EACC

US/Digital: EU opens new Office in San Francisco to reinforce its Digital Diplomacy

Today, the European Union opens its new office in San Francisco, California, a global centre for digital technology and innovation. The office will reinforce the EU’s cooperation with the United States on digital diplomacy and strengthen the EU’s capacity to reach out to key public and private stakeholders, including policy makers, the business community, and civil society in the digital technology sector.
The EU High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission, Josep Borrell, said: “The opening of the office in San Francisco responds to the EU’s commitment to strengthen transatlantic technological cooperation and to drive the global digital transformation based on democratic values and standards. It is a concrete step to further reinforce the  EU’s work on issues such as cyber and countering hybrid threats, and foreign information manipulation and interference.”
As a world leader in digital solutions and in developing policies and rules that support a human-centric vision of the Internet and digital technologies, the EU has focused on creating valuable partnerships in like-minded countries around the world, notably with the United States.
The opening of the office is a result of the 2021 EU-US Summit shared commitment to strengthen transatlantic technological cooperation and is a core part of the Conclusions on Digital Diplomacy, adopted by EU Foreign Affairs Council in July of this year.
The EU office in San Francisco will seek to promote EU standards and technologies, digital policies and regulations and governance models, and to strengthen cooperation with US stakeholders, including by advancing the work of the EU-US Trade and Technology Council.
The office will work under the authority of the EU Delegation in Washington, DC, in close coordination with Headquarters in Brussels and in partnership with EU Member States consulates in the San Francisco Bay Area. It will be headed by Gerard de Graaf, a senior Commission official who has worked extensively on digital policies, most recently on the EU’s landmark new platform laws, the Digital Services Act and Digital Markets Act. The office will initially be co-located with the Irish Consulate.
Contacts:

Peter Stano, Lead Spokesperson for Foreign Affairs and Security Policy | peter.stano@ec.europa.eu | +32 (0)460 75 45 53

Paloma Hall Caballero, Press Officer for Foreign Affairs and Security Policy | paloma.hall-caballero@ec.europa.eu | +32 (0)2 296 85 60 | +32 (0)460 76 85 60

Compliments of the European Union External Action (EEAS).
The post US/Digital: EU opens new Office in San Francisco to reinforce its Digital Diplomacy first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

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IMF | Reimagining Money in the Age of Crypto and Central Bank Digital Currency

The recent plunge in crypto assets has left investors numbed by losses and surely in doubt. But the future of money is undoubtedly digital. The question is, what will it look like? In our latest issue of Finance & Development, some of the world’s leading experts try to answer this complex and politically charged question.
Of course, digital money has been developing for some time already. New technologies hope to democratize finance and broaden access to financial products and services. A main goal is to achieve much cheaper, instantaneous domestic and cross-border payments. The gains could be especially great for people in developing countries.
Cornell’s Eswar Prasad takes us on a tour of existing and emerging forms of digital money and looks at the implications for finance, monetary policy, international capital flows—even the organization of societies.
Not every form of digital money will prove viable. Bitcoin, now down nearly 70 percent from its November peak, and other crypto assets fail as money, says Singapore’s Ravi Menon, among others. While they are actively traded and heavily speculated on, prices are divorced from any underlying economic value. Stablecoins are designed to rein in the volatility, but many have proved to be anything but stable, Menon adds, and depend on the quality of the reserve assets backing them.
Still, journalist Michael Casey argues, decentralized finance and crypto are not only here to stay but can address real-world problems such as the energy crisis.
Regulation is key. The regulatory fabric is being woven, and a pattern is expected to emerge, explain the IMF’s Aditya Narain and Marina Moretti. But the longer this takes, they argue, the more national authorities will get locked into differing regulatory frameworks. They call for globally coordinated regulation to bring order to markets, help instill consumer confidence, and provide a safe space for innovation.
Meanwhile, central banks are considering their own digital currencies. Bank for International Settlements chief Agustín Carstens and his coauthors suggest that central banks should harness the technological innovations offered by crypto while also providing a crucial foundation of trust. Privacy and cybersecurity risks can be managed with responsibly designed central bank digital currencies, adds the Atlantic Council’s Josh Lipsky.
Elsewhere in the issue, our contributors look at the benefits and drawbacks of decentralized finance, the future of cross-border payments, and how India and countries in Africa are advancing the digital payment frontier.
It’s too early to tell how the digital landscape will evolve. But with the right policy and regulatory choices, we can imagine a future with a mix of government and privately backed currencies held safely in the digital wallets of billions of people.
Thank you, as ever, for reading us.
Author:

Gita Bhatt is the Head of Policy Communications and Editor-In-Chief of Finance & Development Magazine

Compliments of the IMF.
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Russian war adds uncertainty and volatility to EU financial markets

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, today publishes the second Trends, Risks and Vulnerabilities (TRV) Report of 2022. The Russian war on Ukraine against a backdrop of already-increasing inflation has profoundly impacted the risk environment of EU financial markets, with overall risks to ESMA’s remit remaining at its highest level.
In the first half of 2022 financial markets saw faltering recoveries, increasing volatility and likelihood of market corrections. Separately, crypto-markets saw large falls in value and the collapse of an algorithmic stablecoin, highlighting again the very high-risk nature of the sector.
Verena Ross, Chair, said:
“The current high inflation environment is having impacts across the financial markets. Consumers are faced with fast rising cost of living and negative real returns on many of their investments. Consumers also need to watch out as they might be targeted by aggressive marketing promoting high-risk products that may not be suitable for them.
The Russian invasion of Ukraine continues to significantly affect commodity markets, leading to rapid price increases and elevated volatility. These present liquidity risks for exposed counterparties and show the continued importance of close monitoring to ensure orderly markets, a core objective for ESMA.”
Risk summary and outlook
The overall risk to ESMA’s remit remains at its highest level. Contagion and operational risks are now considered very high, like liquidity and market risks. Credit risk stays high but is expected to rise. Risks remain very high in securities markets and for asset management. Risks to infrastructures and to consumers both remain high, though now with a worsening outlook, while environmental risks remain elevated. Looking ahead, the confluence of risk sources continues to provide a highly fragile market environment, and investors should be prepared for further market corrections.
Main findings
Market environment: The Russian aggression drove a commodities-supply shock which added to pre-existing pandemic-related inflation pressures. Monetary policy tightening also gathered pace globally, with markets adjusting to the end of the low interest rates period.
Securities markets: Market volatility, bond yields and spreads jumped as inflation drove expectations of higher rates, equity price falls halted the recovery that had started in 2020, and invasion-sensitive commodity values surged, particularly energy, impacting natural gas derivatives and highlighting liquidity risks for exposed counterparties.
Asset management: Direct impacts of the invasion were limited but the deteriorating macroeconomic conditions amplified vulnerabilities and interest rate risk has grown with expectations of higher inflation. Exiting the low-rate environment presents a medium-term challenge for the sector.
Consumers: Sentiment worsened in response to growing uncertainty and geopolitical risks. The growing volatility and inflation could negatively impact many consumers, with effects potentially exacerbated by behavioural biases. Household savings fell from the record highs of the pandemic lockdowns.
Sustainable finance: The invasion presented a new major challenge to EU climate objectives as several member states turned to coal to compensate for lower Russian fossil fuel imports. Although EU ESG bond issuance fell and EU ESG equity funds experiencing net outflows for the first time in two years, funds with an ESG impact objective were largely spared and the pricing of long-term green bonds proved resilient.
Financial innovation: Crypto-asset markets fell over 60% in value in 1H22 from an all-time-high, amid rising inflation and a deteriorating outlook. The sharp sell-off, the Terra stablecoin collapse in May, and the pause in consumer withdrawals by crypto lender Celsius, added to investor mistrust and confirmed the speculative nature of many business models in this sector.
Compliments of the European Securities and Markets Authority, European Commission.
The post Russian war adds uncertainty and volatility to EU financial markets first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

