Rescuing Icarus: the European Commission's approach to dealing with failing firms and sectors in distress
In Greek mythology, Icarus is given wings made of feathers and wax by his father as a means to escape exile. Experiencing flight for the first time ashe makes his escape, Icarus dares to fly too near the sun despite his father's warnings not to do so. His wax wings melt in the heat and Icarus consequently plunges to his death in the sea. The Commission is faced with a challenging task when dealing with firms in financial distress, some of them with falls befitting Icarus. This article focuses on three such concrete situations that the Commission has to manage: the “Failing Firm Defence” in merger control cases, restructuring agreements in declining sectors (also called “crisis cartels”) assessed under Article 101 TFEU, and undertakings’ inability to pay fines under point 35 of the Fining Guidelines. In all three situations, the Commission carries out a similar assessment of the financial health of the “failing” firm or sector, and in each case, the Commission's approach is rather formalistic. While the Commission advocates the same public policy concern across the board, namely to protect competition in a market, the criteria aimed at doing this are set out slightly differently in each of the three situations. The aim of this article, however, is not to argue for a more relaxed approach to competition policy as the standard, but rather for a more refined pragmatism that would also be more aligned to the effects-based competition enforcement adopted by the Commission in recent years.
- Research Article
- 10.31703/gssr.2018(iii-i).02
- Mar 30, 2018
- Global Social Sciences Review
This study looks into the potential effect of foreign exchange exposure elasticity (FEEE) on the financial distress of non-financial firms from an emerging country (Pakistan) and a developed country (USA) during 2003-2015. It employs mixed methodology in which a comprehensive quantitative analysis is made from the panel data of the sample companies from both countries (Pakistan and USA). Subsequently, views of Chief Finance Officers (CFOs) of different companies are given. Results show that the effect of foreign exchange exposure is not statistically significant on the financial distress of Pakistani firms at contemporaneous level but it has positive significant effect at lagged level. Results also show that at gross exposure level, foreign exchange exposure of US manufacturing firms has a significantly positive effect on their financial distress contemporaneously but not at net market level. In case of US non-manufacturing firms, the foreign exchange exposure elasticity does not impact significantly on the Z-Score at gross exposure level. But the market model shows a weak significant effect of the FE Exposure on the distress of such firms in USA at relatively higher significance level. The firms fundamental attributes except foreign sales exhibit a significant effect on the financial distress. Only debt has negative coefficient which describes a positive effect on the financial distress. The findings have notable implications for the financial stability of the firms, especially in Pakistan.
- Research Article
5
- 10.2139/ssrn.1694216
- Oct 20, 2010
- SSRN Electronic Journal
Financial Distress and the Value Premium
- Research Article
1
- 10.1108/raf-07-2023-0212
- Apr 19, 2024
- Review of Accounting and Finance
PurposeThis study aims to analyze the effect of cognitive load and social value orientation on managers’ preferences when they face with two types of restructuring choices in financially distressed firms: the first belonging to the family of organizational restructuring (massive layoffs) and the second to the family of financial restructuring (debt increases).Design/methodology/approachThe authors investigate experimentally the impact of managers’ cognitive load and social value orientation on the decision to restructure leveraged buyout (LBO) firms in financial distress by using either massive layoffs or debt increases.FindingsBy investigating the impact of managers’ cognitive load and social value orientation on the restructuring decision of an LBO firm in financial distress, the research reveals that, on average, cognitively loaded managers prefer massive layoffs over increased debt levels. The massive layoffs seemingly provide a relatively easier way to avoid conflict with influential, residual claimants. In contrast, social value–oriented managers actively avoid massive layoffs and prefer to increase debt.Research limitations/implicationsThese results imply that the performance mechanisms emphasized to improve agency relations, for example, in LBOs, have their own limitations during periods of financial distress. This study shows that one of these limits is related to cognitive distortions and personality traits.Originality/valueIn this research, the originality lies in understanding how managers’ internal factors affect their restructuring decision-making, in the case of LBO firms in financial distress.
- Conference Article
1
- 10.1109/smartblock4health56071.2022.10034517
- Oct 24, 2022
The firm's financial distress is an unwanted situation that needs to be overcome timely, otherwise, it leads to business failure. This study examines the influence of transparency and disclosure (TD) on financial distress (FD) using inventory as a moderator. This study used secondary data from CMIE Prowess database for the five years from 2016 to 2020 of BSE100 listed firms. This study has used the panel data analysis (PDA) method for data analysis. The result of this study states that transparency and disclosure (TD) have a negative significance on financial distress under the influence of inventory in health firms in India. The findings provide key implications for managers, and policymakers to entertain the inventory and T &D on a serious node to improve the firm's FD in the health industry. Investors should also consider inventory and T &D as important segments for the firm's FD to have informed decisions. This study contributes substantially to the existing literature to provide insights on T &D, inventory, and firm FD. There exists no such study, hence it provides novel evidence on the association of T&D with firm's FD of Indian health firms considering inventory as moderator.
