Saturday, 8 February 2014

Court battle: German court rejects JS Bank’s claims

Transparency International is an association under the German law which is distinct from its national chapters. PHOTO: FILE
ISLAMABAD: 
A German court, following a hearing on January 21, has quashed its own injunction and rejected the claims of JS Bank Limited against Transparency International EV and ordered JS Bank to bear the costs of the proceedings.
According to a press release, earlier Transparency International was facing in December 2013 an injunction from the German court, which was issued at the request of JS Bank and intended to restrain Transparency International from making or disseminating certain allegations concerning the bank in relation to a letter published on the website of Transparency International Pakistan.
Transparency International is an association under the German law which is legally, organisationally and financially distinct from its national chapters which, among others, include Transparency International Pakistan.
According to reports in December, JS Bank had won a preliminary injunction against Transparency International in Germany, restraining the latter from claiming and/or distributing or, respectively causing others to claim and/or distribute, with reference to JS Bank and its purchase of Pakistan operations of HSBC Bank, that HSBC received any payment regarding this transaction and that such payments may have been illegal as falsely claimed by TI Pakistan in a letter to the Governor of the Bank of England subsequently published on the Pakistan website.
In case of non-compliance with this injunction, Transparency International may face a fine of up to 250,000 euros or imprisonment. This preliminary injunction was granted by the District Court of Berlin without hearing Transparency International.
Later, Transparency International filed an objection against the injunction and a hearing took place in January.

Back on track: Engro Fert back in black with Rs5.49b profit

Sales of the company jumped by a significant 64% to Rs50.12 billion compared to Rs30.62 billion in 2012. PHOTO: FILE
KARACHI: 
Engro Fertilizer − part of Pakistan’s largest conglomerate Engro Corp − returned to profit and posted net earnings of Rs5.49 billion for the year ended December 31, 2013 compared to a loss of Rs2.93 billion in the previous year.
Earnings per share (EPS) rose to Rs4.66 against a loss per share (LPS) of Rs2.59 in the previous year.
Sales of the company jumped by a significant 64% to Rs50.12 billion compared to Rs30.62 billion in 2012.
The growth in earnings is primarily attributable to better production at Engro’s Enven plant, which was shifted to the Mari gas system. Moreover, gas supply from Guddu gas field increased after July 2013.
According to Engro, both plants of the company run at around 80% of capacity for most part of the second half (July-December) of the year. It is because of this reason that Engro reported urea off-take at 1.56 million tons, up 66% compared to 0.94 million tons in 2012.
 photo 23_zps4919cc31.jpg
Owing to continuous operations since July, higher operational efficiencies enhanced gross margins by 12 percentage points to 44% in 2013 from 32% a year earlier.
Moreover, other income increased two times to Rs1.1 billion while financial charges dropped 19% to Rs8.7 billion, lending support to the bottom line of the company.
On a quarterly basis, profit stood at Rs2.3 billion (with EPS at Rs1.74) in the fourth quarter compared to profit of Rs43 million (with EPS at Rs0.03) in the same quarter of 2012.
With improved profitability, the company recently decided to go for an initial public offering (IPO), which was oversubscribed four times.
In 2013, the urea industry grew 13% after a downturn in 2012. Urea production jumped to 5.90 million tons in 2013 compared to 5.23 million tons in 2012.
This growth was mainly attributable to the better conditions of major crops while weather also remained favourable, casting a positive impact on urea demand

Still strong: Cherat Cement posts profit despite drop in exports

Drop in demand in Afghanistan and India has hurt exports of the entire sector. PHOTO: REUTERS/FILE
KARACHI: 
Cherat Cement posted a profit after tax of Rs710 million in the six months ended December 31, 2013, up 17% compared to Rs607 million in the corresponding period of previous fiscal year.
Earnings per share (EPS) jumped to Rs7.43 compared to Rs6.35 earlier. The company announced a cash dividend of Rs1 per share.
On a quarterly basis, Cherat Cement recorded a profit of Rs437 million, or EPS of Rs4.57, in the quarter ended December 31, 2013 compared to Rs339 million or EPS of Rs3.54 in the corresponding quarter of previous year.
 photo 24_zps0790995b.jpg
In fiscal year 2012-13 (FY13), the company had reported a record profit of Rs1.22 billion, up 181% from Rs436 million in FY12.
Cherat is a small-cap cement company with a capacity of 1.1 million tons, but it has an added advantage of being close to the Afghan border. Its factory is located near Nowshera, Khyber-Pakhtunkhwa, which was built on a land bordering Cherat Hills − the company’s source of high-quality limestone.
This gives it an edge in exports to Afghanistan and India, two of the cement industry’s major export destinations.
Like other cement manufacturers, Cherat Cement made significant gains in the last two years because of a considerable increase in cement prices and low international coal prices.
However, like other manufacturers in the north of Pakistan, the recent decline in exports to Afghanistan and India due to security and political uncertainties is causing trouble for the company.
 photo 25_zps4a2a9ec1.jpg
Demand in Afghanistan also diminished recently as Nato forces began the drawdown. Moreover, continuous availability of cheaper Iranian cement in Afghanistan is also giving Pakistani cement makers tough time.
Along with Afghanistan, a slowdown in the Indian economy, coupled with non-tariff barriers, also led to reduced demand for cement in India.