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Support for fossil fuels almost doubled in 2021, slowing progress toward international climate goals, according to new analysis from OECD and IEA

Major economies sharply increased support for the production and consumption of coal, oil and natural gas, with many countries struggling to balance longstanding pledges to phase out inefficient fossil fuel subsidies with efforts to protect households from surging energy prices, according to analysis released today by the Organisation for Economic Co-operation and Development and the International Energy Agency.
New OECD and IEA data show that overall government support for fossil fuels in 51 countries worldwide almost doubled to 697.2 USD billion in 2021, from 362.4 USD billion in 2020, as energy prices rose with the rebound of the global economy. In addition, consumption subsidies are anticipated to rise even further in 2022 due to higher fuel prices and energy use.

“Russia’s war of aggression against Ukraine has caused sharp increases in energy prices and undermined energy security. Significant increases in fossil fuel subsidies encourage wasteful consumption though, while not necessarily reaching low-income households,” OECD Secretary-General Mathias Cormann said. “We need to adopt measures which protect consumers from the extreme impacts of shifting market and geopolitical forces in a way that helps keep us on track to carbon neutrality as well as energy security and affordability.”
“Fossil fuel subsidies are a roadblock to a more sustainable future, but the difficulty that governments face in removing them is underscored at times of high and volatile fuel prices. A surge in investment in clean energy technologies and infrastructure is the only lasting solution to today’s global energy crisis and the best way to reduce the exposure of consumers to high fuel costs.” IEA Executive Director Fatih Birol said.
The OECD and IEA produce complementary databases that provide estimates of different forms of government support for fossil fuels. The current OECD-IEA combined estimates cover 51 major economies, spanning the OECD, G20 and 33 other major energy producing and consuming economies representing around 85% of the world’s total energy supply.
OECD analysis of budgetary transfers and tax breaks linked to the production and use of coal, oil, gas and other petroleum products in G20 economies showed total fossil fuel support rose to USD 190 billion in 2021 from USD 147 billion in 2020. Support for producers reached levels not previously seen in OECD tracking efforts, at USD 64 billion in 2021 – up by almost 50% year-on-year, and 17% above 2019 levels. Those subsidies have partly offset producer losses from domestic price controls as global energy prices surged in late 2021. The estimate of consumer support reached USD 115 billion, up from USD 93 billion in 2020.
The IEA produces estimates of fossil fuel subsidies by comparing prices on international markets and prices paid by domestic consumers that are kept artificially low using measures like direct price regulation, pricing formulas, border controls or taxes, and domestic purchase or supply mandates. Covering 42 economies, the IEA finds that consumer support increased to USD 531 billion in 2021, more than triple their 2020 level, driven by the surge in energy prices.
The OECD and IEA have consistently called for the phasing out of inefficient fossil fuel support and re-direction of public funding toward the development of low-carbon alternatives alongside improvements in energy security and energy efficiency. Subsidies intended to support low-income households often tend to favour wealthier households that use more fuel and energy and should therefore be replaced with more targeted forms of support.
Read more at: www.oecd.org/fossil-fuels/.
For further information, journalists are invited to contact Catherine Bremer in the OECD Media Office (+33 1 45 24 97 00) or Merve Erdil at the IEA Press Office (+33 1 40 57 66 94).
Compliments of the OECD.
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EACC

