Foreign ownership: why sometimes it’s best just to let go

COYNE: A willingness to cash in shows a focus, not on past glories, but on future opportunities

by Andrew Coyne on Monday, September 6, 2010 8:04am - 0 Comments

Photograph by Andrew Tolson

You knew from the start who would lead the opposition to BHP Billiton’s $40-billion takeover bid for Potash Corp. of Saskatchewan. It would be the same crew who always raise the alarm over any foreign takeover, even one from so unmenacing a direction as Australia.

Sure enough, within days, there they all were: the Council of Canadians (“We need a federal public inquiry, not just on this takeover but on the takeover of Canadian mining companies in general”), the United Steelworkers Union (“the most recent economic jewel swept up in the relentless surge of foreign takeovers”) and . . . the Globe and Mail?

Oh yes. While the Toronto Star has barely mentioned the bid, the Globe’s news pages have been a parade of anxious headlines: “Canada’s ‘bright light’ at risk of foreign takeover . . . Potash bid tests Canada’s takeover rules . . . etc.” And there at the front of the parade, pitchfork in hand, was the unlikely figure of Jeffrey Simpson.

“Another sell-off, another sellout,” screamed the headline atop Simpson’s Aug. 24 column. “At heart, sadly, Canadians are a rentier people,” it began. “We live off the bounty of the land and its resources that we own, but, where possible, we rent to foreigners and their companies. We live a good, comfortable life, without apparently much ambition to be creative.”

To that general failure of vision, add the specific failure to realize our manifest destiny in the strategic business of digging stuff out of the ground. “If there’s one industry in which Canada should be a world leader,” Simpson asserted, “with its own multinationals spanning the globe, it’s mining.” Yet somehow our purblind capitalist class is unable to see what is obvious to any Ottawa-based newspaper columnist.

There are a lot of ways to answer this, but the very worst is that offered by the federal government. It would be lame enough if, like so many commentators, it confined itself to pointing out that foreign ownership of Canada’s economy has in fact been falling over the decades, or that Canadian investors own more of the world’s assets than the world owns of ours, both of which are true but irrelevant.

But the Tories, who as the National Post’s John Ivison reports, are anxious to be known as the party of “free markets, free enterprise and free trade,” can’t even muster that. Rather, their free-market riposte is to promise tighter scrutiny of this and subsequent bids, together with a raft of conditions obliging the new owners to create jobs, buy from local suppliers, and so on.

Someone else, then, will have to make the real argument: that foreign investment—yes, even in miningis a good thing, something to be encouraged, not punished, in the name of, among other things, Canadian ownership. One of the principal attributes of ownership, after all, is the right to sell. It seems an odd defence of our sovereignty that would deprive Canadians of that right.

Why would they want to sell? One, if the price offered is worth at least as much as the discounted stream of future returns they might otherwise expect to earn on the shares. And two, if there is some other use to which they can put the capital thus liberated that pays at least as high a return. So to forbid the sale is not only to deprive the Canadian owners of these firms from obtaining the best price for their shares, but to deprive other Canadian companies of the new investment they might otherwise hope to receive from the proceeds.

The initial takeover bid, in other words, is not the end of the process, but the start. The iconic name—the Inco, the Alcan, the Potash Corp., whose sale makes all the headlines—is merely the point of entry, the conduit through which foreign capital is diffused across the economy. And while the companies Canadians choose to sell are typically in mature industries at the top of the cycle, the companies in which they reinvest may well be smaller start-ups, in newer industries.

This is in fact the very opposite of the process Simpson decries. If Canadians were such risk-averse, uncreative bumps on a log as he suggests, they’d hold on to their existing investments, the companies they’d always known in the industries that had always paid dividends in the past. Their willingness to cash in their stakes is evidence that their focus is not on past glories, but future opportunities.

Well yes, you may say, but surely it’s sensible to attach some conditions to the sale. To what end? It isn’t just that such undertakings are routinely violated: it’s why they are that should give us pause. The jobs and investments that last, the kind we should want, are not the ones companies yield up grudgingly, under duress, but the ones they take on willingly, because they make sense on their own terms.

