “Internet Freedoms and Internet Radicals.

Mr. Keen brilliantly proves how radical and out of the mainstream FreePress’ and Public Knowledge’s views are in calling for radical, preemptive, and draconian regulation of competitive broadband companies that have long supported, and operate under, the high-consensus voluntary principles of net neutrality.

FreePress has one trick, demonization. Like anything else that is overused, abused, and not true — it loses credibility and only reflects badly on those practicing it.

 

Google generated probably the strongest annual revenue growth, 17%, of any large U.S. company this past quarter.

  • Given that Google is exceptionally non-transparent, the minimal guidance and insight that Google is required to provide as a public company always provides a rare glimpse into what is really going on at Google.

What are the big takeaways from the earnings call?

First, Googleopoly continues to gobble revenue market share at a voracious rate because we know Google’s revenues are up 17%, and Google’s only significant competitors, Yahoo and Microsoft are continuing to lose ground, (as Yahoo is expected to report a revenue decrease on Tuesday so its search revenues can be assumed to badly lag Google’s 17%, and Microsoft Bing’s modest search share gains are not keeping up with Google’s torrid search growth in a weak economy.)

Second, Googleopoly continues to show strong evidence of its dominant market power in pricing as its revenue growth of 17% is outpacing its paid click growth of 13% — by roughly 30%. There is no stronger evidence of monopoly power than pricing power and Google clearly has pricing power aplenty.

  • Google is very good about keeping its pricing power hidden from public view by letting no relevant market information escape Google’s “Black Box” auction process.

Third, Google’s CEO Eric Schmidt reaffirmed that Google is on an acquisition spree with some “big” buys coming — and with almost $25B in cash and roughly $10B in annual free cash flow — Google can afford to buy most whatever it wants.

  • The big point that most everyone is missing here is that, as a DOJ detemined monopoly, Google’s grand acquisition ambition strategy inevitably puts Google on a collision course with the DOJ and the FTC.
  • Remember the FTC is investigating the Google-AdMob acquisition and I believe it is likely to block it. See Googleopoly V for the detailed case.

Fourth, Google is boasting that display will be the “next huge business” for Google. This is significant as this is the core strength of Google’s main search advertising competitor, Yahoo, which is expected to have down revenues this quarter. Why? Because Google is leveraging its search advertising monopoly to gobble display share from Yahoo as well.

  • What this reminds us of, is that the FTC blew its investigation of the Google-DoubleClick acquisition in approving it 4-1. The detailed case I made in my Senate Antitrust Subcommittee testimony at the time was that allowing Google to buy DoubleClick would tip Google to monopoly because it would give Google the hundreds of top global advertisers that Google did not have and allow Google to reach the 25% of the Internet audience that they did not yet reach.
  • Less than a year after the FTC saw no potential competition problems with the DoubleClick acquisition, the DOJ had to intervene and block Google’s attempt to cartelize the search advertising business in its ad agreement with… the display ad leader Yahoo. The FTC clearly failed to “connect the dots” between search and display in its Google-DoubleClick review.
  • Hopefully, the FTC will learn from its DoubleClick misjudgement and its initial lack of appreciation for Google’s growing monopoly power, and will seriously investigate and block Google’s proposed AdMob acquisition and Google’s attempt to buy dominance in mobile advertising.
  • All this also suggests that the DOJ is very likely to approve the proposed Microsoft-Yahoo search agreement in order to try and muster a competitive alternative to Googleopoly.

Lastly, the Google call sent mixed signals on Google’s plans in China. A couple of weeks ago Google told the world and the human rights community that Google “had decided” it was not going to censor search results anymore. Now on an earnings call with investors, a very different audience with very different priorities, Google CEO Eric Schmidt appeared to back pedal on whether Google would follow through on its world-announced vow to no longer censor search results for China.

  • The “open” question is whether Google is potentially flip-flopping on its China policy, or whether Google is just telling a different audience what they want to hear.