ECB Speech | Monetary policy and the Great Volatility

Speech by Isabel Schnabel, Member of the Executive Board of the ECB, at the Jackson Hole Economic Policy Symposium organised by the Federal Reserve Bank of Kansas City, Jackson Hole, Wyoming | 27 August 2022 |
The Great Moderation was a period of prosperity and broad macroeconomic stability.[1] The volatility of both inflation and output declined, the length of economic expansions increased, and people in most economies experienced sustained improvements in their standards of living.
There is broad agreement that better monetary policy was an important factor behind the Great Moderation.[2] As central banks took up the fight against spiralling inflation in the late 1970s and early 1980s, they brought down and stabilised inflation expectations at levels that provided a solid nominal anchor for firms and households.
The subsequent advance of inflation targeting around the world is believed to be a prime reason why the global financial crisis of 2008 merely interrupted the Great Moderation.[3] Afterwards, macroeconomic volatility quickly dropped back to its previous low levels.
Yet, monetary policy was not the only factor behind the Great Moderation. Good luck, in the sense of a smaller variance of the shocks hitting the global economy, is widely believed to have played an important role as well.[4] Compared with the 1970s, for example, real oil prices traded in a much narrower range from the second half of the 1980s until the mid-2000s.
The question I would like to discuss this morning is whether the pandemic, and more recently Russia’s invasion of Ukraine, will herald a turning point for macroeconomic stability – that is, whether the Great Moderation will give way to a period of “Great Volatility” – or whether these shocks, albeit significant, will ultimately prove temporary, as was the case for the global financial crisis.
My answer to this question is that of a “two-handed economist”. On the one hand, there is a tangible risk that the nature and persistence of the shocks hitting our economies will remain unfavourable over the coming years. On the other hand, the decisions that central banks are taking today to deal with high inflation can shape the future course of our economies in a way that mitigates and limits the ultimate impact of these shocks on prosperity and stability.
A new era of volatility
The pandemic and the war in Ukraine have led to an unprecedented increase in macroeconomic volatility.
Output growth volatility in the euro area over the past two years was about five times as high as it was at the peak of the Great Recession in 2009.[5] Inflation volatility has surged beyond the levels seen during the 1970s.
Once the exceptional effects of the pandemic and the war wash out from the data, output and inflation volatility are bound to decline.
Yet, there are valid grounds to believe that policymakers will find themselves in a less favourable environment over the medium term – one in which shocks are potentially larger, more persistent and more frequent.
Climate change is a major driver. The experience of recent years leaves no doubt that the incidence and severity of extreme and disruptive weather events are rising sharply, exposing the global economy to greater volatility in output and inflation.[6]
This summer, the European Union – like many other parts of the world – is suffering from one of the most severe droughts on record, with nearly two-thirds of its territory in a state of alert or warning.[7]
The pandemic and the war are likely to add to instability in the years to come. They challenge two of the fundamental stabilising forces that have contributed to the decline in volatility during the Great Moderation: globalisation and an elastic energy supply.
Globalisation acted as a gigantic shock absorber.
The breakup of the Soviet Union and global economic liberalisation from the 1980s onwards led to about half of today’s world population being integrated into the global economy. Labour supply became so abundant, and production capacity so large, that even periods of strong demand rarely succeeded in putting persistent upward pressure on prices and wages.[8]
However, even before the pandemic, protectionism and nationalism were on the rise.[9] Tariff and non-tariff barriers were raised as the benefits of free trade were increasingly being called into question.[10]
Today, the world economy is at risk of fracturing into competing security and trade blocs. The international network that connects our economies is fragile. We are witnessing new and alarming forms of protectionism.
Consider health. Although vaccines have been rolled out in advanced economies for nearly two years now, a third of the world population is still unvaccinated. Unequal access to effective COVID-19 vaccines means that ending the pandemic remains elusive.
Food protectionism, meanwhile, is causing misery and social unrest in parts of the world. The number of governments imposing export restrictions on food and fertilizers is close to that recorded during the 2008-2012 food crisis, exacerbating the repercussions of the war on food supply.
Protectionism is going hand-in-hand with a fundamental reappraisal of global value chains. Many critical inputs to our modern societies, such as semiconductor chips, are produced in just a handful of countries. Europe’s energy crisis has exposed the deep fragilities of such an economic system.
Efforts to enhance diversification will help secure strategic autonomy and make value chains more robust. But they also imply duplication and inefficiency. And if used as a form of protectionism, a greater reliance on domestic production may leave countries more – rather than less – vulnerable to shocks in the future.[11]
The second stabilising force – an elastic energy supply – will also become less powerful in absorbing shocks in the years to come.
Following the oil price shocks of the 1970s, the distribution of global oil supply changed drastically. OPEC’s global market share fell from 53% in 1973 to 28% in 1985 as Mexico, Norway and other countries started producing significant amounts of oil.[12]
The “Shale Revolution” in the United States, which started at the turn of the century, changed the oil market once again. It is estimated to have resulted in a significant increase in the price elasticity of oil and gas supply.[13]
As a result, just as globalisation led to excess supply in product and labour markets, limiting price and wage increases, the emergence of the United States as a large net exporter of energy buffered the impact of demand shocks on oil and gas prices over the past 15 years.
The green transition and the war in Ukraine will lastingly make fossil energy scarcer and more expensive at a time when renewable energy carriers are not yet sufficiently scalable. Over the coming months, acute shortages, in particular in Europe, may require painful adjustments to production and consumption.
The shift to greener technologies will reduce such pressures over the longer run, but it will also broaden the sources of energy shocks during the transition.
Most green technologies require significant amounts of metals and minerals, such as copper, lithium and cobalt. As their supply is constrained in the short and medium term, and often concentrated in a small number of countries, action to quickly reduce our dependency on fossil energy will lead to firms and governments competing for scarce commodities, thereby pushing up prices.[14]
Of course, such fundamental and disruptive changes to the structure of our economies also offer important opportunities.
There is hope that the war in Ukraine unites those who embrace the values of liberty, territorial integrity and democracy. And the determined fight against climate change holds the potential for strong and sustainable growth.
But even then, the challenges we are facing are likely to bring about larger, more frequent and more persistent shocks in the years ahead.
The role of monetary policy
The transition to the Great Volatility is not a pre-determined outcome, however.
If the nature of the shocks changes – that is, if one of the factors that had contributed to the Great Moderation subsides – the other factor – better policies – becomes more important in ensuring macroeconomic stability.
Fiscal policy will play an important role in enhancing the resilience of our economies.
Governments need to adapt their policies to the risk of a protracted period of lower potential output growth. With debt-to-GDP ratios at or close to historical highs, spending should focus on protecting social cohesion and promoting productive and green investments that will help secure long-term prosperity and rebuild fiscal space needed to cushion future shocks.
Monetary policy, in turn, needs to protect price stability. What this means in an environment of elevated volatility and structural change is, however, controversial.
Because monetary policy operates with long lags, price stability is typically defined over the medium term, giving central banks some discretion over the extent and length of inflation overshoots that they are willing to tolerate over the short run.
This discretion is particularly relevant in the case of supply-side shocks that tend to push prices and output in opposite directions. Stabilising inflation is then no longer equivalent to stabilising output – the divine coincidence of monetary policy disappears.[15] Such shocks therefore imply a trade-off for monetary policy, between inflation and output.
The experience of the 1970s suggests that the extent of this trade-off is highly path dependent. A poorly chosen course of action can make attaining price stability significantly more costly in the future.
This path dependency puts a heavy weight on the decisions that central banks are taking in response to the challenges we are facing today.
For the first time in four decades, central banks need to prove how determined they are to protect price stability. The pandemic and the war are consistently suppressing the level of aggregate supply at a time of strong pent-up demand, leading to sharp price pressures across a large range of goods and services.
There are two broad paths central banks can take to deal with current high inflation: one is a path of caution, in line with the view that monetary policy is the wrong medicine to deal with supply shocks.[16]
The other path is one of determination. On this path, monetary policy responds more forcefully to the current bout of inflation, even at the risk of lower growth and higher unemployment. This is the “robust control” approach to monetary policy that minimises the risks of very bad economic outcomes in the future.[17]
Three broad observations speak in favour of central banks choosing the latter path: the uncertainty about the persistence of inflation, the threats to central bank credibility and the potential costs of acting too late.
Uncertainty about inflation persistence requires a forceful policy response
The first observation relates to how central banks should act in the current environment of large uncertainty.
William Brainard’s well-known attenuation principle suggests that central banks should tread carefully in the face of uncertainty about how their policies are transmitted to the broader economy.[18]
There are at least two conceptual cases where the Brainard principle breaks down.
One is the existence of the effective lower bound. The best way for central banks to avoid the perils of a liquidity trap is to ease policy swiftly when a disinflationary shock hits the economy in the vicinity of the lower bound.[19] This principle has become a cornerstone of the monetary policy strategies of many central banks, including the ECB.