US ends probe of Samsung's use of essential patents


WASHINGTON: The US Justice Department will close its investigation into Samsung Electronics' use of a special class of essential patents to attack rivals but would keep monitoring related patent litigation, it said on Friday.
Samsung had filed a patent infringement complaint against Apple at the US International Trade Commission and won an order in June 2013 banning the sale of some older iPhones and iPads in the United States. Samsung and Apple are the No. 1 and No. 2 smartphone makers, globally.
One of the patents involved in the case was a so-called standards-essential patent (SEP), a class of patents that ensure different devices can work together and are expected to be widely licensed.
The Justice Department and the US Patent and Trademark Office have argued that sales bans imposed as punishments for infringing on these patents should be done only in very rare cases.
Otherwise, patent holders "could use the threat of an exclusion order to obtain licensing terms that are more onerous than would be justified by the value of the technology itself," the Justice Department said.
The ITC's sales ban on Apple devices was overturned in August by the Obama administration, citing the effects on US consumers and the economy.
Based on that action, a Justice Department investigation was unnecessary, the department said.
"The Antitrust Division is therefore closing its investigation into Samsung's conduct, but will continue to monitor further developments in this area," the division said in a statement.
Representatives of Samsung and Apple declined to comment on the decision.
Apple, which revolutionized the smartphone, and Samsung, which makes mobile phones based on Google's Android software, have fought tooth-and-nail over patents in more than 10 countries, seeking a competitive edge.
Heading into another patent trial due to start in March, Apple's chief executive, Tim Cook, and his Samsung counterpart, Kwon Oh-hyun, have agreed to a mediation session by February 19.

Germany sends ECB’s anti-crisis measure to EU Court


FRANKFURT: Germany’s top court voiced doubts Friday about the European Central Bank’s bond-buying programme, credited with calming the eurozone crisis, and sent the case to the European Court of Justice.
The EU Commission in Brussels welcomed the decision and experts suggested the move could actually be good for the euro.
A rejection by the Constitutional Court would remove a key tool from the ECB’s arsenal and risk ratcheting up tensions again as bailed-out eurozone states try to return to the debt markets.
Back in September 2012, the Constitutional Court had overruled a number of legal challenges by a group of eurosceptics to the two key eurozone crisis tools — the European Stability Mechanism (ESM) and the European fiscal pact.
As a result, German President Joachim Gauck was able to sign those two crisis tools into law. But the eurosceptics also filed a last-minute challenge to the ECB’s OMT bond purchase programme, arguing that it overstepped the central bank’s mandate and was tantamount to printing money to pay countries out of their debt.
The Outright Monetary Transactions programme — under which the central bank can theoretically buy up unlimited amounts of the sovereign debt of crisis-ridden countries — was unveiled by ECB chief Mario Draghi in August 2012.
While it has never actually been put into use so far, its mere existence has proven to be the most effective weapon against the crisis and largely defused fears of an imminent break-up of the eurozone.
The German constitutional court, based in Karlsruhe, said it would issue its final ruling on the ESM on March 18.
But it also decided to consult the European Court of Justice with regard to the OMT because the ECB as a European body comes under the jurisdiction of the Luxembourg-based court.
It is the first time that the constitutional court has made such a referral.
In the court’s opinion, “there are important reasons to suggest that it goes beyond the ECB’s monetary policy mandate and infringes on the powers of the member states and contravenes the ban on monetary deficit financing,” it argued.
Nevertheless, the court said it “believes it is possible” that limitations could be applied to the OMT programme in such a way as to make it compatible with EU law.
ECB acting ‘within its mandate’
Observers said the decision could actually be good for the euro, because the ECJ as a European body was unlikely to overturn an anti-crisis measure that has been instrumental in restoring calm to the markets.
“It’s the solution we wanted,” one source told AFP.
The EU Commission in Brussels welcomed the move.
“The Commission has stated on more than one occasion that it is confident that the ECB is exercising its mandate in full independence, and acts in conformity with EU law,” said Simon O’Connor, spokesman for the EU’s commissioner for economic and monetary affairs, Olli Rehn.
The ECB, too, insisted once again that the OMT programme “falls within its mandate”.
ING DiBa economist Carsten Brzeski said the announcement “could either be a sign that the court has reached its legal limits on European issues or that the issue is so tricky and touchy that it is better to pass it on”.
In the short term, the news could reduce market tensions.
“But not entirely. It is not a given that the European Court of Justice will only rubber-stamp the OMT programme,” Brzeski warned.
By contrast, Natixis economist Johannes Gareis thought it “very unlikely that the European Court will rule against the ECB’s bond-buying programme”.
Commerzbank economist Michael Schubert agreed.
“We assume that the European court will not share the constitution court’s misgivings about the OMT programme, so that it will continue to be available to the ECB as a crisis tool,” Schubert said.
But Bert van Roosebeke, a banking expert at Freiburg-based think tank the Centre for European Policy, said it was “completely up in the air how the European court will rule” and that a ruling could take months.
In Berlin, the Finance Ministry said it “respectfully takes note of the constitutional court’s decision”.—AFP