 

 To discern the real “root” causes of the financial crisis of 2008, one must probe beneath the surface and examine the health of the “root system” of our capital markets “forest.” The roots of the capital markets forest are sound economics; the natural market function of automatically equilibrating supply and demand and risk and reward, that is commonly appreciated as Adam’s Smith’s “invisible hand.” We generally assume that the natural market strength of the capital market forest’s root system ensures that all the trees are not in danger of being blown over in the crisis of a storm.

 

In the fall of 2008, we all were shocked to learn that the root system of our capital markets, that we had always assumed was healthy and strong, was actually frighteningly weak and brittle requiring the slapdash reinforcement of multi-trillion dollar emergency scaffolding of whatever material was close at hand, a TARP, bailout lifelines, capital sandbags, etc. — to buttress the main market “trees” from toppling over, trees that the Government judged to big to be allowed to fall.

 

With the financial storm clouds apparently passed for now, many are becoming complacent, because the old adage is true — out of sight out of mind. Moreover, everyone desperately wants and needs to be able to assume that the essential root system that they cannot see is fine and nothing to worry about. That’s because if people knew the root system was weak with root rot, systemic uneconomics, they would have less confidence in the capital markets forest or the fledgling economic recovery.

 

So many are myopically focusing on structurally preventing the trees from falling down, largely by packing tens of billions of dollars of additional capital “soil” around the base of the trees to try and reinforce them. More capital “soil” to reinforce the trees makes good sense. However, it totally covers up the most important point — that the capital markets forest must have a healthy root system so that the market’s trees can stand by themselves long-term. If the health of the root system is not restored with sound economics, it won’t be able to withstand future storms/crises that will surely come, if the future is anything like the past three decades.

 

Unfortunately, we also know that another old adage is true: what we don’t know can hurt us.

 

The real problem is neither the market nor economics, but the irresponsible proliferation of inherently uneconomic financial instruments that undermine the ability of natural market economics to function. It is common sense that if enough inherently uneconomic activity is introduced, condoned, and allowed to spread broadly and deeply into the public capital markets system, public markets deteriorate from being systemically economic to being systemically uneconomic; in other words the systemically dysfunctional mess we witnessed in the dismal fall of 2008.  

 

More specifically, the root system rot of uneconomics comes from introducing a variety of inherently uneconomic derivative financial instruments into the public capital markets system, that inherently undermine, weaken and destabilize the market’s (or invisible hand’s) natural ability to equilibrate: supply and demand; risk and reward; the borrower and lender relationship; the balance between short and long term horizons; and the economic equation between risk and insurance.

 

Let me be crystal clear, financial derivatives themselves are not the problem because derivatives can be economic and have many legitimate and valuable benefits. As I explained in Part II of this series, “Systemic Risk Laundering,” the problem is an unaccountable, out-of-control derivative system where derivatives are all assumed to be systemically benign and allowed to destroy the underlying public asset they are derived from. Central to accountability is the fundamental question: is a particular derivative financial instrument economic or uneconomic when integrated into the overall capital market system? In other words, are particular derivative instruments constructive or destructive to the core economic linkage of: supply and demand? Risk and reward? Borrower and lender? Short term and long term? Risk and insurance? To carry the root metaphor deeper, do the particular derivative instruments impede, block, or distort the root system’s natural ability to absorb and benefit from the water and nutrients in the soil?

 

So what are the uneconomic derivative financial instruments that create systemic risk and systemic uneconomic dysfunction?

 

First, employee stock options (in stark contrast to actual employee stock grants) are inherently uneconomic because they pervasively disconnect risk from reward and supply from demand. Stock options are the market equivalent of something for nothing, an opportunity to gain with no offsetting opportunity to lose. Stock options, unlike stock grants or the buying or selling of stock, are one-way upside potential with no potential downside risk. The tech bubble taught us that too much personal financial opportunity divorced from any personal financial risk encourages unwarranted risk taking with other peoples’ money. Typical of the system, not enough was done after the tech bubble to address the inherent uneconomic nature of stock options, so they continue to rot away the market’s natural strength to this day.  