The second case is when there is uncertainty about the persistence of inflation.
When the degree of inflation persistence is uncertain, optimal policy prescribes a forceful response to a deviation of inflation from the target to reduce the risks of inflation remaining high for too long.[20]
In this case, it is largely irrelevant whether inflation is driven by supply or demand. If a central bank underestimates the persistence of inflation – as most of us have done over the past one-and-a-half years – and if it is slow to adapt its policies as a result, the costs may be substantial.[21]
In the current environment, these risks remain significant. Unprecedented pipeline pressures, tight labour markets and the remaining restrictions on aggregate supply threaten to feed an inflationary process that is becoming harder to control the more hesitantly we act on it.
About 20 years ago, here in Jackson Hole, Carl Walsh was clear about what this implies for the conduct of monetary policy: to reduce the risks of a Volcker-type policy shock, central banks should conduct policy assuming that inflation is persistent, as the costs of underestimating persistence are higher than those of overestimating it.[22]
Such a policy naturally puts a stronger emphasis on incoming data.
Two sets of indicators matter most for deciding on the policy adjustment required to restore price stability.
One is actual inflation outcomes along the entire pricing chain. These play a more critical role than they would normally do, as they serve as an important reference point for policymakers to evaluate future pipeline pressures, the forces driving inflation persistence and risks of a de-anchoring of inflation expectations.
The other is data on the state of the economy to assess how fast supply and demand imbalances are correcting in response to both changes in interest rates and the repercussions of adverse supply-side shocks.
At the same time, the nature of inflation uncertainty implies that forward guidance on the future path of short-term interest rates becomes less relevant, or that it even risks adding to volatility rather than reducing it.
A key condition for the success of forward guidance in steering expectations over the past decade was a macroeconomic environment characterised by both historically low inflation volatility and the constraints of the effective lower bound.
Forward guidance is less appropriate in conditions of high volatility. When shocks are large and frequent, central banks can give no reliable signal about the future path of short-term interest rates, other than the broad direction of travel consistent with a reaction function that is calibrated on the assumption of high inflation persistence.
Risks of a de-anchoring of inflation expectations are rising
The second observation tilting the trade-off facing monetary policy towards more forceful action relates to central banks’ credibility.
Our currencies are stable because people trust that we will preserve their purchasing power. For politically independent central banks, establishing and maintaining that trust is an important policy objective in and of itself.
Failing to honour this trust may carry large political costs.[23] History is full of examples of high and persistent inflation causing social unrest. Recent events around the world suggest that the current inflation shock is no exception. Sudden and large losses in purchasing power can test even stable democracies.
Surveys suggest that the surge in inflation has started to lower trust in our institutions.[24] Young people, in particular, have no living memory of central banks fighting inflation.
We are witnessing a steady and sustained rise in medium and long-term inflation expectations in parts of the population that risks increasing inflation persistence beyond the initial shock.
In the euro area, consumers’ medium-term inflation expectations were firmly anchored at our 2% target throughout the pandemic. According to the most recent data, median expectations are close to 3%, while average expectations have increased from 3% a year ago to almost 5% today.[25]
Average long-term inflation expectations of professional forecasters, too, have started to gradually move away from our 2% target. In July, they stood at 2.2%, a historical high.
For both consumers and professional forecasters, we are also observing a marked increase in the right tail of the distribution – that is, the share of survey participants who expect inflation to stabilise at levels well above our 2% target.[26] Option prices in financial markets paint a similar picture.[27]
In the 1970s, such shifts in the right tail of the distribution preceded shifts in the mean.[28]
We broadly know why these shifts happen among consumers who are financially less literate. These consumers predominately form their expectations based on inflation experiences.[29]
But for the euro area, the ECB’s consumer expectations survey shows that people who are financially more literate and who see themselves as playing a relevant role in actual price and wage-setting have recently revised their medium-term inflation expectations to a larger extent than other survey participants.
This is a source of concern. Unlike for consumers who form their expectations based on their experience of inflation, the higher inflation expectations of financially literate people are unlikely to subside if and when inflation starts decelerating. This increases the probability of second-round effects.
We cannot say for certain what is behind these upward revisions to inflation expectations. But two potential explanations come to mind.
One is that higher medium-term inflation expectations may be the result of a perception that monetary policymakers have reacted too slowly to the current high inflation.
A cardinal principle of optimal policy in a situation of above-target inflation is to raise nominal rates by more than the change in expected inflation – the Taylor principle. If real short-term interest rates fail to increase, monetary policy will be ineffective in dealing with high inflation.
In the United States, a systematic failure to uphold the Taylor principle was one of the key factors contributing to the persistence of inflation in the 1970s.[30]
The second explanation is that higher inflation expectations may reflect more fundamental concerns, possibly related to fiscal and financial dominance, or to the recent review of central banks’ monetary policy frameworks that focused more on the challenges of too-low inflation rather than too-high inflation.[31]
All these factors may have created perceptions of a higher tolerance for inflation and a stronger desire to stabilise output.
Determined action is needed to break these perceptions. If uncertainty about our reaction function is undermining trust in our commitment to securing price stability, a cautious approach to policymaking will no longer be the appropriate course of action.
Instead, a politically independent central bank needs to put less weight on stabilising output than it would when inflation expectations are well anchored.
Policymakers should also not pause at the first sign of a potential turn in inflationary pressures, such as an easing of supply chain disruptions. Rather, they need to signal their strong determination to bring inflation back to target quickly.[32]
This is another key lesson of the 1970s. If the public expects central banks to lower their guard in the face of risks to economic growth – that is, if they abandon their fight against inflation prematurely – then we risk seeing a much sharper correction down the road if inflation becomes entrenched.
Central banks are facing a higher sacrifice ratio
The third, and closely related, observation that supports a more forceful policy response relates to the potential costs of acting too late – that is, when high inflation has become fundamentally entrenched in expectations, a situation that neither the United States nor the euro area are facing today.
In the early 1980s, many central banks had to tolerate large and costly increases in unemployment to restore confidence in the nominal anchor. There are at least three reasons to believe that a similar endeavour could be even more costly today in terms of lost output and employment.
One is that our economies have become less interest rate-sensitive over time, meaning that more withdrawal of monetary accommodation would be required for a given desired decline in inflation.
The growing importance of intangible capital is partially responsible for this. In the United States, its share in total investment has tripled since 1980. And in the euro area, it has increased from about 12% in 1995 to 23% today.
Research finds that intangible capital-intensive firms tend to be net savers because intangible capital is more difficult to mobilise as collateral for bank lending, making the cost of credit less important.[33]
These effects are reinforced by the structural shift towards services, which tend to be, on average, less responsive to monetary policy than more capital-intensive sectors, such as manufacturing.[34]
The second reason why a de-anchoring of inflation expectations has become more costly relates to the slope of the Phillips curve.
There is a wealth of studies that find that the Phillips curve has become flatter over the past few decades.[35]
Before the pandemic, a flat Phillips curve meant that central banks could allow the economy to run hot before inflationary pressures would emerge. Today, a flat Phillips curve means that lowering inflation – once it has become entrenched – potentially requires a deep contraction.
The third reason concerns the relevant measure of slack.
Even if the true slope of the Phillips curve were to be steeper than is suggested by reduced-form estimates, the fact that it is often global rather than domestic slack that matters for price-setting reduces the sensitivity of the economy to interest rate changes on a much broader level.[36]
The events of the past one-and-a-half years are testimony to the increased relevance of global economic conditions for inflation.[37]
In other words, central banks are likely to face a higher sacrifice ratio compared with the 1980s, even if prices were to respond more strongly to changes in domestic economic conditions, as the globalisation of inflation makes it more difficult for central banks to control price pressures.
Conclusion
Let me conclude.
High inflation has become the dominant concern of citizens in many countries.
Both the likelihood and the cost of current high inflation becoming entrenched in expectations are uncomfortably high. In this environment, central banks need to act forcefully. They need to lean with determination against the risk of people starting to doubt the long-term stability of our fiat currencies.
Regaining and preserving trust requires us to bring inflation back to target quickly. The longer inflation stays high, the greater the risk that the public will lose confidence in our determination and ability to preserve purchasing power.
Trust in our institutions is even more important at a time of major and disruptive structural change that brings about larger, more persistent and more frequent shocks. A reliable nominal anchor eases the transition towards the new equilibrium, and improves the trade-off facing central banks in the future.
All in all, therefore, an important lesson from the Great Moderation is that it is also up to central banks whether the challenges we are facing today will lead to the Great Volatility, or whether the pandemic and the war in Ukraine will ultimately be remembered as painful but temporary interruptions of the Great Moderation.
Thank you.
Compliments of the European Central Bank.

