Kamis, 27 November 2008

Holiday sales begin before turkey grows cold

Thanksgiving Day may mean leisurely time with family for many Americans, but some U.S. stores were set to open to shoppers on the holiday itself, hoping to salvage what could be a disastrous holiday sales season.

The traditional start to holiday shopping begins on Friday and runs through year's end, with the lion's share of sales occurring up to Christmas Day on December 25.

Known as "Black Friday", the day after Thanksgiving used to allow some stores to turn their profit, or move into the black, for the year.

But in 2008, U.S. retailers fear that a contracting economy and mounting job losses could cost them billions of dollars during their most crucial season of the year when they can make up to 40 percent of annual sales. Some are staying open on Thursday in hopes of capturing as much business as possible.

"Consumer spending on gifts for the holiday season is going to be down considerably," said Eric Anderson, professor of marketing at the Kellogg School of Management, Northwestern University. "Black Friday will be the first indicator of how bad it's going to be."

Experts predict this could be the worst sales season since the early 1990s as Americans hit hard by a housing slump and credit crunch make do with fewer gifts.

Based on analyst forecasts, retail sales at stores open at least a year could fall 2.2 percent for the entire month of November compared with a 4 percent rise a year ago, according to Thomson Reuters data.

Excluding expectations for growth at discounter Wal-Mart Stores Inc, one of the few companies that may prosper this season, the decline is a more precipitous 6.6 percent.

At stake is the ability for many retailers, from department stores like Macy's to specialty chains such as AnnTaylor Stores, to keep their loyal customers and eke out a profit as rivals cut prices up to 40 and 50 percent.

With times this grim, some are willing to sacrifice more profit rather than risk losing clients for good.

"It's the retailers in the middle who are trying to avoid losing customers," said Anderson. "Macy's is worried about customers who have never spent a lot of money at Wal-Mart trying out Wal-Mart and liking it."

Some consumers said they are putting a different emphasis on celebrating the holidays, focusing on time spent with family and friends rather than purchasing the latest hot toy or gadget. They may even choose to craft presents by hand or swap goods gathering dust in the attic to save money.

Others have the option of buying goods at firesale prices, after long-standing U.S. chains like Circuit City and Mervyns declared bankruptcy ahead of the holiday.

EARLY BIRDS

To drum up enthusiasm, many stores started offering steep discounts on everything from clothes to electronics weeks in advance.

Several chains are launching special promotions online and staffing stores on Thanksgiving Day itself, well before the traditional roast turkey meal has had time to grow cold.

Kmart, owned by Sears Holdings, was to open its doors early on Thursday, along with movie rental chain Blockbuster, which is touting electronics gifts like Blu-ray players and game consoles this year. Toy stalwart FAO Schwarz was also due to open.

Stores from Wal-Mart to electronics retailer Best Buy to Macy's planned to open before dawn on Friday.

One silver lining could be that penny-pinching shoppers held off buying until the Thanksgiving weekend, preferring to spend what cash they have only when better deals begin to appear. That could also explain some of the sharp decline in sales for most of November leading up to Black Friday.

Nearly 45 percent of consumers plan to shop during the Black Friday weekend, according to a survey released this week by the International Council of Shopping Centers.

More than 80 percent of those shoppers expect to stop at a discount store, while 78 percent said they would head to a department store.


Stocks Are Higher in Europe and Asia

PARIS — Stocks rose Thursday in Europe and Asia, following Wall Street’s lead and a deep cut in Chinese interest rates.

Indian stock markets were closed after a terrorist attack Wednesday in Mumbai left more than 100 people dead, and it was not immediately known when trading would resume.

In morning trading, the Dow Jones Euro Stoxx 50 index, a barometer of euro zone blue chips, rose 2.4 percent, while the FTSE 100 index in London gained 2.1 percent. The CAC 40 in Paris was up 2.6 percent, and the DAX in Frankfurt rose 2.5 percent.

“There is fresh risk-taking, but not enough to sustain a rally,” Adrian Pankiw, a strategist at Henderson Global Investors in London, said. “Everyone’s just waiting to close the books and getting ready for next year.”

“They’re doing everything they can to avoid deflation,” he said, referring to the trillions of dollars in financial bailouts and economic stimulus measures governments have announced in the last few months. “We’ve seen from the case of Japan that the cost of deflation is much higher than the cost of the measures they’re taking now. Japan is still paying for it.”

UBS rose 4.1 percent. Peter Kurer, the UBS chairman, told shareholders Thursday that 2009 would be a profitable year for the Swiss bank.

Trading in Woolworths was suspended in London. The 99-year-old British retailer appointed administrators to seek a buyer for its more than 900 stores. October data from the United States underlined the dismal economic picture. Consumer spending dropped a full percentage point, the biggest decline since 2001, while durable goods orders fell 6.2 percent, and sales of new homes declined 5.3 percent.

U.S. markets were closed Thursday for the Thanksgiving Day holiday, but futures traded on the Standard & Poor’s 500 index fell about 0.2 percent. On Wednesday, the index rose 3.5 percent in New York. Despite the rally, bond yields plunged to record lows, as prices were lifted by the Federal Reserve’s plan to buy mortgage securities.

The benchmark U.S. 10-year note closed Wednesday trading at a yield of 2.978 percent. Mr. Pankiw noted that, with the exception of Germany, most European government bonds were also trading near record lows. Part of the story, he said, is that after years of consumer “dissaving,” savings rates are beginning to rise, even as net pay falls.

The Chinese central bank’s move Wednesday to cut its main interest rate by 1.08 percentage point gave Asian stock markets a lift, with the Shanghai Stock Exchange composite index gaining 1.1 percent. Malcolm Wood, Head of Asia Pacific Strategy at Morgan Stanley in Hong Kong, said the move was an “extraordinarily aggressive policy action in the face of extraordinarily bad news,” but that this — and a flurry of measures around the world in the past two months — was grounds for optimism in the global effort to shore up the real economy.

The Tokyo benchmark Nikkei 225 stock average gained nearly 2 percent, while the Hang Seng index in Hong Kong rose 1.4 percent. The S&P/ASX 200 index in Sydney rose 1.4 percent.

U.S. crude oil futures for January delivery fell $1.68 to $52.76 a barrel in electronic trading on the New York Mercantile Exchange.

The dollar declined against other major currencies. The euro rose to $1.2915 from $1.2880 late Wednesday in New York, while the British pound rose to $1.5388 from $1.5326. The dollar slipped to 95.08 yen from 95.67 and fell to 1.1982 Swiss francs from 1.2037 francs.

Nokia to Cease Sales In Japan

Nokia, the world's biggest cellphone maker, said on Thursday it will stop selling mobile phones in Japan except for its luxury Vertu brand after struggling to expand its presence.

Finnish Nokia has previously said it will cut costs 'decisively', expecting global mobile phone sales to shrink next year amid an economic downturn.

Japan is the world's fourth largest mobile phone market after the United States, China and India. But it makes up only a tiny part of sales at Nokia, whose products have failed to lure customers away from more sophisticated Japanese ones.

Mobile phone companies also see limited scope for growth in Japan, where 109 million subscribers, or some 85 percent of the population, already own a mobile phone. In addition, a new sales model based on higher handset prices is expected to slash annual mobile phone sales in Japan by some 20 percent.

"In the current global economic climate, we have concluded that the continuation of our investment in Japan-specific localized products is no longer sustainable," Nokia executive vice president Timo Ihamuotila said in a statement.

He added that Nokia's Japanese business would concentrate on research, development and sourcing for the global market as well as specific projects such as the Vertu brand.

The quirks of Japan's mobile phone market have prevented foreign companies, including Nokia's rivals such as Samsung Electronics and LG, from successfully targeting Japanese consumers.

Most of the mobile phones used in Japan are part of third-generation networks and boast features such as TV broadcasting and electronic payment functions.

This makes it tough for foreign manufacturers to compete with domestic handsets.

Foreign companies, excluding Sony Ericsson, only occupy around 5 percent of Japan's cellphone market, according to IDC Japan, a research firm. Japanese manufacturers, in turn, have only a small presence outside their home market.

"Nokia is facing global earnings problems and many other issues, and this shows Japan was a low-priority market at a time when they are shoring up global operations, even though it may still be attractive," IDC Japan analyst Michito Kimura said.

"I'm not very surprised by the decision."