 

Second, indexing financial instruments are inherently uneconomic because pervasive indexing is inherently destabilizing, anti-capital formation, speculative, and hyper-stressing of the financial system, as I described in Part I of this series: “Indexing into the Ditch.” Indexing naturally impedes the market’s ability to reach equilibrium by exacerbating market volatility because it artificially creates a massive one-sided economic market. It generates substantial supply with no offsetting demand in a down market; and it generates substantial demand with no offsetting supply in an up market. Indexing fosters a market momentum dynamic which means a dominant segment of the market does not care about economics: price, fundamentals or time horizon — at all. Therefore prices can never be too high or too low for an indexer because economics have absolutely nothing to do with indexing.  

 

Third, off-exchange derivatives often are destructively uneconomic, because like indexing, they can subordinate the first purpose of an underlying publicly-traded asset by advantaging the second purpose of the derivative ahead of the first purpose of the publicly traded asset — the quintessential tail wagging the dog. Credit default swap derivative instruments were dangerously uneconomic in that they perverted the essential equilibrium of borrower and lender and the concept that insurance is only economically viable for quantifiable risk. New experiments with “life settlements” derivatives assuredly will end badly because they mix the economic concept of insurance for highly-quantifiable risk with markets with inherently unquantifiable risks, rewarding speculative arbitrage, manipulation and fraud.

 

Almost by definition, the second purposes of derivative instruments are different from the first purpose financial instruments, and that difference can either be benign and productive or uneconomic and destructive. Returning to the root system metaphor, many derivatives are akin to introducing untested synthetic bacteria or virus into the capital market’s forest ecosystem. The current near-total lack of accountability for many off-exchange derivatives means that anyone can dump in the capital market forest whatever they can convince or trick someone into buying.  

 

Finally, computer-automated program trading, or more simply algorithmic trading, is rapidly becoming the market norm because it offers efficiencies, mostly centered on substantially lowering transaction and management costs, which can contribute to better net performance. However, the much under-appreciated problem here is the inherent uneconomic “short-termism” effect of pervasive algorithmic trading in capital markets. The obsession, trend, and technology arms race to achieve ever faster, more complex, and more comprehensive automated trading is tautologically short-term focused. This is essentially devolving into a counter-productive race where artificial intelligence portfolio management arbitrages new information faster and faster (now measured in milliseconds and soon in nanoseconds), rather than compete for long-term investment returns — the universal goal of most investors, pensioners, and companies that are supposedly the true customers of the public capital markets system.

 

I call this pervasive and corrosive technological dynamic “algorithmia.” At core, algorithmia is a technological downward spiral to achieve a relative mili-second edge and is all about extremely short-term arbitrage, often less than a day. The flood of investable resources into immediate-term algorithmia only exacerbates the distortion and destabilization for the rest of the market that is trying to investment optimize for various long-term investment horizons that investors, pensioners and companies need.

 

Why algorithmia is profoundly uneconomic is that it powerfully disconnects the market’s natural function of reaching equilibrium by matching buyers and sellers via different investment horizons. If most liquid investable resources are inherently immediate-term focused, even if they are masquerading as having a longer term investment horizon, the long-term capital market purposes of capital formation, economic growth and investment simply cannot function economically. Algorithmia is not about investing at all, but about constant arbitrage within and between asset classes. In the virtual mathematical world of algorithmia, what happens in the real world that’s not readily quantifiable, other than infrequently reported official numbers, is largely irrelevant.  

 

Like indexing, algorithmia is inherently a momentum dynamic too, because what drives all of these algorithms is the same basic official input data. Once the market adjusts to new information the algorithmic task then shifts to see how the next piece of information will change the relative arbitrage equation competition based on what just happened, so this process is inherently sequential and cumulative, and hence momentum driven, not driven by economic fundamentals.

 

The 2008 Financial Crisis was a perfect and ominous example of the perils of algorithm-dominated markets. Algorithmia becomes a problem for the market when something happens that the programmers did not anticipate. Much of the market froze in fear in the fall of 2008 precisely because the established momentum of the market broke so unpredictably that many of the programs could not function as designed. In other words they worked when everything went according to plan, but they could be disastrous if and when the market behaved in an unanticipated or uneconomic way.