1. Bernanke, B. (2004), “The Great Moderation”, remarks at the meetings of the Eastern Economic Association, Washington, DC, 20 February; Perez-Quiros, G. and McConnell, M. (2000), “Output Fluctuations in the United States: What Has Changed since the Early 1980’s?”, American Economic Review, Vol. 90, No 5, American Economic Association, pp. 1464-1476; Stock, J. and Watson, M. (2002), “Has the Business Cycle Changed and Why?”, NBER Macroeconomics Annual, Volume 17.
2. Clarida R., Gali, J. and Gertler, M. (2000), “Monetary policy rules and macroeconomic stability: evidence and some theory”, The Quarterly Journal of Economics, Vol. 115, No 1, pp. 147-180.
3. Perron, P. and Yamamoto, Y. (2021), “The Great Moderation: Updated Evidence with Joint Tests for Multiple Structural Changes in Variance and Persistence”, Empirical Economics, Vol. 62, pp. 1193-1218; Waller, C. and Crews, J. (2016), “Was the Great Moderation Simply on Vacation?”, The Economy Blog, Federal Reserve Bank of St. Louis; and Clark, T. (2009), “Is the Great Moderation over? An Empirical Analysis”, Economic Review, Federal Reserve Bank of Kansas City, Vol. 94, Issue Q IV, pp. 5-42.
4. Stock, J. and Watson, M. (2002), op. cit. There were also other factors, such as changes in inventory management and more efficient financial markets, that are thought to have contributed to the decline in volatility. See, for example, Ahmed, S., Levin, A. and Wilson, B. (2004), “Recent U.S. Macroeconomic Stability: Good Policies, Good Practices, or Good Luck?”, The Review of Economics and Statistics, MIT Press, Vol. 86, No 3, pp. 824-832; and Blanchard, O. and Simon, J. (2001), “The Long and Large Decline in U.S. Output Volatility”, Brookings Papers on Economic Activity, Vol. 2001, No 1, pp. 135-164.
5. In 2009 volatility was already about four times higher than average volatility since 2000. Output growth volatility is defined as the eight-quarter rolling standard deviation of quarterly GDP growth rates.
6. Schnabel, I. (2020), “When markets fail – the need for collective action in tackling climate change”, speech at the European Sustainable Finance Summit, Frankfurt am Main, 28 September. In a recent survey conducted by the ECB, around 80% of firms saw increased risks of interruptions to their production because of climate change. See ECB (2022), “The impact of climate change on activity and prices – insights from a survey of leading firms”, Economic Bulletin, Issue 4.
7. European Drought Observatory, Drought in Europe, August 2022.
8. Goodhart, C. and Pradhan, M. (2020), “The Great Demographic Reversal: Ageing Societies, Waning Inequality, and an Inflation Revival”, Palgrave Macmillan.
9. Also, the number of international armed conflicts doubled from 2010 to 2020 and global military expenditure reached a new record even before the war. See Stockholm International Peace Research Institute (2022), “Environment of Peace: Security in a New Era of Risk”.
10. ECB (2019), “The economic implications of rising protectionism: a euro area and global perspective”, Economic Bulletin, Issue 3.
11. IMF (2022), “Global Trade and Value Chains During the Pandemic”, World Economic Outlook. The IMF’s estimates suggest that in the face of a large shock, greater diversification would reduce the decline in GDP by about half. Recent events in the United States illustrate these risks. Production stoppages at a key supplier of infant formula – a market in which 98% of consumption is produced domestically by just four companies – led to severe shortages, causing the administration to invoke the Defence Production Act to boost domestic production.
12. Baumeister, C. and Kilian, L. (2016), “Forty Years of Oil Price Fluctuations: Why the Price of Oil May Still Surprise Us”, Journal of Economic Perspectives, Vol. 30, No 1, pp. 139-160.
13. Balke, N., Jin, X. and Yücel, M. (2020), “The Shale Revolution and the Dynamics of the Oil Market”, Working Papers, No 2021, Federal Reserve Bank of Dallas; Schnabel, I. (2020), “How long is the medium term? Monetary policy in a low inflation environment”, speech at the Barclays International Monetary Policy Forum, 27 February.
15. Schnabel, I. (2022), “A new age of energy inflation: climateflation, fossilflation and greenflation”, speech at a panel on “Monetary Policy and Climate Change” at The ECB and its Watchers XXII Conference, Frankfurt am Main, 17 March.
16. Blanchard, O. and Galí, J. (2007), “Real Wage Rigidities and the New Keynesian Model”, Journal of Money, Credit and Banking, Vol. 39, No 1, pp.36-65.
17. In the context of the 1970s, this is sometimes referred to as the “monetary policy neglect hypothesis”. See Nelson, E. (2005), “Monetary Policy Neglect and the Great Inflation in Canada, Australia, and New Zealand”, International Journal of Central Banking.
18. Onatski, A. and Stock, J.H. (2002), “Robust monetary policy under model uncertainty in a small modelof the U.S. economy”, Macroeconomic Dynamics, Vol. 6, No 1, pp. 85-110; Giannoni, M. (2002), “Does Model Uncertainty Justify Caution? Robust Optimal Monetary Policy in a Forward-Looking Model”, Macroeconomic Dynamics, Vol. 6, No 1, pp. 111-144.
19. Brainard, W. (1967), “Uncertainty and the Effectiveness of Policy”, American Economic Review, Vol. 57, No 2, pp. 411-425.
20. Reifschneider, D. and Williams, J. (2000), “Three Lessons for Monetary Policy in a Low-Inflation Era”, Journal of Money, Credit and Banking, Vol. 32, No 4, Part 2: Monetary Policy in a Low-Inflation Environment (Nov., 2000), pp. 936-966; and Dupraz, S., Guilloux-Nefussi, S. and Penalver, A. (2020), “A Pitfall of Cautiousness in Monetary Policy”, Working Paper Series, No 758, Banque de France.
21. Söderström, U. (2002), “Monetary Policy with Uncertain Parameters”, Scandinavian Journal of Economics, Vol. 104, No 1, pp. 125-145; Coenen, G. (2007), “Inflation persistence and robust monetary policy design”, Journal of Economic Dynamics and Control, Vol. 31, No 1, pp. 111-140; and Reinhart, V. (2003), “Making monetary policy in an uncertain world”, Proceedings – Economic Policy Symposium – Jackson Hole, Federal Reserve Bank of Kansas City.
22. For forecasting errors, see ECB (2022), “What explains recent errors in the inflation projections of Eurosystem and ECB staff?”, Economic Bulletin, Issue 3. For the costs of underestimating inflation persistence, or the non-accelerating inflation rate of unemployment, see Primiceri, G. (2006), “Why Inflation Rose and Fell: Policy-Makers’ Beliefs and U.S. Postwar Stabilization Policy”, The Quarterly Journal of Economics, Vol. 121, No 3, pp. 867-901.
23. Walsh, C. (2003), “Implications of a Changing Economic Structure for the Strategy of Monetary Policy”, Proceedings – Economic Policy Symposium – Jackson Hole, Federal Reserve Bank of Kansas City. See also Walsh, C. (2022), “Inflation Surges and Monetary Policy”, IMES Discussion Paper Series, No 2022-E-12, Bank of Japan.
24. James, H. (2022), “All That Is Solid Melts into Inflation”, Project Syndicate, 5 July.
25. For the euro area, see Eurobarometer 96, Winter 2021-2022.
26. ECB (2022), “Consumer Expectations Survey”. Medium-term inflation refers to inflation three years ahead.
27. Systematic data on firms’ medium-term inflation expectations remain scarce. Recent analysis, however, suggests that firms may use price changes observed along the supply chain to form their expectations. See Albagli, E., Grigoli, F. and Luttini, E. (2022), “Inflation Expectations and the Supply Chain”, IMF Working Papers, No 22/161, International Monetary Fund.
28. Reis, R. (2022), “Inflation expectations: rise and responses”, ECB Forum on Central Banking, Sintra, 29 June.
29. Reis, R. (2021), “Losing the Inflation Anchor”, Brookings Papers on Economic Activity, Fall 2021.
30. There is abundant empirical evidence suggesting that inflation expectations are adaptive, meaning that the current long period of very high energy and food prices will shape people’s beliefs about the future. See, for example, Burke, M. and Manz, M. (2014), “Economic Literacy and Inflation Expectations: Evidence from a Laboratory Experiment”, Journal of Money, Credit and Banking, Vol. 46, No 7, October, pp. 1421-1456; Weber, M. et al. (2022), “The Subjective Inflation Expectations of Households and Firms: Measurement, Determinants, and Implications”, NBER Working Papers, No 30046, National Bureau of Economic Research; and Malmendier, U. (2022), “Experiencing inflation”, ECB Forum on Central Banking, Sintra, 29 June.
31. Clarida, R., Gali, J. and Gertler, M. (2000), op. cit.
32. The conviction behind this focus was that monetary policy could effectively deal with high inflation.
33. The choice of how much weight to put on output stabilisation will determine the optimal policy horizon. See Smets, F. (2003), “Maintaining price stability: how long is the medium term?”, Journal of Monetary Economics, Vol. 50, No 6, pp. 1293-1309.
34. Caggese, A. and Pérez-Orive, A. (2022), “How stimulative are low real interest rates for intangible capital?”, European Economic Review, Vol. 142; and Döttling, R. and Ratnovski, L. (2020), “Monetary policy andintangible investment”, Working Paper Series, No 2444, ECB.
35. Cao, G. and Willis, J. (2015), “Has the U.S. economy become less interest rate sensitive?”, Economic Review, Issue Q II, Federal Reserve Bank of Kansas City, pp. 5-36.
36. See, for example, Del Negro, M. et al. (2020), “What’s Up with the Phillips Curve?”, Brookings Papers on Economic Activity, Spring, pp. 301-357; and Ratner, D. and Sim, J. (2022), “Who Killed the Phillips Curve? A Murder Mystery”, Finance and Economics Discussion Series, No 2022-28, Board of Governors of the Federal Reserve System.
37. There are studies suggesting that the slope of the structural Phillips curve may be steeper. See Hazell, J. et al. (2020), “The Slope of the Phillips Curve: Evidence from U.S. States”, NBER Working Papers, No 28005, National Bureau of Economic Research; McLeay, M. and Tenreyro, S. (2020), “Optimal Inflation and the Identification of the Phillips Curve,” in Eichenbaum, M.S., Hurst, E. and Parker, J.A., NBER Macroeconomics Annual 2019, Volume 34, National Bureau of Economic Research; and Jørgensen, P. and Lansing, K. (2022), “Anchored Inflation Expectations and the Slope of the Phillips Curve”, Working Paper Series, No 2019-27, Federal Reserve Bank of San Francisco.
38. Schnabel, I. (2022), “The globalisation of inflation”, speech at a conference organised by the Österreichische Vereinigung für Finanzanalyse und Asset Management, Vienna, 11 May; and Forbes, K. (2019), “Inflation Dynamics: Dead, Dormant, or Determined Abroad?”, NBER Working Papers, No 26496, National Bureau of Economic Research.