Indeed, the new owners’ ability to run the operation with fewer jobs rather than more ought to be a point in their favour. The prosperity we now enjoy did not come about because employers hired more workers than they needed, but because of their ruthless determination to hire as few as they could get away with—and because by and large governments have acquiesced in this. If instead they had insisted on protecting every existing job, we would still have 80 per cent of the workforce in agriculture, as we did a century ago.

We get that when it comes to domestic owners. Why should it be any different for foreigners?

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  • Blue

    Every now and then Andrew Coyne hits the nail on the head. And taking on the tired old sociaslist– conservative views of Simpson is a sure winner. And the Simpsons of Canada are a unique group—-they believe the two main purposes of large corporations are to provide bountiful, union-protected jobs and pay the largest percentages of their profits in taxes.

    They are socialist because they want these corporations to be constantly under the hammer of the wishes of the Government which exists for the protection of the union workers only. And they are conservative because they don`t want anything to ever change until the last shovel of potash is removed from the ground. We would still have blacksmith shops on every corner if they had their way.

  • bergkamp

    "But the Tories, who as the National Post’s John Ivison reports, are anxious to be known as the party of “free markets, free enterprise and free trade,” can’t even muster that."

    If Cons wish to appear as supporters of free markets and free trade, maybe Cons should actually be supporters of free markets and free trade. It is not difficult to understand why Cons are struggling to appear a free market party while handing out billions of $$$ to failed companies and increasing the size and scope of Fed government.

    For twenty years at least pols have been obsessing about appearances instead of worrying about their actions. Everything is a pose, very little substance.

    • Blue

      Can you blame them for being tempted to hand out billions in " stimulus " when the 3 main opp. parties threatened to overthrow the minority gov`t if they did not agree to do just that.

      Until you have a Libertarian Opposition you are going to have to live with it.

  • Maggie’s Farmboy

    It’s Saskatchewan, so who really cares, right?

    I mean if Toronto can’t have a head office for a major miner, why should Saskatoon?

    And who can be bothered to actually research the history of this company to provide a little context to this discussion…

    All in all the public “debate” about this sale has been weak.

    The Australians, who unlike Canada have taken steps to ensure that they don’t lose their major mining companies, must be laughing their asses off.

  • Emily

    "foreign ownership of Canada’s economy has in fact been falling over the decades, or that Canadian investors own more of the world’s assets than the world owns of ours, both of which are true"

    And how many people know that? Has the media told us? No.

    All we ever hear is Maude Barlow.

    • Mike T.

      Both stand to reason, especially the second. Note that he didn't say "Canada owns a far smaller per centage of the world's foreign assets than foreign countries own of Canada's assets" which is also true but irrelevant.

  • Dot

    The highschool chemistry labs across the country will be deprived of potassium permanganate, that wonderful purply compound! We'll have to travel to Oz to experiment on how best to permanetly stain our white t-shirts.

    Assault. Indeed. A salt. Take it with a grain.

  • Dot

    AC, allow me to play devil's advocate here.

    Is there any condition where a foreign takeover of a Canadian based company should be turned down, in your opinion? Threat of cartel (say 1970s era uranium), someone/some firm/some gov't trying to corner the market? Or is that best left to US anti-trust law?

  • madeyoulook

    One of the principal attributes of ownership, after all, is the right to sell. It seems an odd defence of our sovereignty that would deprive Canadians of that right.

    Why would they want to sell? One, if the price offered is worth at least as much as the discounted stream of future returns they might otherwise expect to earn on the shares. And two, if there is some other use to which they can put the capital thus liberated that pays at least as high a return. So to forbid the sale is not only to deprive the Canadian owners of these firms from obtaining the best price for their shares, but to deprive other Canadian companies of the new investment they might otherwise hope to receive from the proceeds.

    BINGO!