 

The scariest part of algorithmia is that almost by definition oversight and regulators will be lagging and reactive. Algorithmia also only increases the knowledge and sophistication gap between industry practitioners and regulators. Common sense suggests that, at a minimum, there needs to be an accountability system where all the algorithmic decisions and changes are at least subject to audit and re-creation by law enforcement, because without that deterrence and accountability, algorithmia, like off-exchange derivatives, will become a safe haven for speculators, market manipulators and fraudsters.

 

In sum, a primary root cause of the Financial Crisis of 2008 was systemic uneconomics: the ever-increasing accumulation of trillions of dollars of inherently uneconomic derivative financial instruments rotting out the root system of the capital markets forest. No amount of surface reinforcement or capital soil piled on the top of the big trees in the capital markets forest will enable the trees to stand on their own during the next big storm if their root systems continue to rot away from systemic uneconomics.

 

The best way to avert another financial crisis is stop the root rot in the capital markets forest. The best way to do that is to apply an “Accountability Framework Checklist” (like the one recommended below) to discern which derivative financial instruments and algorithmic practices are inherently economic and productive and which are inherently uneconomic and destructive. If the overall economic purposes of capital markets are capital formation, economic growth and investment, all the roots of the capital markets system need to be based on sound economics and not arbitrage, manipulation and fraud.

 

*****

Note: Don’t miss Part I & II of this research series:

  • Systemic Risk Laundering — Financial Crisis Root Causes — Part II” Click here.
  •  Indexing into the Ditch – Financial Crisis Root Causes – Part I” Click here.

***

Scott Cleland is President of Precursor LLC, an industry research and consulting firm, and was the Founding Chairman of the Investorside Research Association. Click here for Cleland’s Biography.

 

***

Systemic Risk Prevention Framework & Derivative Accountability Checklist

(Same Recommended Framework as in Part II of the series)

 

All of the thousands of new derivative financial instruments and systemic practices that have emerged over the last decade since the CFMA created a safe harbor from accountability need to be audited and evaluated for unaccountable systemic risk, fraud and uneconomics.

 

  1. What asset, instrument, or market is the derivative dependent or predicated upon?
  2. Does the derivative’s second purpose conflict with, or undermine, the first purposes/value of the underlying public asset, instrument, or market that the derivative is derived from?
  3. How is the derivative interconnected with other assets, instruments, markets or counterparties? And to what extent is that interconnectedness reasonably transparent and known by all the affected parties?
  4. What are the side effects, externalities, and long-term/cumulative effects of the derivative?
  5. Does the derivative enhance or detract from the underlying asset, instrument, or market?
  6. Does the derivative undermine or break any linkage/relationship/balance between:
    1. Supply and demand?
    2. Risk and reward?
    3. Borrower and lender?
    4. Short and long term?
    5. Risk and insurance?
  7. As the derivative scales in usage could it foster systemic:
    1. Market momentum?
    2. Market speculation?
    3. Misrepresentation?
    4. Front running?
    5. Destabilization?
  8. Is the derivative’s effect prone to undermining or discouraging capital formation?
  9. Is the derivative’s effect prone to undermining market efficiency in reaching price equilibrium?
  10. How could the derivative be susceptible to fraud or manipulation?
  11. Does the derivative transfer risk transparently and with fair representation?
  12. Does the derivative have independent research coverage?
  13. How is the derivative accountable and to what/whom?
  14. What are the accountability measures, (audit, internal controls, etc.) for the derivatives algorithms or quant models?
  15. What independent third party audits and creates accountability for ensuring integrity of the algorithms and computer code that undergird these virtual derivative exchanges/systems?

 

In a brief but very important WSJ story, Google abandons any pretense that it is a neutral search engine/advertiser. See the WSJ piece: “Google advertises its China position with search ads.”