Iraq to auction 3G licenses for at least $307 million each


BAGHDAD: Iraq plans to auction third-generation (3G) telecommunications licenses for a minimum of $307 million each, sources familiar with the matter said, a move that could allow new entrants into the sector but slow the rollout of mobile Internet services.
The country did not have a mobile phone industry under Saddam Hussein but the sector expanded rapidly after the 2003 US-led invasion which toppled the dictator.
Yet revenue growth has stagnated in recent years, largely because the government delayed permission for the three national operators - Zain Iraq, a unit of Kuwait's Zain, Ooredoo subsidiary Asiacell and Orange affiliate Korek - to launch 3G services.
The hold-up has persisted for several years, but last week the Council of Ministers agreed in principle to auction 3G licenses for a minimum price of $307 million, Ahmed Alomary, a former commissioner at the Communications and Media Commission (CMC), told Reuters.
A government source, who declined to be named because of the sensitivity of the issue, confirmed this.
The Council refused a request from the CMC to grant the 3G licenses automatically to the three existing mobile operators, the sources said, because the Council believes that would be contrary to the regulator's statutes.
An open auction could potentially allow new entrants into Iraq's telecommunications sector, although the prospect of building out a network from scratch in crisis-torn Iraq may limit interest, and the process could slow the introduction of 3G services.
The government source said no time frame had been set for the auction, and it would take considerable time to study and decide on an auction mechanism. "I doubt it will happen this year."
The $307 million minimum price has not been set in stone. "The price is more of a shot in the dark to see what the reaction is," the source added.
The current operators each paid $1.25 billion for their 2G licenses in 2007 and had argued they should not pay any more to launch next-generation services; 3G would allow for faster mobile Internet access, allowing users to access web-based videos or other data-heavy applications.
 
"Mobile services have been the big success story of telecoms in post-war Iraq,"
said Paul Budde, managing director of Sydney-based telecommunications consultancy BuddeCom.
"The market has grown very quickly, partly due to the lack of fixed-line service. With mobile penetration reaching levels indicative of a maturing market, mobile data is the next revenue growth opportunity for the mobile sector."
Iraq's fixed-line network is limited; the country had 300,000 fixed-line broadband subscribers and 1.9 million landlines in 2013, according to BuddeComm. So mobile may in future become the primary way for Iraqis to access the Internet, although Internet cafes are a popular means to get online.
About 3.4 million Iraqis, or 10 percent of the population, now use the Internet, while mobile phone penetration is 81 percent, BuddeComm estimates.
Mobile phone operators had wanted the government to provide 3G licenses and frequency for free or at minimal cost, arguing their 2G licenses were much more expensive than even those in Europe when factors such as gross domestic product, population and revenue-per-user were considered.
Charging for 3G licenses and spectrum would hurt operators' ability to roll out 3G services, as they could have put this money towards boosting networks and expanding coverage, said an industry source who declined to be identified.
"In Iraq it's like Africa and other countries where the infrastructure suffered for whatever reason - mobile is the fastest way to get people onto the Internet," this source said.
"But it depends on how the government feels, does it want to get cash or do they want to accelerate Internet access?"

Was Microsoft smart to play it safe with CEO pick?


REDMOND: After compiling a list of more than 100 CEO candidates, Microsoft settled on Satya Nadella a home-grown leader who joined the software maker in the early 1990s. That's back when Google's founders were teenagers and Facebook CEO Mark Zuckerberg was in elementary school.
Tuesday's hiring of Nadella as Microsoft's CEO after a five-month search is a safe move that's likely to be greeted with sighs of relief around the company's Redmond, Washington headquarters, industry analysts say. But the methodical, almost predictable decision is likely to reinforce perceptions that Microsoft is a plodding company reluctant to take risks as it competes against younger rivals who relish going out on a limb.
While Google founder and CEO Larry Page boasts about his company taking "moon shots" and Zuckerberg promises to "move fast and break things," Microsoft has fallen behind the technological curve after underestimating the importance of Internet search more than a decade ago and reacting too slowly to the rise of mobile devices during the past seven years. Meanwhile, the sales of personal computers running on Microsoft's Windows software are shrinking.
Microsoft's malaise may have narrowed the field of up-and-coming visionaries interested in running a company founded in 1975.
Just as Microsoft founder Bill Gates and Apple Inc. founder Steve Jobs would never have considered working at IBM in the 1980s, today's entrepreneurial whiz kids scoff at Microsoft's overtures.
 
