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Companies moral compasses - Some ideas for restoring faith in firms

Schumpeter

Mar 2nd 2013 |From the print edition

COMPANIES are the building blocks of the modern world. America has some 6m of

them employing 120m people and controlling $30 trillion-worth of assets.

Emerging markets are catching up: the number of Chinese companies increased by

80% in 2004-08. Globally 3m new firms are registered each year.

But are companies so good for the world? Enron and Lehman Brothers were not.

Corporate debacles have scorched the global economy: the IMF calculates that

the financial crisis produced total bank losses of $2 trillion. They have also

led to a collapse of trust in business: a recent survey of trust in the

professions found that businessmen and bankers came last, along with

politicians.

Why have so many prominent companies gone up in flames? In a new book, Firm

Commitment , Colin Mayer, of Oxford University s Sa d Business School, takes a

familiar argument that shareholders have too much power and gives it new life.

The idea that the main function of companies is to boost shareholder value

rests on a misunderstanding of the nature of the firm, he says. Companies are

not owned by shareholders in the way that ordinary goods are owned. They are

artificial persons with a distinct legal identity. Companies are not just

devices for lowering transaction costs or bundling contracts together. They are

devices for getting groups of people workers and managers as well as investors

to commit themselves to long-term goals.

The doctrine of shareholder primacy is particularly dangerous when combined

with dispersed ownership, he believes. Dispersed ownership (which often occurs

when founding families sell shares to finance growth) leads to a separation

between ownership and control. Managers exploit this separation to feather

their own nests. Owners respond by relying on two devices shareholder activism

or the market for corporate control.

Mr Mayer concedes that dispersed shareholding produces benefits. It provides

companies with liquidity, extends the role of professional managers and limits

the ability of founding families to mess things up. But he worries that the

costs are also mounting. The risk of a hostile takeover often reduces a company

s incentive to invest for the long-term. The temptation to trade firms rather

than build them can hollow out even great institutions: witness the demise of

Britain s once-mighty General Electric Company (GEC). The ease with which

traders can buy and sell shares means the fate of companies can be determined

by people with no stake in their long-term success. Roger Carr, the chairman of

Cadbury, a British food firm bought by Kraft after a bloody takeover battle,

noted that individuals controlling shares which they had owned for only a few

days or weeks determined the destiny of a company that had been built over

almost 200 years.

Can anything be done to limit the damage done by such predatory behaviour? Mr

Mayer thinks corporate social responsibility (CSR) is just hot air unless it

changes the financial incentives of people who run companies. He worries that

government regulation, at best, treats diverse organisations as if they are the

same and, at worst, does more harm than good: the Bubble Act of 1720,

introduced after the collapse of the South Sea Company, delayed the development

of the joint-stock company by over a century.

He is more sympathetic to a third option building long-termism into companies

DNA. Many continental companies such as Germany s ThyssenKrupp and Bosch are

owned or partly owned by foundations that are obliged to take a long view.

Germany saw only three hostile takeovers between 1945 and 2000. For all the

talk of the Anglo-Saxon model , America is less wedded to shareholder power

than Britain. American managers can call upon devices (such as poison pills

and staggered boards ) that make it harder for raiders to take them over. Tech

firms often issue two classes of share (voting and non-voting) so that founders

can remain in charge. Google crowed that this would make it harder for outside

parties to take over or influence Google .

Mr Mayer wants to go further and create a new class of companies trust

companies. These would be overseen by a board of trustees who would be charged

with balancing the interests of various stakeholders and ensuring that the

companies lived up to their corporate values. They would also have recourse to

different classes of shares with different degrees of power. Voting rights

might be linked not just to how many shares you own but also to how long you

have held them.

The companies we keep

Mr Mayer s proposed cure is less persuasive than his diagnosis. Trust companies

can behave as badly as shareholder-controlled ones. ThyssenKrupp, for example,

was recently fined 103m ($127.5m) by Germany s cartel office for its role in

fixing the prices of rail tracks. Mr Mayer praises the Tata Group, which is run

by a trust. Fair enough, but Tata had decades to build up its war chest behind

India s old trade barriers. He points out that great founders like Mayer Lehman

(of Lehman Brothers) infused their firms with values that also helped them

grow. Boards of trustees, being committees, are more likely to produce CSR

waffle.

Mr Mayer saves his argument by linking it to a wider plea for corporate

pluralism. He argues that different sorts of companies are good at different

things. Anglo-Saxon firms are good at making tough decisions. Continental ones

are good at making long-term investments. Partnerships are good at creating

loyal workforces. Policymakers often assume that one corporate form is best,

and discourage others. It would be better if they fostered variety, since

diverse ecosystems are much more robust.

http://Economist.com/blogs/schumpeter

From the print edition: Business