  • The story is worth re-reading a few times, because it becomes more disturbing the more one realizes all the implications of it.
The story reports that Google is doing something new in taking the top Sponsored Link ad position for itself in searches like “Google and China.”
What this tells us, is Google, the search advertising monopoly per the DOJ, not only claims the top search result for itself for many searches in areas that Google owns content, like GoogleMaps, and Youtube, but now it also lays claim to the most valuable top advertising position as well to promote Google’s public policy agenda. (If Google is willing to promote its China policy, why would it not promote its chosen political candidates? or its public policy positions of a variety of social issues targeted to users intentions/profiles that only Google happens to know?)

Google’s behavior here belies its repeated representations that Google is a neutral search engine and runs neutral ad auctions. This should seriously concern the DOJ and FTC antitrust authorities, which are both investigating if Google is anti-competitively leveraging its monopoly position to dominate new markets that it enters.

  • From Google’s corporate page:
    • “Advertising on Google is always clearly identified as a “Sponsored Link,” so it does not compromise the integrity of our search results. We never manipulate rankings to put our partners higher in our search results and no one can buy better PageRank. Our users trust our objectivity and no short-term gain could ever justify breaching that trust.”

If Google was sincere about running a neutral search engine and neutral ad auctions, as a monopoly provider of search advertising, Google would not routinely put Google-owned content at the top of its search results and would not compete with their advertiser customers for the most prime advertising space that Google offers.

  • This is problematic because it is quintessential monopoly self-dealing and is highly anti-competitive behavior for a monopoly.

The WSJ article said: “It is fairly common for Google to buy search ads to plug its products like Google Maps and the mobile phone it designed, the Nexus One.”

  • Let’s expose the deception here.
  • Google does not “buy” keywords in its auction, it “takes” the keywords that it wants because as the “house” that runs the auction, any money that Google would allege that it “bid” in the auction is “funny money” because it is just a hidden internal accounting transfer with no real money involved. No one can outbid the “house.”
    • What Google is telling us is that if they want the top advertising space, they can take it anytime they want and there is no recourse for competitors that are willing to pay real cash for the placement.

The statement of the Google spokeswoman quoted in the article was also deceptive: “Like hundreds of thousands of other businesses, we believe in the value of search marketing to connect with web users.”

  • It is preposterous for Google, the lone search advertising monopoly in the free world, to claim it is no different than the hundreds of thousands of businesses that must bid hopelessly against Google the monopoly, if Google chooses to take keywords for its own use.

Google has abandoned any pretense that it is neutral in its actions and business practices, even though it continues to represent itself as “neutral” to the public in its official statements and PR.

Simply, Google has a monopoly search engine/advertising platform that it allows others to use when Google does not assert its ownership right to the top search results and the top advertising position.

  • Google is always first among un-equals.
  • And everyone is free to compete for whatever business Google does not want for itself.

 

While I generally disagree with ZDNet’s open source columnist, Dana Blankenhorn’s views, I regularly follow what he writes and respect his analysis and clarity of thought.

Given all the talk of Google’s many antitrust issues and Google’s own denials that it is a monopoly, Mr. Blankenhorn’s candor as a Google ally, was refreshing in his piece: “Open source and the Google Cloud:”

  • “Google has achieved such economies of scale in delivering transactions and storage that competing with them over the long run looks foolish.”
  • “Unless you have a breakthrough that can balance out those cost disadvantages you’re really at their mercy. If Google decides to “embrace and extend” its cloud dominance into software and services you’re going to lose.”
  • “It’s Google’s world, in other words. Open source just lives in it.”
    • If Google decides to “embrace and extend” its cloud dominance into software and services you’re going to lose.”

Mr. Blankenhorn is on the mark in his analysis. Google’s domination of search advertising has afforded it the cybrastructure scale and scope that no one can compete with and that can easily be repurposed to enter into and dominate any digital information or digital distribution business — almost at will.

Why so many are concerned about Google and antitrust is because of what Mr. Blankenhorn candidly asserts:

“The DOJ (book settlement) and the FTC (Google -Admob) are formally looking into Google’s attempted extension of their market power into books and mobile advertising.”

Mr. Blankenhorn is putting cloud computing on the DOJ and FTC’s antitrust radar screen too.

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