The move was still rather abrupt as NTT DoCoMo Inc, Japan's biggest mobile phone operator, said just this month that it would sell a new Nokia smartphone as part of its product line-up for the winter shopping season.

Third-ranked Japanese operator Softbank Corp also sells Nokia phones.

Nokia, which has a nearly 40 percent global market share, had originally said it aimed to increase its market share in Japan to a double-digit figure. It took only around 0.3 percent of the Japanese market last business year, according to the Nikkei newspaper.

Instead of a broad expansion, it will now focus on Vertu, its luxury unit.

The Yomiuri newspaper reported on Saturday that Nokia plans to launch mobile phone services for Vertu customers in Japan, using DoCoMo's network.

Vertu, founded in 1998, sells gem-encrusted, hand-built mobile phones with prices ranging from 3,500 euros to over 100,000 euros.

(Additional reporting by Tarmo Virki in Helsinki; Editing by Sophie Hardach)

HK Index Rises on China's Rate Cut

Hong Kong's benchmark stock index advanced for a third straight session Thursday, boosted by China's biggest interest rate cut in 11 years to spur economic growth.

The blue chip Hang Seng index rose 182.61 points, or 1.4 percent, to 13,552.06.

The gains came after China slashed a key interest rate by 1.08 percentage point -- its biggest cut since 1997 and the fourth in three months -- after markets closed on Wednesday.

Analysts said China's aggressive move helped improve sentiment, but investors still remained cautious about the global economic outlook.

''Although it looks like sentiments are better, there are still concerns about negative news or any asset liquidation of financial institutions,'' said Castor Pang, an analyst at Sun Hung Kai Financial.

Mainland Chinese property stocks soared on the country's rate cut. Guangzhou R&F Properties Co., Ltd. jumped 12.2 percent to 4.14 Hong Kong dollars. China Overseas Land and Investment also gained 7.6 percent to HK$9.79 and China Res Land was 5.3 percent higher at HK$9.30.

Chinese financial stocks also moved higher with China Construction Bank adding 2.4 percent to HK$4.20. Major Chinese lender ICBC also rose 1.6 percent to HK$3.82.

Index heavyweight HSBC was 0.8 percent higher at HK$81.65.

World Stocks Hit 2 - Week Highs

Global stocks rose to their highest level in nearly two weeks on Thursday with European equities buoyed by sharp gains in Asia and the United States, dampening demand for safer assetssuch as government debt.

Renewed expectations that Washington will bail out the U.S. motor industry and China's aggressive interest rate cut on Wednesday helped to lift some of the gloom surrounding the global economy.

But a string of dismal U.S. economic reports this week left the dollar on a shaky footing while political risk emerged after attacks in India's financial capital.

At least 101 people have been killed with hundreds more trapped by Islamist gunmen in Mumbai after attacks on luxury hotels, hospitals and a tourist cafe.

Still, with U.S. financial markets closed on Thursday for the Thanksgiving holiday, analysts expect trading in Europe to be lackluster. While stocks were eking out gains, analysts said the outlook was still bleak.

"It's going to be a bit of a nothing day, as we wait for Black Friday in the United States -- the day where all retailers go from red to black," said Justin Urquhart Stewart, investment director at Seven Investment Management. "If it goes like the UK, it could be a black Friday in the wrong sense."

The day after Thanksgiving, known as black Friday, is traditionally the busiest time for U.S. retailers and investors would undoubtedly be on the lookout for retail sales figures.

MSCI world equity index climbed 1.1 percent to 218.20, having earlier reached a peak of 218.33 -- a level last seen in November 14.

The FTSEurofirst 300 index of top European shares gained 2.4 percent, Britain's FTSE 100 index put on 2 percent and Germany's DAX climbed 2.6 percent.

Bank stocks were among the best performers, with Standard Chartered rising 11 percent and Societe Generale gaining more than 5 percent. Earlier, Japan's Nikkei rose 2 percent, while MSCI's measure of other Asian stock markets climbed 2.2 percent.

Meanwhile, the dollar eased against a basket of major currencies with the dollar index slipping 0.3 percent.

"The greenback for long the beneficiary of safe haven flows has over the past couple of days been forced on the defensive as poor economic news weighed on the market," said Mitul Kotecha Head of Global Foreign Exchange Strategy at Calyon.

"Yesterday's data releases added to these woes, showing a huge drop in durable goods orders, a decline in personal spending, a weak Chicago PMI and another big increase in initial jobless claims. The latter points to a USD unfriendly non-farm payroll report next Friday."

BOND YIELDS UP

European government bond yields crept up as stocks gained ground, snapping recent declines that mirrored steep falls in U.S. Treasury yields.

On Wednesday, the U.S. benchmark 10-year yield hit a 50-year low below 3.0 percent after a flood of bleak U.S. economic reports spurred demand for safer government debt.

The 10-year euro zone government bond yield rose 1.7 basis points to 3.296 percent, off a near three-year low of 3.272 percent set on Wednesday.

Meanwhile, U.S. crude oil fell more than $1 toward $53 a barrel, reversing some of the 7 percent gains a day earlier as investors fretted about falling demand.

Recent data showed U.S. crude stocks rose sharply last week and U.S. September demand fell to its lowest level for any month in more than a decade.

Gold traded at $812.45 an ounce, near a six-week high of $830.10 set on Tuesday.

(Additional reporting by Sitaraman Shankar; editing by David Stamp)

Thai Economy Braces for Blow Amid Airport Shutdown

Thailand's already faltering economy is bracing for a fresh blow as the shutdown of the country's main airport by protesters entered its third day, stranding thousands during the tourist high season, disrupting exports and spooking investors.

Tourism losses alone in the remainder of this year could run to 150 billion baht ($4.2 billion), equal to 1.5 percent of gross domestic product, with ''devastating repercussions'' for the economy, CIMB economist Kasem Prunratanamala said Thursday.

Other vital pillars of the economy are also being hit, with exports of fresh produce and electronic components hurt as dozens of airlines cancel flights, and foreign investors pulling funds from a stock market already stricken by the global financial turmoil.

''If this crisis goes further, we will lose much more,'' said Thai Chamber of Commerce President Pramon Sutheewong.

''The confidence in Thai exporters is deteriorating, foreign importers are in doubt about our ability in deliver products on time and there is a high tendency that they will divert their orders to some place else,'' Pramon said. ''That's what we are concerned about the most.''

Beyond deterring tourists, the airport shutdown also halts exports of perishable produce such as fruit and vegetables and shipments of electronics components to places like Japan, said Federation of Thai Industries Chairman Santi Vilassakdanont.

''After one, two or three days there will be a production problem for electronics makers because their stockpiles of unsent goods will become too high,'' he said.

Losses on outbound shipments of car parts, fresh fruit and vegetables, live fish and orchids could run 2 billion to 3 billion baht a day ($57 million to $85 million), said Tanit Sorat, the federation's vice chairman.

All flights in and out of Bangkok's Suvarnabhumi were canceled after protesters took over terminals Tuesday in an attempt to unseat Prime Minister Somchai Wongsawat's government, which they claim is a puppet for ousted premier Thaksin Shinawatra. It was the latest escalation in a sometimes violent four-month campaign by protesters to bring down the government.

On Wednesday night, protesters overran a second smaller airport that mainly serves domestic routes, cutting off all commercial flights to the capital of Southeast Asia's second-biggest economy -- an important manufacturing hub for automakers like Toyota Motor Corp. and General Motors Corp.

Thailand's economy is already in a fragile state, growing at 4 percent in the third quarter -- the slowest pace in more than three years -- because of the political unrest and the global financial crisis. Some economists say growth next year will slump to about 2.5 percent from the 4.5 percent expected for this year -- a forecast that doesn't factor in the latest woes.

Tourism, a vital industry that makes up 6 percent of the economy, will take the main hit from the airport shutdown.

CIMB's Kasem Prunratanamala said about half of 4 million tourists expected between now and the end of the year could cancel their trips, with spillover affects outside tourism such as lower spending at shopping malls and other retailers. The effects will linger into 2009, he said.

Up to 20 percent of the 1 million employed directly and indirectly by tourism could lose their jobs, said Tourism Council of Thailand boss Kongkrit Hiranyakit.

Tourism Minister Weerasak Kowsurat said airport closures not only drain the coffers of airports and airlines but deprive the country of 80,000 free-spending tourist each day and, most troubling, tarnish the country's image as safe place to travel.