  • madeyoulook

    Indeed, the new owners’ ability to run the operation with fewer jobs rather than more ought to be a point in their favour. The prosperity we now enjoy did not come about because employers hired more workers than they needed, but because of their ruthless determination to hire as few as they could get away with—and because by and large governments have acquiesced in this. If instead they had insisted on protecting every existing job, we would still have 80 per cent of the workforce in agriculture, as we did a century ago.

    DOUBLE BINGO!

    • Dot

      More people to cut and paste large sections of commentary, while at the game parlour with fuzzy dolls, multiple cards, big markers, and a butt hanging out their mouth :)

      Under the "I" :
      myl

  • taxslave

    Ever wonder why those that protest foreign ownership the most never put their money where their mouths are and BUY the dam companies?

    • madeyoulook

      Because they prefer to put other people's money where their mouths are. And if they keep getting away with it, they'll keep doing it.

  • wascally wabbit

    Dear Mr. coyne – it may be that the Council of Canadians and Canadian organized labour have a point – though you may not wish to acknowledge same.
    Let’s look at two most recent acquisitions – and one retrenchment.
    Brazil’s Vale bought Inco – paid over book – made promises to govenrments to be good corporate citizens. Once all the dust had settled, Vale decided they didn’t like the existing labour agreement – forcing the unionize workers into a strike position (and baked up with the knowledge that they could supply customers with Nickel from their Brazilian or other resource bases – at least until the union was forced into line!
    Result – jobs move out of Canada – temporarily – maybe some of them permanently – no net benefit to Canadians.
    Pretty much the same story for Xstrada from Switzerland.
    Then of course we have Abitibi – pulling out of Newfoundland / Labrador after the government had paid them well to keep jobs there.
    Danny Williams was well within his rights (and responsibilities) to seize their assets (this was by no means a Venuzuelan type asset takeover). Harper IMO – was wrong to pay the company off – but I think it goes to show that NAFTA is not all that it was puffed up to be – nor was David Emerson in making some of these softwood deals!

    • madeyoulook

      It seems to me you have described, very well, established market players pricing themselves out of the market.

      And where in the real world does it make sense for a provincial government to pay companies to make stupid decisions they wouldn't make otherwise? Companies make and sell stuff, and turn a profit doing so. Or they stop. Companies milking subsidies to do what they shouldn't do on their own leads to economic trouble. Thanks for nothing, Danny.

  • ElmoHarris

    I'll not argue with Coyne on the basics and he does make some good points. But where I beg to differ is on the question of jobs. The problem with a big foreign takeover like this is that many of the top positions – the managers and experts – will be exported back to the mother country. It's easy enough to say that the investors and displaced managers and experts will just start new businesses that can again grow and be sold off and begin again. It's not that simple.

    Think back to 1959 and the Avro Arrow project. The business was shut down and the managers and experts let go. Where did those people go? They went south to California to work on what they knew best. The experts we lost in this country became the experts that oversaw the rise of the US fighter jet programs. Programs that have been to a large measure responsible for sealing the claim to America's dominance in the air. When Deifenbaker shut down the Avro Arrow program he didn't just shut down a business he shut down an entire industry because the expertise we sent away has grown to such an extent that we may never be able to compete in that field again – ever.

    When you give the keys to something as fundamental as our natural resources, you give away the expertise that allowed it to become a world leader. You can't just replicate that synergy with dollars and government loans. It's gone.

    To say that the investors will just invest in the next best thing is disingenuous at best. Starting a new business isn't that difficult. Making it into a world leader is, and it requires the kind of leadership and expertise that we give away every time a foreign company takes over one of our shining stars. It happens every time ideology trumps common sense.

    • madeyoulook

      Are you suggesting ideology would NOT be trumping common sense if government were to deny this company's shareholders' rights to sell their assets to the highest bidder? I would need for you to expand on that a bit.