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FTC says data broker sold consumers’ precise geolocation, including presence at sensitive healthcare facilities

When people seek medical care or visit other sensitive locations, they may think their presence is confidential. Little do most consumers know that if they have their phones with them, their location – for example, at a women’s health clinic, a therapist’s office, an addiction treatment center, or a place of worship – may be collected by tech companies. From there, that uniquely personal data becomes yet another commodity bought and sold in the shadowy information marketplace. An FTC lawsuit against data broker Kochava Inc. alleges that the company acquired consumers’ precise geolocation data and then marketed it in a form that allowed Kochava clients – both subscribers and prospective customers who took Kochava up on a free “sample” –  to track consumers’ movements to and from sensitive locations. The complaint charges that Kochava’s conduct is an unfair trade practice, in violation of the FTC Act.
Kochava acquires location data from other data brokers based on information collected from consumers’ mobile devices. Kochava then compiles it in customized data feeds, which it markets to commercial clients eager to know where consumers are and what they’re doing. The amount of location data Kochava has about consumers is staggering. In pitching its products, Kochava offers what it describes as “rich geo data spanning billions of devices globally,” further claiming that its location feed “delivers raw latitude/longitude data with volumes around 94B+ geo transactions per month, 125 million monthly active users, and 35 million daily active users, on average observing more than 90 daily transactions per device.”
The FTC says Kochava wasn’t kidding in describing both the breadth and the specificity of the data it sells. For example, in the Amazon Web Services (AWS) Marketplace, Kochava used this table to attract new customers:

Image courtesy of the FTC.
According to the FTC, Kochava was explaining to prospective clients that its data would link together two key pieces of information for marketers: the timestamped longitudinal and latitudinal coordinates of where a mobile device is located and its Mobile Advertising ID (MAID) – a unique identifier assigned to a consumer’s mobile device. The FTC alleges that Kochava’s location data wasn’t anonymized and, as a result, “[i]t is possible to use the geolocation data, combined with the mobile device’s MAID, to identify the mobile device’s user or owner.”
How do those tech specs translate in the sensitive contexts cited in the FTC’s complaint? It means that Kochava’s data would let customers know that Joe Jones’ cell phone (and therefore Joe Jones) entered a psychiatrist’s office or stayed at a homeless shelter or that Mary Smith visited a center that provides abortion services. According to the complaint, the information could be even more specifically tied to an individual: “[I]t is possible to identify a mobile device that visited a women’s reproductive health clinic and trace that mobile device to a single-family residence. The data set also reveals that the same mobile device was at a particular location at least three evenings in the same week, suggesting the mobile device user’s routine.”
Compounding that concern is the FTC’s allegation that Kochava sold access to its data feeds on publicly accessible information marketplaces and, until just recently, even made free samples available with what the FTC describes as “only minimal steps and no restrictions on usage.” According to the complaint, to gain access to a sample, a potential customer could use an ordinary personal email address and describe their intended use with something as generic as “business.” And let’s be clear: the sample was much more than a smattering. The FTC says it consisted of a seven-day subset of the paid data feed. Converted to a spreadsheet, the sample allegedly filled 327,480,000 rows and 11 columns of data, corresponding to over 61,803,400 mobile devices. According to the complaint, even the free sample included highly sensitive data: “In fact, the Kochava Data Sample identifies a mobile device that appears to have spent the night at a temporary shelter whose mission is to provide residence for at-risk, pregnant young women or new mothers.”
You’ll want to read the complaint for details, but another troubling allegation is that, according to the FTC, “Kochava employs no technical controls to prohibit its customers from identifying consumers or tracking them to sensitive locations. For example, it does not employ a blacklist that removes from or obfuscates in its data set location signals around sensitive locations, such as women’s reproductive health clinics, addiction recovery centers, and other medical facilities.”
From the FTC’s perspective, the injury to consumers is substantial, given that Kochava’s disclosure of highly sensitive information – for example, that a person may be considering an abortion, seeking mental health care, or attending a particular house of worship – could subject them to stigma, stalking, discrimination, job loss, and even physical violence. What’s more, consumers could hardly be expected to take steps to avoid those injuries since they didn’t know Kochava was trafficking in their information in the first place.
The one-count complaint, which is pending in federal court in Idaho, charges that Kochava’s sale, transfer, or licensing of precise geolocation data associated with unique persistent identifiers that reveal consumers’ visits to sensitive locations is an unfair practice, in violation of the FTC Act.
Author:

Lesley Fair

Compliments of the Federal Trade Commission.
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Statement from the Commission on clarifications discussed with Germany regarding investment protection in the context of the CETA agreement

Brussels, 29 August 2022 |
The EU and Canada are trusted and like-minded partners that share the same goals when it comes to promoting open, sustainable and fair trade. Our EU-Canada Comprehensive Economic and Trade Agreement (CETA) aims to support our common objective of climate protection. In this context, the European Commission has engaged in constructive discussions with the German Federal Government to prepare a text that clarifies certain provisions in CETA. The result of these technical discussions is a more precise definition of the concepts of ‘indirect expropriation’ and ‘fair and equitable treatment’ of investors. The aim is to ensure that the parties can regulate in the framework of climate, energy and health policies, inter alia, to achieve legitimate public objectives, while at the same time preventing the misuse of the investor to State dispute settlement mechanism by investors.
The new draft text agreed by the Commission and the Federal Government provides legal certainty and it now needs to be supported by all other EU Member States. Once this is the case, we will consult our Canadian partners so that the new definitions can be adopted by the CETA Joint Committee as soon as possible.
Download the statement on CETA agreement here
Contact:

Miriam GARCIA FERRER | miriam.garcia-ferrer@ec.europa.eu

Compliments of the European Commission.
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International Cooperation on Civil Justice

In parallel with the adoption of EU instruments in the area of civil and commercial law, the EU’s exclusive external competence to negotiate and conclude international conventions has also increased. As a result, the EU (represented by the Commission) has gradually replaced Member States internationally. Where the EU cannot be formally a Contracting Party to an international Convention (because the participation of regional/international organisations is not foreseen in the convention), the EU exercises its competence through its Member States.
The EU promotes multilateral conventions in its relations with third countries in order to rely on a common legal framework on a wide range of issues. The aim is to enhance EU values, promote trade and protect EU citizens and businesses at the global level. The main international partner of the EU on civil justice cooperation is the Hague Conference on Private International Law, of which the EU is a full Member since 2007. Other relevant organisations are Uncitral (United Nations Commission on International Trade Law) and Unidroit (International institute for the unification of private law), where the EU has an observer status. Conventions developed by these international organisations cover issues such as child protection ( in particular  child support and  prevention of child abduction), choice of court, recognition and enforcement of foreign judgments, security interests, insolvency or protection of vulnerable adults.
So far, four major multilateral conventions have been negotiated by the Commission on behalf of the Union: the Lugano Convention with Norway, Switzerland and Iceland on jurisdiction, recognition and enforcement of judgments in civil and commercial matters basically extending the Union’s system to these three countries; the 2007 Hague Child Support Convention (ratified  by the EU in 2014) and its Protocol on applicable law (concluded in 2010) ensuring the protection of children and spouses in need to maintenance beyond the EU’s borders; the 2005 Hague Choice of Court Convention, ratified  by the EU in 2015, which ensures that a court chosen by parties is respected and the resulting judgment is recognised and enforced and the 2019 Hague Judgments Convention, which sets up a comprehensive system for the recognition and enforcement of foreign judgments in civil or commercial matters.
The Commission has proposed on 16 July 2021 that the EU accedes to the Judgments Convention. The Council adopted the decision on accession on 12 July 2022 and the EU joined the Judgments Convention on 29 August of the same year. The EU accession to this convention aims at facilitating the recognition and enforcement of judgments given by courts in the EU in non-EU countries, while allowing foreign judgments to be recognised and enforced in the EU only where fundamental principles of EU law are respected.
Compliments of the European Commission.
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State aid: EU Commission approves Italian market conform scheme to manage publicly guaranteed loans

The European Commission has found Italy’s plan to enable the transfer of certain State guaranteed loans to a newly created platform managed by AMCO S.p.A. to be free of any State aid.
The Commission found that, under the scheme, the Italian State will be remunerated in line with market conditions. It also found that the sale of the loans to the platform managed by AMCO as well as any potential new loans granted by it will be carried out on market terms.
Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “This scheme will enable Italy to maximise the recovery of loans while reducing the impact of the existing State guarantees on the national budget and the effects on the borrowers with good prospects of viability. This is an important step towards recovery for the Italian economy, while ensuring that competition is not distorted.”
The Italian measure
AMCO is a full-service credit management company whose voting shares are fully owned by the Italian Ministry of Economy and Finance. It has set up a platform to (i) centralise the management of loans, (ii) maximise their long-term value and (iii) limit the payments from Italy due to the possible triggering of the State guarantees.
Italy notified the Commission of its intention to allow banks to transfer off their balance sheets around €12 billion in two types of loans: (i) loans benefitting from a State guarantee initially approved under the State aid Temporary Framework in April 2020 (SA.56966); and (ii) unguaranteed loans of either the same debtors or connected ones. The economic and legal terms of the State guarantees, namely their duration, coverage and premiums, will remain as initially approved by the Commission.
Under the scheme, the loans will first be transferred from the banks to AMCO’s platform. The price for those loans will be based on private investors’ bids. In return for the transferred loans, investors, which may include the originating banks, will receive notes.
If the originating banks decide to retain all notes, the price will be agreed among all banks, ensuring that no beneficial pricing will be set for any portfolio of loans. Additionally, the price will be independently verified by a third-party evaluator. In any case, AMCO will not buy any of these notes.
Once these loans are on the platform, AMCO will be responsible for managing them. While AMCO will focus on more complex loans, it will cooperate with private servicing companies for smaller loans portfolios. AMCO’s remuneration for these services has been benchmarked against comparable transactions for which data was available in the Italian market.
AMCO also may provide new financing to some of the borrowers, which must be viable companies that only face temporary difficulties. Such loans will be provided by AMCO alongside financing from private operators under the same terms and conditions.
Finally, AMCO may provide short-term liquidity assistance to the platform to cover mismatches between the inflows from the loans and the required payments for the notes. These loans will be remunerated with an interest rate that is in line with market benchmarks.
The Commission’s assessment
The Commission assessed the scheme under EU State aid rules, in particular Article 107(1) of the Treaty on the Functioning of the European Union (‘TFEU’).
Under EU State aid rules, if a Member State intervenes as a private investor would do and is remunerated for the risk assumed in a way a private investor would accept, then such an intervention does not constitute State aid.
In this case, the Commission found that the transfers of the loans as well as AMCO’s services will be carried out on market terms, i.e. in a manner that would be acceptable for a private operator. This is in particular ensured by the following elements:

First, the price of the loans transferred to the platform will be established through a mechanism driven by private investors via an open and competitive process. If the notes are retained by the originating banks, the price will also be set in line with market conditions, through an independently verified system. Finally, any public investor will be accepted as note holder only under the same terms and conditions as private investors.
Second, the remuneration for the management of the loans will be benchmarked to the fees negotiated by asset management companies in comparable transactions on the market, ensuring a sufficient level of profitability. Any sub-servicers will be selected through an open tender procedure to exclude any advantages.
Third, the new financing provided by AMCO to borrowers will be at the same rate that private operators would offer. As regards the liquidity assistance, the pricing charged for these loans is based on a methodology that takes into account the risk taken by AMCO and leads to a remuneration in line with market conditions.

On this basis, the Commission approved the Italian measure under EU State aid rules.
Background
The EU Treaty is neutral when it comes to public versus private ownership. Under EU State aid rules, if a Member State chooses to intervene as a private investor would do, and is remunerated for the risk assumed in a way a private investor would accept, such an intervention does not constitute State aid and falls outside of EU State aid control. The choice of the type of intervention lies with the Member State and it is always the decision of the Member State whether to grant any State aid. The Commission, as the body responsible for EU State aid control, has to ensure that any measure implemented is in line with EU rules.
The non-confidential version of this decision will be made available under the case number SA.64169 in the State Aid Register on the competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the Competition Weekly e-News.
Compliments of the European Commission.
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Antitrust: EU Commission publishes market study on hotels’ distribution practices

The European Commission published today the results of an external market study on the distribution practices of hotels in the EU.
The market study was conducted in 2021 and covers the period between 2017 and 2021. It focused on a representative sample of six Member States (Austria, Belgium, Cyprus, Poland, Spain and Sweden). The study aimed to:

obtain up-to-date facts on hotels’ distribution practices, following up on a similar monitoring exercise carried out by the European Competition Network (ECN) in 2016;
establish whether hotels’ distribution practices differ between Member States;
identify any changes in hotels’ distribution practices, as compared to the results of the ECN monitoring exercise of 2016;
find out whether laws banning the use of wide and narrow parity clauses by online travel agents in Austria and Belgium have led to changes in hotels’ distribution practices in those Member States. Parity clauses prevent hotels from offering better conditions on sales channels other than the website of the online travel agent with which the hotel has a contract. Wide parity clauses relate to the price and other conditions offered by the hotel on all other sales channels, whereas narrow parity clauses relate only to the prices published by the hotel on its own website.

The main results of the market study
The results of the market study do not indicate any significant change in the competitive situation in the hotel accommodation distribution sector in the EU compared to 2016. In particular:

  Online travel agencies (‘OTAs’) account for 44% of independent hotels’ room sales, a slight increase relative to 2016.
  Booking.com and Expedia remain the leading OTAs for hotel bookings and there is no sign of significant changes in OTA market shares or of new OTA entry.
  The commission rates paid by hotels to OTAs appear to have remained stable or slightly decreased.
  The level of room price and room availability differentiation applied by hotels both between different OTAs and between the hotels’ own websites and OTAs appears to have decreased.
  It appears that some OTAs use commercial measures, such as improved/reduced visibility on the OTA website, to incentivise hotels to give them the best room prices and conditions.
  The relative importance of hotel sales channels (online/offline, direct/indirect) differs to some extent between Member States, but there appear to be no significant differences in the conditions of OTA competition.
  Laws in Austria and Belgium banning the use of wide and narrow OTA parity clauses in the hotel sector do not appear to have led to material changes in hotel distribution practices, relative to the other Member States covered by the study.

The Commission consulted the EU National Competition Authorities (‘NCAs’) on the design of the market study and has discussed the results of the study with them.
Next steps
The results of the study will be taken into account by the Commission and NCAs in their ongoing monitoring and enforcement work in the hotel accommodation distribution sector.
The Digital Markets Act (‘DMA’), which is expected to enter into force in the autumn may also have an impact on competition in the hotel accommodation distribution sector. The DMA aims to ensure that platform markets are contestable and that gatekeeper platforms offer fair terms to business users. The DMA prohibits gatekeeper platforms from using wide or narrow retail parity clauses or equivalent commercial measures. The process for designating gatekeeper platforms will begin once the DMA becomes applicable, six months after entry into force.
Background
The distribution of hotel accommodation has been the subject of several antitrust and legislative interventions in recent years.
Since 2010, several NCAs have investigated the use of retail parity clauses by OTAs in their contracts with hotels. Wide retail parity clauses prevent the hotel from offering better room prices or increased availability on any other sales channel. Narrow retail parity clauses allow the hotel to offer better room prices on other OTAs and for offline sales, but prevent the hotel from publishing better prices on its website. As a result of these national investigations, in April 2015, the French, Italian and Swedish NCAs accepted binding commitments from Booking.com to change its wide retail parity clauses to narrow parity clauses throughout the European Economic Area (‘EEA’) for a period of five years. In August 2015, Expedia also decided to change its retail parity clauses from wide to narrow throughout the EEA. In December 2015, the German NCA prohibited Booking.com’s narrow parity clauses. Following an appeal by Booking.com, this decision was ultimately upheld by the German Supreme court.
Between 2015 and 2018, France, Austria, Italy and Belgium adopted laws banning the use of wide and narrow retail parity clauses by OTAs in the hotel sector.
In 2016, a group of ten NCAs and the Commission conducted a monitoring exercise in the hotel booking sector, to measure the effects of the changes to OTA parity clauses resulting from these regulatory interventions.
In February 2017, based on the results of the monitoring exercise, the ECN decided that the competition remedies already adopted should be given more time to produce effects and that the competitive situation would be re-assessed in due course.
In 2020, Booking.com and Expedia informed the Commission and NCAs that they would continue to refrain from using wide retail parity clauses throughout the EEA until at least June 2023.
In May 2022, the Commission adopted the new Block Exemption Regulation for Vertical Agreements (‘new VBER’), which provides a safe harbour for certain vertical agreements, and the accompanying Vertical Guidelines. Wide retail parity clauses used by online platforms are excluded from the new VBER’s safe harbour. However, other types of parity clause, including narrow retail parity clauses, continue to benefit from the safe harbour. The Vertical Guidelines provide guidance for companies on the application of the new VBER to parity clauses and on the assessment of parity clauses in individual cases falling outside the safe harbour.
Compliments of the European Commission.
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