''If we can't solve this problem soon enough, the memory of people in general about traveling in Thailand will be heavily damaged,'' Weerasak said.

Neighboring countries have voiced concern that Thailand may not be able to host the annual ASEAN summit for 10 southeast Asian nations, scheduled to take place Dec. 15-18 in the northern city of Chiang Mai. Thailand insisted Thursday that the meeting will go ahead as planned.

Jittery foreign investors pulled a net 1.5 billion baht from the market on Wednesday, the second highest selling by foreigners this month, adding to the 150 billion baht that they have withdrawn from the market this year. On Thursday, Thailand's benchmark stock index sank 1.4 percent -- even as most other Asian markets advanced.

''It's a nightmare scenario. I can't tell clients to buy Thai shares if they can't even get into the country,'' said Andrew Yates, vice president of foreign institutional sales at Asia Plus Securities in Bangkok. ''It seems like it's easier to get into North Korea than it is to Thailand.''

China Downturn Deepens

China warned on Thursday its economic downturn was deepening with the spread of the global financial crisis and a senior European policymaker said woes could extend beyond 2009.

In India, emerging Asia's other economic titan, financial markets were closed after Islamist militants killed more than 100 people in the commercial capital Mumbai.

Violence in India and political unrest in Thailand highlighted political risk as an extra potential threat to emerging markets battered by the global crisis.

"These awful events are reinforcing the nervousness about emerging markets, which have been weak any way for some time after the U.S. slowdown and the domino effect," said Justin Urquhart Stewart, investment director at Seven Investment Management in London.

The economic warnings from China's top planner came a day after its central bank cut interest rates by the biggest margin in 11 years in response to the worst global downturn in decades.

A crisis that began last year with the collapse of the U.S. housing market has spread around the world, bringing several financial institutions to their knees and pushing the United States, Japan and Europe into recession or to the brink of it.

China's State Information Centre, a government think-tank, forecast annual growth would slow to 8 percent this quarter from 9 percent in the third quarter, a rapid cooling from double-digit rates recorded in the past five years.

"The global financial crisis has not bottomed out yet. The impact is spreading globally and deepening in China. Some domestic economic indicators point to an accelerated slowdown in November," Zhang Ping, chairman of the National Development and Reform Commission, told a news conference.

With factories closing by the thousands, Chinese officials have grown increasingly concerned in recent weeks that slowing growth may threaten the stability that the ruling Communist party craves for its 1.3 billion people.

Slowing demand for Chinese exports in the West is curbing growth and there is no relief in sight.

The euro zone is likely to be in recession next year, European Union Economic and Monetary Affairs Commissioner Joaquin Almunia said, reversing a forecast of slight growth made earlier this month.

Almunia would not give a specific forecast for 2009, but said next year may not mark the end of the euro zone's troubles. "The crisis may not end in 2009," he said.

Emphasizing the bleak outlook, the euro zone's business climate indicator fell to its lowest in more than 15 years in November, European Commission data showed.

BANKING WOES

Aggressive interest rate cuts and trillions of dollars in financial sector bailouts and stimulus packages have been the order of the day since the collapse of Lehman Brothers in September, followed by a lending freeze and the spread of financial pain to consumers and businesses.

The world's banking system is still not strong enough to support the economy and avoid a recession, the head of Britain's financial regulator told an Italian newspaper in an interview.

Adair Turner, chairman of Britain's Financial Services Authority, added that the two key issues were bank capital strength and liquidity.

Japan's Norinchukin Bank said it would raise more than $10.5 billion to shore up its capital, the largest fundraising by a Japanese financial firm since the start of the global credit crisis.

Norinchukin, the unlisted central bank for Japan's agricultural and fishery cooperatives, said it plans to raise more than 1 trillion yen ($10.5 billion) through its associated cooperatives by the end of March.

COMPANIES SUFFER

Battered global stocks rose to their highest level in nearly two weeks with European equities buoyed by sharp gains in Asia and the United States, dampening demand for safer assets such as government debt.

European government bond yields crept up as stocks gained ground, ending recent declines that mirrored steep falls in U.S. Treasury yields.

On Wednesday, the U.S. benchmark 10-year yield hit a 50-year low below 3.0 percent after a flood of bleak U.S. economic reports spurred demand for government debt. U.S. markets were closed on Thursday for the Thanksgiving Day holiday.

Despite the share price rises, there was little good news from companies.

Top global miner BHP Billiton cited a drop in China's demand for iron ore when it painted a gloomy outlook for its business and defended its decision to drop a $66 billion bid for rival Rio Tinto.

ArcelorMittal, the world's largest steelmaker, said it was likely to start short-time working and cut production at its German steel plants in December.

Two of Britain's most high profile retailers DSG and Kingfisher underlined the severity of the economic slowdown with downbeat results and gloomy outlooks, while variety story group Woolworths went into administration.

Britain's retailers face a brutal downturn in consumer spending, amid sliding house prices and rising unemployment.

China Shares Slightly Higher, Rate-Cut Rally Fades

China shares surrendered most of an early rally to close slightly higher Thursday as continued worries about the slowing economy overshadowed the country's biggest interest rate cut in 11 years.

The benchmark Shanghai Composite Index closed up 1.1 percent, or 19.98 points, at 1917.86 after rising as much as 6.6 percent. The Shenzhen Composite Index for China's smaller second market rose 1.7 percent to close at 544.1.

Elsewhere in Asia, markets rose on China's rate cut late Wednesday. Japan's benchmark Nikkei 225 jumped 2 percent, Hong Kong's Hang Seng Index was up 1.2 percent and Korea's KOSPI Composite Index added 3.3 percent.

China slashed the interest on a one-year bank loan by 1.08 percentage points to spur private borrowing and support a multibillion-dollar government package to boost slowing economic growth. Investors had been expecting a cut and markets fell Monday when it failed to materialize over the weekend.

''The interest rate cut already was factored into investors' expectations, although the cut was bigger than expected,'' said Zhang Gang, an analyst for Central China Securities.

More rate cuts and other stimulus moves are expected because ''the worst time for the economy has not arrived yet,'' Zhang said.

Real estate, construction and steel stocks gained on expectations that the rate cut might boost housing sales.

China Vanke Ltd., the country's biggest developer, jumped 3.1 percent to 7.01 yuan and Cofco Property Group added 3.5 percent to 6.17 yuan.

Baoshan Iron & Steel Ltd., the country's biggest steel producer, posted a 2.2 percent gain to 5.13 yuan, and Xinjiang Ba Yi Iron & Steel Ltd., surged by the daily limit of 10 percent to 6.29 yuan.

Tangshan Jidong Cement Ltd. soared by the daily limit to 9.65 yuan, Fujian Cement Inc. rose 5.5 percent to 4.41 yuan and Hebei Taihang Cement Ltd. added 2.2 percent to 6 yuan.

Major banks were flat on expectations that the rate cut might squeeze their profits.

China Southern Airlines and China Eastern Airlines were suspended from trading while they announced financing moves. Southern Airlines said it will get 3 billion yuan ($440 million) from the government to help the carrier through a financial crisis. China Eastern said it was seeking similar help.

In currency dealings, China's yuan was traded at 6.8289 to the U.S.dollar in over-the-counter trading around 0800 GMT, down slightly from the close of 6.8282 in the previous session.

Food Prices Expected to Keep Going Up

For more than a year, food manufacturers have been shaving package sizes and raising prices, declaring that they had little choice because of unprecedented increases in the cost of raw ingredients like corn, soybeans and wheat.

Now, with the price of grains and other commodities plunging, it may seem logical that grocery prices will follow. But while prices for some items like milk and fresh produce are dropping, those of most packaged items and meat are holding firm or even increasing. Experts warn that consumers should not expect lower prices anytime soon on most items at the grocery store or in restaurants.

Government and industry economists project that the overall cost of food will continue to climb in 2009, led by increases for meat and poultry. A big reason, they say, is that food companies still have not caught up with the prolonged run-up in commodity prices, which remain above historical averages despite coming down from their highs early this year.

The Agriculture Department is forecasting that food prices will increase 3.5 to 4.5 percent in 2009, compared with an estimated 5 to 6 percent increase by the end of this year.

Some economists project even steeper increases next year. For instance, Bill Lapp, principal at Advanced Economic Solutions in Omaha, said he expected food prices to jump 7 to 9 percent next year.