- Research Article
172
- 10.1111/j.1755-053x.2012.01182.x
- Mar 1, 2012
- Financial Management
This paper studies the use of supplier's trade credit by firms in financial distress. Trade credit represents a large portion of firms’ short‐term financing and plays an important role in financial distress. We find that firms in financial distress use a significantly larger amount of trade credit to substitute for alternative sources of financing. Firms that are smaller, with less market power, and with more unique products tend to use more trade credit financing when in distress. We also find that firms that significantly increase their trade payables when in financial distress, experience an additional drop of at least 11% in sales and profitability growth over the previously documented 21% average drop for financially troubled firms.
- Research Article
- 10.5958/2249-7323.2016.00008.0
- Jan 1, 2016
- Asian Journal of Research in Banking and Finance
The firm financial distress and bankruptcy will result in the waste resources and investment opportunities. In this study, a sample of 210 firms operating in different studies was surveyed. Of 28 indices under study, 11 indices with the highest impact on the firm financial distress were identified using Partial Least Squares (PLS). These indices were current assets/current liabilities, current assets/total assets, working capital/sales, sales/inventory, sales/receivables, net income/liabilities, receivables/liabilities, net income/sales, total liabilities/total assets, total liabilities/equities, and current liabilities/equities. It was also shown that all independent variables had a significant relationship with the financial distress. In addition, the firm financial distress was predicted using the mixed method of Support Vector Machines (SVM) and the simple method (simple SVM). The results of the paired samples t-test suggested that the mixed SVM is more accurate than the simple SVM in predicting the possibility of the financial distress. It was also noted that the mixed SVM is not only more accurate but also has more generalizability power than the simple SVM.
- Research Article
- 10.33642/ijbass.v5n10p1
- Oct 31, 2019
- International Journal of Business and Applied Social Science
This study examines the use of trade credits by firms that are in a state of financial distress. Trade credit is short-term financing that can be useful for firms in financial distress. The purpose of this study is to analyze the effect of financial distress on trade credit. The study sample was taken from non-financial firms listed on the Indonesian Stock Exchange (IDX) from 2007 to 2016. The research method is panel data regression by using the estimation model of the fixed-effect model and random effect. This study found that firms in financial distress tend to increase the use of trade credit. This is reflected from the results of research showing the positive and significant coefficients on the variable financial distress on the ratio of trade payable to the cost of goods sold and the ratio of trade payable to equity. Based on the results of the study it can be explained that firms that are in a state of financial distress have a larger current liability, its source from short-term financing.
- Research Article
5
- 10.2139/ssrn.2238449
- Mar 24, 2013
- SSRN Electronic Journal
Equity Returns for Dividend-Paying and Non-Dividend Paying Firms
- Research Article
111
- 10.2139/ssrn.415580
- Jun 26, 2003
- SSRN Electronic Journal
Financial Distress and the Credibility of Management Earnings Forecasts
- Research Article
529
- 10.1016/j.jbusvent.2009.01.001
- Feb 20, 2009
- Journal of Business Venturing
Reconceptualizing entrepreneurial exit: Divergent exit routes and their drivers
- Research Article
78
- 10.1007/bf02920515
- Jun 1, 1995
- Journal of Economics and Finance
Sustainable growth rate defines the rate at which a company’s sales and assets can grow if the company sells no new equity and wishes to maintain its capital structure. The traditional formula assumes that the firm can increase its indebtedness. Many private firms and most firms in financial distress have limited or no access to debt markets. While distressed firms may prefer a no growth strategy, external pressures such as inflation or demand increases may cause their sales to rise exogenously. A new sustainable growth rate formula is developed that describes how much growth the firm with no new debt capacity can endure.
- Book Chapter
116
- 10.1093/0198288999.003.0006
- Feb 16, 1995
This chapter examines the role of main banks in the governance of firms in financial distress, based on evidence from the high growth period in the 1960s. The main bank system efficiently handles the problems of firms in distress. When they intervene, they do so quickly and effectively; their intervention is targeted, selective, and appropriate. Protracted disruptive creditor disputes are rare, since main bank support maintains the intangible asset base of the firm.
- Research Article
3
- 10.2139/ssrn.2608950
- May 22, 2015
- SSRN Electronic Journal
Relationship Lending and Loan Performance
- Research Article
29
- 10.1016/0922-1425(96)00009-6
- Jun 1, 1996
- Japan and the World Economy
Japanese firms in financial distress and main banks: Analyses of interest-rate premia
- Research Article
3
- 10.1515/jbvela-2019-0015
- Feb 18, 2020
- Journal of Business Valuation and Economic Loss Analysis
In relative valuation peer groups of comparable companies are essential to derive the value of the firm. Valuing a target firm that is in financial distress by using a set of healthy peer group firms probably leads to an overvaluation. We examine whether the financial distress risk has an influence on a company’s value and quantify the discount through financial distress. We identify financial distress by Standard and Poor’s long-term issuer ratings and Altman’s z″-score. We then match the identified firms in financial distress with healthy counterparts that are comparable in value relevant characteristics, i. e. profitability, risk, and growth, to estimate the percentage difference in valuation multiples. Using rating information, in every year almost half of the companies are in financial distress whereas by Altman’s z″-score about 20% of the companies in the sample are in financial distress. We find that the discount caused by financial distress makes up about 4–7% of firm value. The discount increases for lower rating classes and lower z″-scores. Besides the degree of financial distress, market downturns as the financial crisis affect the distress discount.