"Going to work at Microsoft could make it look like you are going back to the dark ages,"
says Richard Metheny, a management coach for the executive search firm Witt/Kieffer in Chicago. "It's a well-entrenched business that has had trouble lately figuring out how to play in this new world."
Despite its challenges, Microsoft remains a moneymaking machine that sits atop an $84 billion cash pile. That alone should have been enough to tempt technological sharpshooters to take a shot at turning around the company, says Dennis Carrey, vice chairman of executive recruiting firm Korn Ferry and co-author of the book, "Boards That Lead."
Microsoft "is like a car that still has a full tank of gas, but it's just an old model,"Carrey says. "There are a lot of great tech executives who yearn for that kind of challenge, especially with a bucket of cash to make acquisitions and do some really fun, cool stuff."
A Microsoft resurgence is entirely possible. IBM famously bounced back during the 1990s after hiring an outsider, former packaged food and financial services executive Louis Gerstner, to impose the most wrenching changes in that company's history.
Unsurprisingly, Microsoft described Nadella as the best person to intensify the company's focus on blending software and gadgets with cloud computing - a term broadly used to describe the concept of delivering applications and other services over the Internet.
Nadella, 46, wins praise from analysts and colleagues for his technical expertise, affability and deep knowledge of Microsoft's culture and disparate divisions. He has spent the last 22 years at the company, working in jobs that gave him insight into cloud computing, data centers, Internet search and video game consoles.
But Nadella also has a major handicap: He is a remnant of the same management team that led Microsoft astray during previous CEO Steve Ballmer's 14-year reign.
"As Microsoft continues down the right lane of the highway at 55 mph with its new CEO in hand, the fear among many investors is that other tech vendors from social, enterprise, mobile, and the tablet segments continue to easily speed by the company in the left lane of innovation and growth," FBR analyst Daniel Ives wrote in a Tuesday research note.
Microsoft's stock dipped 13 cents to close at $36.35 Tuesday after Nadella was anointed as CEO. The stock fell by more than 30 percent during the Ballmer era.
Given the stock's poor performance and the challenges facing the company, it probably would have made more sense for Microsoft's board to hire an outsider as CEO, says long-time technology analyst Patrick Moorhead.
John Thompson, the Microsoft board member who oversaw the CEO search, made it clear that the company did an exhaustive search. In a blog post late last year, Thompson disclosed that the board initially identified more than 100 prospects before whittling the field to about 20 people who are "all extremely impressive in their own right." With the search complete, Thompson is now replacing Gates as Microsoft's chairman.
Speculation on Microsoft's list of external candidates centered on Ford Motor CEO Alan Mulally, Qualcomm executive Steve Mollenkopf, Facebook Chief Operating Officer Sheryl Sandberg, former Microsoft executive Paul Maritz and VMware CEO Patrick Gelsinger.
But analysts and executive search specialists say Microsoft may have had difficulty winning over outsiders because of the specter of Gates and Ballmer, the previous CEOs who sculpted the company into what it is today.
Although he is relinquishing the chairman's role, Gates will remain on Microsoft's board along with Ballmer. The two men collectively own a roughly 8.5 percent stake in Microsoft, investments that could be used to amplify their voices even more.
The lingering presence of Gates and Ballmer could have prompted any outside CEO candidate to fear that new ideas might face resistance from an influential old guard, Metheny says.
Microsoft could have stolen a page from Yahoo's playbook when it raided the ranks of rival Google to hire Marissa Mayer as its CEO in 2012. That decision has mostly worked out for Yahoo, though the company still hasn't been able to boost its revenue under Mayer.
There was some speculation that Microsoft might be interested in hiring Sundar Pichai, a respected Google executive in charge of the company's Android and Chrome operating systems.
But it's likely that Microsoft would have had trouble persuading a Silicon Valley star to become its CEO. That's because much of Silicon Valley dismisses Microsoft's products as too complicated and expensive. There is also still a residue of resentment from the late 1990s when Microsoft's aggressive attempts to thwart the growth of Web browser pioneer Netscape Communications instigated an antitrust case, a suit filed by the US Justice Department at the urging of a Silicon Valley coalition.
"When it came down to it, I don't think the Microsoft board could find the CEO that fit the profile it really wanted from outside the company," Moorhead says.
Once Microsoft decided to take the insider route, Nadella emerged as an obvious choice, Korn Ferry's Carey says.
 
"Only history will tell us whether it was the right choice."