“For the last 21 months, food manufacturers, restaurants and livestock producers have been absorbing significant costs that in my view are likely to be passed on to consumers in 2009 and beyond,” said Mr. Lapp, a former chief economist at ConAgra Foods.

While predicting future food prices is an inexact science, data released by the Labor Department last week suggested the forecasters might be right.

Overall consumer prices recorded the biggest drop in the history of the Consumer Price Index, but food prices continued to inch upward, albeit at a slower pace than in previous months. The C.P.I. showed that grocery prices rose 0.1 percent in October.

Some of the more visible items on grocery shelves, including produce and dairy products, dropped sharply in recent weeks, but not enough to offset the general trend of rising prices. Restaurant prices rose 0.5 percent in October.

Commodity prices began climbing rapidly in the fall of 2007, and food companies were hit hard by the increases. They tried to slow eroding profit margins by cutting operating costs, making packages smaller and raising prices.

Some companies, like Kellogg and Heinz, have managed to offset the higher ingredient costs and post robust profits by using shrewd commodity hedges and by raising prices without losing many customers. They also benefited from a trend of consumers eating out less and buying more groceries.

But other food companies have struggled. Hershey, for instance, locked in high cocoa prices this year only to see prices drop this fall, analysts say. And meat and poultry companies have been hit by higher feed costs and a limited ability to charge higher prices, at least in the short term.

Now, even though costs for ingredients like corn and wheat have dropped, meat and poultry providers say they still have not raised prices enough to cover their increased costs. And packaged food manufacturers are unlikely to lower prices because commodity costs remain relatively high and they are still trying to rebuild eroded margins.

Michael Mitchell, a spokesman for Kraft Foods, said that the company’s food ingredient costs this year were running $2 billion higher than in 2007, a 13 percent increase, but that the company had raised its overall prices by only 7 percent.

William P. Roenigk, senior vice president and chief economist for the National Chicken Council, said his industry had been losing money for more than a year. Chicken producers are now trying to recover those costs by reducing production, which will eventually alter the balance between supply and demand. “The time is coming when we’re going to see a very significant increase in the retail price of chicken,” he said.

The restaurant industry, which has been battered by a sharp drop in customers, also says it has not been able to raise prices enough to keep pace with the cost of ingredients.

People in the restaurant business said they did not like raising prices during an economic downturn. “If anything in this environment, one would be looking at the ability to offer much greater emphasis on value pricing in restaurant menus,” said Hudson Riehle, chief economist of the National Restaurant Association. “In contrast, exactly the opposite is happening. Our operators are being forced to raise menu prices at the highest rate since 1990.”
Predictions about food prices are subject to change because commodity prices are unpredictable. Ephraim Leibtag, an economist for the Agriculture Department, said food inflation would slow by the middle of next year if commodity prices remained low. “Right now the forecast is about 4 percent, but that would be lowered if we do not see any surge in commodity costs over the next few months,” he said.

A reason that overall food prices are expected to continue increasing is the lag between price increases for basic commodities and for finished food products in the grocery store, particularly for meat and processed foods. Consider the price of corn, an ingredient in things like cereal and breaded shrimp. It was not too long ago that corn hovered around $2 or $3 a bushel.

But corn prices began climbing last fall and peaked around $8 a bushel in June. They have since dropped to about $3.50 a bushel, still above the historical norm. Some food manufacturers locked in prices for corn and other commodities in the spring and summer, fearing that prices could go even higher. But prices fell instead, and they are now stuck with the higher prices until their contracts expire.

When costs go up for livestock producers, they are often unable to immediately raise prices because those prices are set on the open market, which is dictated by supply and demand. Instead, they begin reducing the size of their herds or flocks, which eventually leads to less meat on the market and higher prices. But reducing livestock production can take months to years, and in the interim it can actually suppress prices as breeding animals are slaughtered to reduce production.

The prospect of more food inflation is inflaming a debate over its causes. Many food manufacturers and economists maintain that one culprit is government policies promoting the use of ethanol fuel made from corn.

About a third of the corn crop is used for ethanol, putting ethanol producers in competition with livestock farmers and food manufacturers. The result, they contend, is that prices for corn are now higher and more volatile.

“The connection of oil prices to agricultural commodities is new as of 2007, and it’s a major game changer for those in the food production business,” said Thomas E. Elam, president of FarmEcon, a consulting firm.

But ethanol advocates counter that the food industry’s arguments have been proved false, saying that corn prices have declined as ethanol production is increasing. Matt Hartwig, spokesman for the Renewable Fuels Association, an ethanol industry group, said food companies were “very quick to tell the American public that they had to raise food prices because corn was so expensive, and that the reason corn was so expensive was corn-based ethanol.”

Mr. Hartwig added: “Now, clearly, we know that relationship doesn’t exist. If ethanol isn’t the reason, what is the real reason for food prices going up?”

Senin, 06 Oktober 2008

Wachovia presses Wells Fargo deal

Wachovia Corp., at the center of a fight between Wells Fargo & Co. and Citigroup Inc. over who will buy the beleaguered bank, is moving ahead with its deal to sell itself to Wells Fargo - while questions arise about the damaging effects that prolonged litigation might have on Wachovia.

Wachovia yesterday filed a lawsuit asking a federal judge in Manhattan to allow the Wells Fargo deal to go through.

Late Saturday, New York State Supreme Court Justice Charles Ramos had issued an order blocking the sale of Wachovia, which Wells Fargo had agreed to purchase in its entirety in a $14.8 billion deal.

Citigroup had already agreed to buy Wachovia’s banking operations for $2.1 billion.

Wells Fargo: Wachovia Deal To Move Ahead

"We are pleased that the unfounded order entered (Saturday) has been vacated," Wells Fargo said in a statement late Sunday. "Wells Fargo will continue working toward the completion of its firm, binding merger agreement with Wachovia."

On Saturday, Justice Charles Ramos of New York State's Supreme Court temporarily blocked Wells Fargo's planned purchase of the Charlotte, N.C.-based Wachovia.

Early last week, Citigroup announced it would acquire Wachovia's banking operations for $2.16 billion. Citigroup's deal needed the help of the Federal Deposit Insurance Corp., which had agreed to assume most of the risk of Wachovia's loan portfolio.

But on Friday, Wells Fargo announced it would purchase all of Wachovia in a stock-for-stock deal totaling $15.1 billion, or $7 a share. The deal requires no federal assistance.

Meanwhile, the Wall Street Journal reports Federal Reserve officials were pushing for Citigroup and Wells Fargo to reach a compromise. The effort could result in carving up Wachovia between its two suitors, the Journal reports, citing people familiar with the situation.

Under a plan being discussed Sunday night, Citigroup and Wells Fargo would divide Wachovia's network of 3,346 branches along geographic lines, with Citigroup getting Wachovia's branches in the Northeast and mid-Atlantic regions and Wells Fargo taking those in the Southeast and California. Wells Fargo also would take over Wachovia's asset-management and brokerage units, the Journal reports.

The plans being discussed Sunday night don't involve either Citigroup or Wells Fargo receiving financial assistance from the U.S. government, according to the Journal.

The talks ended late Sunday with no resolution, but were expected to resume Monday morning.

Bailout Fallout

LOS ANGELES If there were any doubts about whether the tremors from Wall Street would spread uptown to Madison Avenue, the events of last week dispelled them.

Banking failures and buyouts involving Washington Mutual and Wachovia sparked wildly volatile developments involving five ad agencies and nearly $300 million in combined ad expenditures.

Last Monday, JPMorgan Chase stopped an old-fashioned run on Washington Mutual with a takeover. Almost immediately, the reskinning of the latter's Web site began (branches are to follow with new signage), signaling the beginning of the end of a WaMu rebranding effort began just months ago by Omnicom Group's TBWA\Chiat\Day, Playa del Rey, Calif., the bank's agency of scarcely a year.

TBWA\C\D faces the prospect of losing the entire account practically overnight. The business, worth $135 million, per Nielsen Monitor-Plus, would presumably be picked up by Chase's lead agency, independent mcgarrybowen in New York.

TBWA\C\D and WaMu executives declined comment. It was not clear if the agency is owed money for ads it already created or, if so, how much. Omnicom Media Group handles media for the client.

["With] WaMu and Wachovia, no amount of due diligence would have protected you," said Mike Sheldon, president of Interpublic Group's Deutsch/LA in Marina del Rey, Calif. "How can an ad agency outsmart people who do this for a living?"

The week also left the immediate future of WaMu's creative in question. By Wednesday night, a WaMu print ad appeared with the headline, "We love Chase. And not just because they have a trillion dollars." According to a source, mcgarrybowen crafted the ad using the template of TBWA\C\D's campaign.

Chase declined to address speculation that mcgarrybowen might inherit the business. Working with mcgarrybowen and other agencies, JPMorgan Chase spent $355 million on advertising in 2007, per Nielsen Monitor-Plus.

Bidding for Wachovia, meanwhile, came less than one business day after a team led by WPP Group's Ogilvy & Mather, New York, had won a protracted review for its $145 million ad business. The uncertainty about the future of that account was compounded by the interest of not one but two suitors: Citigroup and Wells Fargo.

Citi approached Charlotte, N.C.-based Wachovia first. But by Friday, Wells Fargo said that it, not Citi, would buy the bank, with no government help. However, with its position reportedly backed by the FDIC, Citi threatened a lawsuit against Wachovia and also mulled a higher offer to purchase it.

Ogilvy, meanwhile, was left in limbo. Sources estimated its pitch might have cost the agency more than $250,000. The agency declined to comment.

The Wells Fargo offer did nothing to improve Ogilvy's chances of keeping the business. In fact, Wells might be less committed than Citi to allowing the Wachovia brand to remain intact. As part of its initial approach, Citi suggested in a call to investors that the Wachovia brand might survive in some form because several Wachovia divisions were not part of the deal and because Wachovia's branches outnumber Citi's three to one. By contrast, Wells Fargo said it would buy all of Wachovia divisions.
The agency assignment will depend upon the outcome. If some divisions retain the Wachovia name -- such as Wachovia Securities, which has also advertised substantially in the past -- the business could conceivably be split between Ogilvy and Citi's agency, Publicis USA. But sources indicated that even if Ogilvy were offered a consolation prize, it might not wish to become conflicted in the financial category for a smaller slice of pie.

If Wells Fargo's offer prevails, its agency, Omnicom's DDB L.A. in Venice, Calif., not Publicis, could be handed the new banking entity's account. "[The agency assignment] is undetermined at this point," said Mary Beth Navarro, a Wachovia rep.

Executives at Publicis declined to comment.

The "What's in a name?" question is becoming more and more pertinent following such financial-brand consolidations. One source wondered if Merrill Lynch would even return as Merrill Lynch after its acquisition by Bank of America goes through. "At first you'd think they'd be crazy to kill that brand name," said the source. "But what if the name no longer inspires investor confidence?"

If Wells Fargo prevails for Wachovia, DDB will live by a sword it has died by in the past. Former subprime lender Ameriquest spent $310 million at its peak in 2003 as DDB was taking it "from 8-by-10 envelope direct-mail pieces to two Super Bowls," recalled Mark Monteiro, the shop's chief creative officer. "When the end comes, you just have to man up and deal with it," said Monteiro.

DDB president Nick Bishop would only say: "We are very excited about Wells Fargo's continued strength and stability, given all the uncertainty in the financial markets."

Outright losses to agencies, rather than account shifts, started to rack up with the subprime mortgage meltdown. Countrywide, for example, built its ad spending from $10 million in 2003 to $400 million in 2007 before it was suddenly absorbed by BofA. AIG, which spent $150 million on ads in 2007, bought 21st Century Insurance, robbing $25-30 million from shops like IPG's Sedgwick Rd., before AIG itself became embroiled in the liquidity crisis, threatening the future of M&C Saatchi, New York, on that account.

"I've never seen so much loss of faith in financial institutions," said Russel Wohlwerth, principal at consultancy Ark Advisors in Playa del Rey. But he sees a positive side, too: fewer reviews. "I don't think we're going to see CEOs worrying about changing agencies to get a new campaign," he said.

Court Temporarily Halts Citigroup Exclusivity Agreement With Wachovia

A North Carolina court issued a temporary restraining order Sunday preventing Citigroup Inc. from enforcing an "exclusivity agreement" it signed with Wachovia as part of a $2.1 billion deal to buy the Charlotte, N.C. bank.

One of the plaintiffs in the case was Leslie "Bud" Baker, Wachovia's former chief executive officer. A North Carolina Superior Court, in issuing the order, said "there is significant evidence that Citigroup has taken and continues to take actions designed to cause the seizure or collapse of Wachovia."

Wachovia shareholders "will be irreparably harmed" without immediate action from the court, said the judge presiding in the case.

Following the announcement of the Wells Fargo-Wachovia combination last Friday, "Citigroup has taken steps apparently designed to cause the Wachovia/Wells Fargo merger to fail."

Fed Pushes to Resolve Wachovia Deal Dispute

In a sign that the federal government is worried about the volatile battle for Wachovia Corp., officials from the Federal Reserve were pushing for Citigroup Inc. and Wells Fargo & Co. to reach a compromise. The effort could result in carving up the Charlotte, N.C., bank between its two suitors, people familiar with the situation said.

Under the leading plan being discussed Sunday night, Citigroup and Wells Fargo would divvy up Wachovia's network of 3,346 branches along geographic lines, with Citigroup getting Wachovia's branches in the Northeast and mid-Atlantic regions and Wells Fargo taking those in the Southeast and California, according to people familiar with the talks. Wells Fargo would also take over Wachovia's asset-management and brokerage units.

Unlike Citigroup's original agreement to take over Wachovia's banking assets, in which the Federal Deposit Insurance Corp. agreed to shoulder potentially hundreds of billions of dollars in toxic loans, the plans being discussed Sunday night don't entail either buyer receiving financial assistance from the U.S. government, according to people briefed on the talks.

The talks ended late Sunday night with no resolution, but were expected to resume Monday morning, according to a person familiar with the matter.

The fact that Citigroup and Wells Fargo are duking it out for Wachovia, which was seen as in perilous condition barely a week ago, ought to be an encouraging sign for the shaky U.S. banking industry. But the second straight weekend of frantic negotiations also highlights how vulnerable the industry is to panicky customers and how the government is increasingly playing a significant role in the fate of major financial institutions.

Even as negotiations to split up Wachovia were proceeding, lawyers for Wachovia and Citigroup were sparring in court over the validity of an "exclusivity agreement" Wachovia had signed when it agreed to sell its banking business to Citigroup for $2.1 billion. A New York state appeals court Sunday night reversed a lower-court ruling from the day before that had extended the expiration of that agreement to Friday from Monday.

Citigroup, which contends Wachovia reneged on the binding deal, said it would appeal the decision that reversed the lower court's ruling.

But the legal back-and-forth didn't appear to derail the discussions about splitting up Wachovia, said people familiar with the matter. Regulators and bankers are scrambling to quickly end the drama in part out of concern that if Wachovia remains in limbo when U.S. markets open Monday morning, it could further spook already jittery investors and bank customers.

Regulators seemed to be focusing their powers of persuasion on Citigroup and Wells Fargo, going so far as to often exclude Wachovia from the weekend talks even though Wachovia shareholders would presumably need to bless a sale.

The weekend negotiations were being led by senior Federal Reserve officials. The Treasury Department was also involved, but Secretary Henry Paulson recused himself from the talks because of his ties to Wachovia Chief Executive Robert Steel, a former top Treasury official before taking Wachovia's helm in July, according to a person familiar with the matter.

Without some sort of compromise, the fate of Wachovia could drag out for weeks or months in a legal battle that leaves the battered bank in limbo, distracted by controversy and further weakened by the mountain of bad loans that led to its government-engineered deal with Citigroup a week ago.

After agreeing in principle to a shotgun marriage early last Monday morning, Citigroup and Wachovia spent the next several days trying to hammer out the specifics of the deal, which called for Wachovia shareholders to receive just $1 a share for most of the company.

On Wednesday, New York-based Citigroup offered to boost the amount it was paying to buy most of Wachovia, and that proposal remains on the table, according to people familiar with the matter. The terms of that revamped proposal weren't clear and were delivered before Wells Fargo's surprise offer on Thursday night.

People close to Wachovia confirmed that Citigroup made a newer offer and that it did go before the board. But these people said the offer was still "many dollars" lower than Wells Fargo's bid, that it was not for the whole company, and that Citigroup wanted Wachovia to reassume certain liabilities.

Also, a person close to Wachovia said as late as Thursday that Citigroup was still trying to renegotiate terms that had been agreed to verbally by the banks' two chief executives, Citigroup's Vikram Pandit and Wachovia's Mr. Steel, including the ultimate location of the retail-banking operations, severance and certain benefits.

Illustrating the competing interests at play, a sworn affidavit filed this weekend in federal court by Mr. Steel paints a picture in which the eighth-largest U.S. bank in stock-market value is caught between two takeover bids while facing pressure from the FDIC to sell itself. The affidavit suggests that Wachovia has come within inches of failing at least twice during the past week.

The affidavit also suggests that the FDIC has pushed Mr. Steel toward the Wells Fargo deal, as the government would be taken off the hook for any future losses. The FDIC declined to comment on the affidavit.

Mr. Steel's 57-page filing says that the Sept. 25 failure of Washington Mutual Inc. and the uncertainty about the bailout legislation "resulted in significant downward pressure in the market on the price of Wachovia stock."

The next day, Wachovia and Citigroup entered into their "exclusivity agreement" about a possible acquisition. Wells Fargo and Wachovia entered into a similar agreement the same day.

On Saturday night, Citigroup persuaded a New York state trial-court judge to extend the exclusivity agreement signed by Wachovia and Citigroup until Friday, according to Wachovia lawyer David Boies. Lawyers for Citigroup visited the judge, Charles Ramos, at his beach home in Cornwall, Conn., without anyone from Wachovia initially present, according to people familiar with the matter. Toward the end of the meeting, Wachovia's general counsel was allowed to dial in by phone.

Wachovia and Wells Fargo sought to overturn Judge Ramos's ruling. On Sunday, the company went to state appellate court to try to get the order overruled. Wachovia questioned the manner in which Judge Ramos issued the Saturday-night restraining order. A U.S. District Court judge didn't rule on the dispute Sunday but did say both sides had until an Oct. 7 hearing to submit briefs.

On Sunday night, a state appeals-court judge overturned Judge Ramos's ruling extending the duration of the exclusivity agreement. "I believe substantial questions have been raised regarding the authority of Justice Ramos to have issued the order while physically located outside the state of New York," Associate Justice James McGuire said in his ruling.

The exclusivity agreement restricted Wachovia from entering into merger discussions with any other bank. But a provision in the federal financial-system bailout added a wrinkle to the situation, rendering unenforceable certain agreements that restrict merger talks between banks.

The provision was inserted into the rescue legislation last week, at the behest of the FDIC, according to people familiar with the matter. Lawyers said the clause appears to defang the exclusivity pact between Wachovia and Citigroup.

A spokesman for Wells Fargo, Larry Haeg, said the bank believes the statutory language "invalidates Wachovia's claimed exclusivity agreement with Citi." But Mr. Haeg said the bank had "no role in suggesting the language."

Citigroup officials were caught off-guard by the provision, with senior officials not being aware of it until Friday afternoon -- after President George W. Bush had signed the bill into law. Citigroup executives argued that the provision also could invalidate Wachovia's subsequent deal with Wells Fargo -- an assertion that those banks dismissed.


Mecklenburg County Court Issues Temporary Restraining Order Against Citigroup

Order Enjoins Citigroup From Continuing to Take any Action to Enforce Terms of Exclusivity Limitations against Wachovia or Wells Fargo
Mary Louise Guttmann and Leslie M. ("Bud") Baker, shareholders of Wachovia Corporation, announced that the Mecklenburg County General Court of Justice, Superior Court Division, today issued a temporary restraining order prohibiting Citigroup, Inc. from taking any action to enforce any of the provisions regarding the exclusivity limitations in the letter agreement between the two companies dated September 29, 2008. In addition, the Court's order prohibits Citigroup from filing or continuing any legal action against Wachovia or Wells Fargo to enforce the terms of the exclusivity limitations; making public representations about the validity of the exclusivity limitations; and making public representations about the invalidity of the Wachovia/Wells Fargo merger agreement.
Ms. Guttmann and Mr. Baker said, "We are delighted that Judge Robert Johnston has agreed that Citigroup should be prohibited from attempting to enforce what it has incorrectly claimed were lawful exclusivity provisions in the letter agreement between Wachovia and Citigroup.
"We are especially pleased that Judge Johnston directed Citigroup to take no action attempting to utilize those provisions, or to make any public statement that casts doubt on the validity of the Wachovia/Wells Fargo merger agreement.
"Furthermore, we commend Wachovia's Board of Directors for putting the interests of shareholders first by accepting the superior proposal from Wells Fargo.
"We look forward to the opportunity to vote on the Wachovia/ Wells Fargo merger."

Affidavit Suggests Wachovia Neared Failure

A sworn affidavit filed this weekend in federal court by Wachovia Corp. Chief Executive Robert K. Steel paints a picture of a perilous situation in which the eighth-largest U.S. bank in stock-market value was caught between competing takeover bids while facing enormous pressure from the Federal Deposit Insurance Corp. to sell itself.

The affidavit suggests that Wachovia has come close to failing at least twice in the last week. Were the Charlotte, N.C., bank to collapse, it would rank as by far the largest failure of a federally insured bank in U.S. history.

The filing also suggests that the FDIC pushed Mr. Steel toward making a deal with Wells Fargo, based in San Francisco. Upending Wachovia's initial pact with Citigroup Inc. would let the government off the hook for its agreement to absorb certain future loan losses at Wachovia.

In the 57-page filing, Mr. Steel, a former Treasury Department undersecretary and Goldman Sachs Group Inc. executive, said the Sept. 25 failure of Washington Mutual Inc. and that week's uncertainty about the bailout legislation in Washington "resulted in significant downward pressure in the market on the price of Wachovia stock."

The next day, Wachovia and Citigroup entered into a confidentiality agreement about a possible acquisition. Wachovia and Wells Fargo entered into a similar agreement the same day.

On Saturday, Sept. 27, Wells Fargo Chairman Richard Kovacevich told Mr. Steel that Wells Fargo was willing to enter into a deal without any government assistance. "A merger could be executed before the market opened Monday," Mr. Steel said he was told.

At 6 p.m. the next day, Mr. Kovacevich backed out, saying Wells Fargo couldn't follow through under the "compressed timetable to acquire Wachovia without substantial government assistance," according to the affidavit. An affidavit is a written declaration made under oath as a truthful representation of facts.

FDIC Chairman Sheila Bair then contacted Mr. Steel, advising him to "commence negotiations with Citi," since the government felt that government-assistance would be likely in any deal.

On Monday, Sept. 29 at 6:30 a.m., Mr. Steel told Wachovia's board of directors that there were two options. Either the holding company, called Wachovia Corp., could file for bankruptcy, with its banking subsidiaries going into receivership, or parts of the company could be sold to Citigroup.

Wachovia directors agreed to take Citigroup's offer, valued at about $2 billion.

In the affidavit, Mr. Steel said that subsequent negotiations with Citigroup "proved extremely complicated and difficult," though he didn't go into more detail in the affidavit.

"Wachovia was under tremendous pressure from Citi and the regulators to conclude a transaction with Citigroup with definitive agreements by the following Monday, October 6, 2008."

On Thursday, Oct. 2, Mr. Bair contacted Mr. Steel and asked if he had talked to Mr. Kovacevich recently. Mr. Steel said he hadn't, according to the affidavit. Ms. Bair said Wells Fargo would be making a counteroffer, adding that Mr. Steel should give it "serious consideration."

Mr. Steel was on a plane about to take off, so Ms. Bair called Wachovia's general counsel and went over some of the details, the affidavit states. Mr. Kovacevich called Mr. Steel at 9 p.m., once the flight had landed. Four minutes later, Mr. Kovacevich sent a signed merger agreement from Wells Fargo. Wachovia's board had a conference call at 11 p.m. that night.

"The Company's advisors and I told the board that we believed that unless a definitive merger agreement was signed with either Citigroup or Wells Fargo by the end of the day Friday, October 3, that the FDIC was prepared to place Wachovia's banking subsidiaries into receivership," Mr. Steel said in the affidavit.

Ex-CEO of S&L bought by Wachovia defends record

Once hailed for running their savings-and-loan company like an endearing mom-and-pop shop, Herb and Marion Sandler are now being vilified as ruthless home lenders who helped destroy Wachovia Corp. and contributed to the financial decay that led to the U.S. government's $700 billion rescue plan to buy rotten mortgages.

After deflecting the media for months, Herb Sandler defended his lending record in an interview Sunday. He also tried to make a case for why Wachovia is worth substantially more than the $14.8 billion that Wells Fargo & Co. has offered for the company.

Sandler, 77, spoke to The Associated Press in the San Francisco office of his family's charitable foundation the morning after NBC's "Saturday Night Live" broadcast a skit deriding the Sandlers as predatory lenders who had duped unsophisticated borrowers and Wachovia, too. A caption shown during the sketch skewered the Sandlers as "people who should be shot."

Although the timing of the interview was coincidental, Sandler was seething after watching a replay of the skit on the Internet.

"I have been listening to this crap for two years," Sandler said. "We are being unfairly tarred. People have been telling us to speak out for some time, but we didn't think it was appropriate. That was clearly a mistake."

The public ridicule represents a 180-degree turn for the Sandlers, who were considered to be the voices of reason while they steered Golden West Financial Corp. and its subsidiary, World Savings, through a period of financial recklessness that led to the failure of thousands of other S&Ls in the 1980s and 1990s.

Golden West never strayed from its staid lending approach while the Sandlers scolded others for their risky investments in commercial real estate and exotic business ventures.

Herb Sandler agrees with his critics on one point: He and Marion, who were Golden West's co-chief executives for more than 40 years, couldn't have picked a better time to sell the company than when they closed their $24.3 billion deal with Wachovia in October 2006.

After years of double-digit increase, home prices began to crumble once Wachovia took over, and now the Charlotte, N.C.-based bank is in such deep trouble that it has agreed to be sold to Wells Fargo for just $7 per share — nearly 90 percent below the company's stock price at the time of the Golden West takeover.

Citigroup Inc. is fighting in court to enforce an earlier agreement that would allow it to buy Wachovia's banking operations for $2.1 billion, or $1 per share.

The Sandlers were the biggest winners in the Golden West sale, collecting Wachovia stock that was worth more than $2 billion when the deal closed. More than $1 billion of the stock was used to fund the couple's charitable foundation. Herb declined to say how much of the stock the couple still owns, saying only they still have enough shares to care what happens to Wachovia.

Sandler maintains that Wachovia's mortgage problems aren't as severe as they might seem, especially now that the federal government is prepared to take some of the deteriorating mortgages off lenders' books.

Once the clean-up work is complete, Sandler believes Wachovia will be worth $60 billion to $100 billion. Although he thinks Wells should have been pressured to pay more, Sandler says it's preferable to the Citigroup bid, which was negotiated with the help of federal regulators. He doubts Wells or any other bidder will up the ante for Wachovia because of the turmoil in financial markets.

More than anything else, Sandler wants to burnish his and his wife's legacy.

Taking advantage of regulations passed in 1981, World Savings had thrived for decades by specializing in adjustable rate mortgages that gave borrowers the option of deferring the interest due on their monthly payments. These so-called option-ARMs have been widely derided for driving up the amount that borrowers owed on their loans, ultimately saddling them with payments that they can't afford.

But Sandler contends the troubles cropping up in World's option-ARM, or "pick-a-pay," portfolio haven't been severe enough to drag down Wachovia. The bank has charged off about $850 million of the $122 billion pick-a-pay portfolio so far, but the bank's management has indicated the losses could rise to $12 billion.

If Wells Fargo prevails in its effort to buy Wachovia, it intends to take a $32 billion hit on the pick-a-pay portfolio — an action that implies the loans, on average, are only worth 74 cents on the dollar.

Sandler contends the loss projections are grossly exaggerated and rely on improbable Depression-era assumptions about the U.S. economy. He doubts the losses on World's former mortgage portfolio will rise above $10 billion, largely because none of the loans were made to borrowers with shoddy, or "subprime," credit records.

Sandler said World's pick-a-pay loans were made under the same qualifying standards that had been in effect during the previous 25 years when the savings and loan's losses were among the lowest in the industry and the Sandlers were consistently praised for their prudence.

"We had a great track record for 40 years," Sandler said. "If this product was so dangerous, how could that be? There is something anomalous about that, isn't there?"

(This version CORRECTS ADDS dropped word "have" to 11th graf, corrects 2nd, 13th and 14th grafs to reflect Sandler isn't seeking higher Wells Fargo bid even though he believes Wachovia is substantially more. Moving on general news and financial services.)

Citigroup wins first round for Wachovia

Citigroup has won the first round in a bitter match with Wells Fargo over the takeover of Wachovia after a New York court gave it more time for exclusive negotiations with the sixthlargest US bank.

Citi is also suing Wachovia for up to $60bn in damages, accusing it of breaking an exclusivity agreement when it clinched a rival deal with Wells, according to people close to its case.

However, Justice Charles Ramos of the Supreme Court of the state of New York did not rule on that claim when he granted Citi an emergency extension of the exclusivity agreement on Saturday night.

Yesterday it emerged that hours before Wells trumped its bid for Wachovia on Thursday, Citi had sweetened its offer for the Charlotte-based lender. A deal was close to being signed between Citi and Wachovia but it was scuppered by Wells Fargo's intervention.

People close to the situation said that Citi's increased offer, the details of which are not known, remained on the table.

Citi claimed that prolonging the exclusivity agreement until at least Friday, when both sides are due to appear in court, has frozen merger talks between Wachovia and Wells Fargo.

The San Francisco-based lender trumped Citi's government-aided $2.2bn bid for the banking operations of Wachovia with a $15.1bn all-share offer.

Citi said that the exclusivity agreement, which would have expired on Monday, "unconditionally bars Wachovia from negotiating or entering into a merger/acquisition agreement with any party other than Citi".

People close to Wachovia said the extension of the agreement simply meant it would keep talking to Citi but added that its management still favoured a deal with Wells.

Citi, Wachovia Claim Gains From Sunday Court Hearing

Citigroup Inc. (C) and Wachovia Corp. (WB) both claimed victory Sunday following a hearing in a federal court in New York related to the two companies' souring deal agreement.

Previously, Citigroup had scored a win Saturday night, when the Supreme Court of the State of New York granted the banking giant's motion to temporarily prevent Wachovia from negotiating a merger with anybody but Citi. Citigroup had agreed in principle to buy Wachovia's banking operations Monday, Sept. 29.

Wachovia rushed to the United States District Court for the Southern District of New York on Sunday to obtain a restraining order preventing Citi from interfering with Wachovia's deal to sell the entire company to Wells Fargo & Co. (WFC), which was announced Friday. That deal collided with an agreement in principle Wachovia had struck with Citi on Monday, where Citi would buy Wachovia's banking operations.

The hearing was oral, and no written decision was available, but both sides claimed gains from Sunday's hearing. Judge John George Koeltl was not immediately available for comment.

A spokeswoman for Wachovia said, "We are pleased that Judge Koeltl granted our motion for expedited resolution of the exclusivity agreement between Wachovia and Citigroup."

Citi had not objected to an expedited proceeding, but a spokeswoman said: "We are very pleased that Wachovia's motions for emergency injunctive relief and a temporary restraining order were denied today in Federal Court."

Citi rattled as rival steals its thunder

When he received an early morning phone call telling him that Wells Fargo had just trumped Citigroup's government-brokered $2.2bn deal to buy Wachovia, a senior Citi executive thought he was having a bad dream. But as he awoke fully, reality dawned on him: his company had been blindsided by a blitz from Wells for Wachovia - a bank that Citi thought it had in the bag 48 hours earlier.

Wells, which abandoned talks to acquire Wachovia last week, made its surprise move at 9pm on Thursday night when Dick Kovacevich, its chairman, called Robert Steel, Wachovia's chief executive, with details of the $15.1bn all-share bid, according to people close to the situation.

Some insiders say that Wells had contacted regulators earlier and regulators had told Wachovia it might receive an unsolicited offer.

Mr Steel hastily convened a board meeting by phone and after hours of discussions, Wachovia, the sixth-largest lender in the US, was ready to switch horses.

The news sparked an angry reaction from Citi, whose executives had been with Wachovia's top brass, including Mr Steel, on Thursday to thrash out details of their own merger.

The US financial services group said Wachovia's decision to swap partners was in breach of an exclusivity agreement.

Citi is still considering whether to raise its $1-a-share bid for Wachovia, according to people close to the situation, but it has also issued a thinly veiled threat to take legal action to stop the transaction or demand damages.

The exclusivity agreement, seen by the Financial Times, states that Wachovia "shall not . . . solicit, initiate or take action to facilitate or encourage the submission of any acquisition proposal [or] enter into or participate in any discussions or negotiations".

The document, which was signed by Gary Crittenden, Citi's chief financial officer, and Jane Sherburne, Wachovia's general counsel, was due to expire on Monday, according to a handwritten note initialled by Ms Sherburne.

Wachovia declined to comment on the exclusivity agreement and John Stumpf, Wells Fargo's chief executive, told Wall Street analysts that he was not aware "of any merger agreements that have been consummated".

Mr Stumpf, who was advised by JPMorgan Chase and the renowned law firm of Wachtell, Lipton, Rosen & Katz, said he was confident the deal for Wachovia, which has been advised by Goldman Sachs and Sullivan & Cromwell, had been "done appropriately."

But if Citi follows through with its threat to take legal action, that decision could be out of Mr Stumpf's hands.

Citi insiders yesterday pointed to the Texaco/Pennzoil case as supporting their argument.

In 1984, Texaco trumped a $2.6bn deal by Pennzoil to buy a stake in Getty Oil with its $10.1bn proposal to buy the whole company. Texaco claimed Pennzoil and Getty had only had an agreement in principle, not a legally enforceable contract. Pennzoil sued, and won $10.53bn, claiming the loss of a "significant and valuable business opportunity."

However, Wachovia's advisers argued that its management was duty bound to present Wells' offer to the board. The board, for its part, felt it could not justify rejecting a higher bid to its shareholders, partly because the agreement with Citi had come under pressure from regulators.

American banks in Wachovia face-off

Citigroup said it had been granted “emergency injunctive relief” from the Supreme Court of the State of New York to extend the exclusivity agreement governing its $2.1bn takeover bid.

Wachovia and Wells Fargo denied the court order had any effect on their agreement, which Wells called “firm” and “binding”.

The fight comes after the bank’s board agreed to a takeover by Wells Fargo on Thursday, three days after Citigroup appeared to have agreed its own government-assisted deal with the company.

Citigroup moved to block the merger, claiming it had “legal rights” and had been giving Wachovia liquidity support throughout the week.Wachovia had committed not to negotiate with other parties until tomorrow at the earliest.

Citigroup reportedly offered to significantly increase its bid, but that was rejected, according to the Wall Street Journal.

The legal battle comes at what some commentators suggest is the worst possible time for the US government.

While its $700bn bank bail-out was pushed through Congress on Friday, it is still relying on America’s biggest remaining banks, including Citigroup and Wells Fargo, to support its plans and provide liquidity.

On attaining the court ruling, which Wachovia had tried to block, Citigroup said it would “continue negotiations with Wachovia on the previously agreed-to transaction”.

Wachovia and Citigroup have been ordered to appear before the New York court on Friday.

Citigroup, Wells May Carve Up Wachovia in Compromise, WSJ Says

Citigroup Inc. and Wells Fargo & Co., prodded by U.S. regulators, may divide up Wachovia Corp. to end a takeover battle that's disrupting a federal rescue of the ailing North Carolina bank, the Wall Street Journal reported.

Officials from the Federal Reserve and Treasury are involved in the talks while executives of Charlotte, North Carolina-based Wachovia have been excluded, the Journal reported, citing people familiar with the situation. Citigroup would get Wachovia's branches in the northeast and mid-Atlantic regions and Wells Fargo may take the Southeast and California, the newspaper reported. The asset-management and brokerage units would go to Wells Fargo.

Citigroup, the biggest U.S. bank by assets, is bidding for Wachovia while trying to rebuild after $61 billion of losses tied to the collapse of mortgage markets. The bank wants to buy parts of Wachovia for about $2.16 billion, while Wells Fargo is bidding about $15 billion for the whole company. Wachovia said Wells Fargo's bid is better for investors, workers and taxpayers because, unlike Citigroup, it doesn't rely on government aid.

Under the split being discussed now, neither New York-based Citigroup nor San Francisco-based Wells Fargo would get U.S. financial assistance, the Journal said.

The two suitors have spent the weekend wrangling in state and federal court over Wachovia, with Citigroup winning a New York state ruling on Oct. 4 that said it had the exclusive right to negotiate a takeover until Oct. 10. That ruling was overturned on appeal today, leaving the original expiration date of Oct. 6 in place.

``We are pleased that the unfounded order entered yesterday has been vacated,'' said a Wells Fargo statement. ``Wells Fargo will continue working toward the completion of its firm, binding merger agreement with Wachovia.''

Competing Offers

The takeover battle began Sept. 29 when Citigroup made its bid with backing from the Federal Deposit Insurance Corp. to rescue Wachovia from declaring bankruptcy, according to documents provided by Citigroup. Wells Fargo, which said it was unable to complete a competing bid in time to be considered, returned with its higher offer later in the week, which Wachovia accepted.

Citigroup said this violated a signed agreement not to solicit new offers. New York State Supreme Court Justice Charles Ramos sided with Citigroup, and he extended the exclusive right to negotiate from the Oct. 6 expiration to Oct. 10 when he scheduled a hearing on the merits.

Wachovia said yesterday in a complaint filed in the U.S. district court in New York that FDIC Chairwoman Sheila Bair, who initially agreed to provide financial support to the Citigroup bid, later helped broker the deal with Wells Fargo.

`Serious Attention'

On Oct. 2 at about 7 p.m., Bair called Wachovia CEO Robert Steel and told him to expect a call from Wells Fargo Chairman Richard Kovacevich regarding the bank's offer of $7 a share, according to the complaint. Bair encouraged Steel ``to give serious consideration to that offer,'' according to the Wachovia court filing.

``Officials from both the Treasury Department and the Federal Reserve also contacted Wachovia's lead outside counsel to inform him that the offer from Wells Fargo was forthcoming and that Wachovia should give it serious attention,'' according to the complaint.

Andrew Gray, a spokesman for the FDIC, didn't return a message left on his mobile phone seeking comment.

`Simpler, Easier'

Steel said in a separate affidavit that he agreed to the Wells Fargo deal partly because the FDIC was threatening to put its banking operations into receivership if a ``definitive merger agreement'' with either Citigroup or Wells Fargo wasn't signed by Oct. 3.

Wachovia's discussions with Citigroup had ``proved extremely complicated and difficult,'' whereas Wells Fargo's offer was ``simpler, easier for shareholders to understand, more likely to close and more likely to receive shareholder approval,'' Steel said.

After Wachovia's board approved Kovacevich's offer, Bair and Steel together phoned Citigroup CEO Vikram Pandit to say that Wachovia had agreed to the Wells Fargo deal, Steel said.

Separately, U.S. District Judge John Koeltl put off ruling on whether Wells Fargo may proceed with its takeover bid. A hearing was set for Oct. 7, at which another federal judge will be asked to decide the case.

Federal Case

Wachovia took the case to federal court, and at the emergency hearing yesterday, David Boies, a lawyer for Wachovia, asked Koeltl to decide whether language in the $700 billion federal bailout law for the banking industry enacted last week permits Wells Fargo to make a new bid.

Koeltl said it ``appears'' Wells Fargo is correct, adding that a judge who is to be permanently assigned to the case this week may reach a different conclusion.

Wachovia spokeswoman Christy Phillips-Brown said the bank was ``pleased'' that the judge granted its request for a quick resolution, while Citigroup's Shannon Bell said the company was ``very pleased that Wachovia's motions for emergency injunctive relief and a temporary restraining order were denied.''

Citigroup dropped $4.15 to $18.35 on Friday in New York Stock Exchange composite trading, after having its biggest share decline in about 20 years. Wachovia rose 59 percent to $6.21. Wells Fargo declined 1.7 percent to $34.56.

Steel's Stake

Wachovia CEO Steel, 57, stands to benefit from any improvement in bids for Wachovia. Recruited from the Treasury department in July to rebuild the lender's credibility with investors, he bought 1 million shares of Wachovia stock for about $16 million two weeks after arriving at the company.

Wells Fargo's bid won endorsement from stakeholders including Davis Selected Advisers LP, the Dodge & Cox mutual fund group and the Sandler family, according to a statement.

The Sandlers sold Golden West Financial Corp. to Wachovia in 2006 for about $24 billion, when Wachovia was run by CEO Kennedy Thompson. The unit's option-ARM home loans have since been blamed for contributing to Wachovia's record quarterly losses and Thompson lost his job.