      • ElmoHarris

        This company, yes. If we had many Potash companies in this country, I would have no problem with the transfer of shares for cash. But previous governments have let, even encouraged, this company to grow so large that this sale may jeopardize our knowledge base. Had the potash industry a multitude of players and an overseeing/marketing entity like The Canadian Wheat Board, I wouldn't care how many small potash businesses were sold to foreign owners. We would still retain the expertise in marketing and the knowledge base managers. The control would still be in Canada.

        • madeyoulook

          But previous governments have let, even encouraged, this company to grow so large… Now I beg a history lesson. How did governments do that? Oh, and an economics lesson: How did it become a bad thing that a company's success led to its growth?

          The control would still be in Canada. Why is that so important? And how does the expression of this being important not demonstrate ideology trumping common sense almost perfectly?

          I think I will keep quiet on my thoughts about the Canadian Wheat Board…

          • ElmoHarris

            1) The company was created by the government of Saskatchewan in 1975. In 1989 it became a publicly traded company and the government of Saskatchewan sold off some of its shares with the remaining shares sold off in 1990.

            2) It's never a bad thing that a company's success leads to growth.

            3) Having the control in Canada retains our knowledge base here.

            … Are these questions going to be on the final exam?

          • madeyoulook

            Is #3 so crucial to our country that we wish to put up a "not open for business" protectionist sign on our front porch? How much unmeasurable damage to our international economic competitiveness do we wish to sustain for this alleged benefit?

  • madeyoulook

    If BHP has so mush cash on hand and wants to be in the potash business why not develop and open a brand new potash mine and increase the worlds supply of potash and create billions of dollare of new wealth for Saskatchewan?

    Because if the price is right, they'll buy the established player. Please explain why they are not entitled to do this. Please explain why they must do what others have not seen economically fit to do (develop & open "brand new potash mie[s]"). Further, please explain how increasing the world's supply of potash helps keep the price high enough to create "billions of dollar[s] of new wealth for Saskatchewan"?

    • Ray

      How will Canada or Saskatchewan or Potash corp. be better off for this takeover? Citizens should control capitalism, not capitalism control people. China has state controlled capitalism and 9% a year growth. USA has capitalisn uber alles and 1% a year growth.

      • madeyoulook

        How will Canada or Saskatchewan or Potash corp. be better off for this takeover? Because a foreign company sees enough value to invest in the business. Because Canada and Saskatchewan will be a free market haven that lets successful businesses enjoy the fruits of that success.

        Citizens should control capitalism, not capitalism control people. I guess you don't get capitalism. It's where citizens control themselves with as little interference as possible.

        China vs. USA. China has moved massively to the free market all while keeping a boot on citizens' political freedoms. The USA has moved massively away from the free market and its exploding public debt may well be its downfall.

  • EFL

    Point of information: Canada is virtually unique in its lack of both meaningful investment review and industrial policy. We are uniquely right and everyone else is wrong?
    http://www.ic.gc.ca/eic/site/cprp-gepmc.nsf/eng/0…
    "Treatment of Foreign Investment in Other Countries

    Like Canada, most countries around the world have mechanisms in place, whether formal or informal, to review at least some elements of foreign investment. While investment flows have increased, and the economic importance of foreign investment has been accepted, MOST NATIONS ARE SENSITIVE TO THE CONTROL OF THE MORE STRATEGIC ELEMENTS OF THEIR DOMESTIC ECONOMY. As such, most governments retain a degree of control over who invests and controls firms active in these strategic sectors. Recent U.S. legislation affecting foreign investment and national security is an example of a formal mechanism.

    Australia has a general investment screening system similar to Canada's that reviews foreign investments based on monetary thresholds. Unlike the net benefit test in Canada, Australia's policy is framed such that it can block any foreign acquisition that is judged contrary to "national interest." Most other industrialized countries have general legal authority to block any mergers on the basis of national security considerations. The United States, France, Germany, the United Kingdom, Japan, and China all have such powers."
    http://www.economist.com/node/16741043
    "Nearly every large economy has plans to win global market share and create green jobs.(…)Fourth, rich countries are responding to the apparently successful policies of fast-growing economies, notably China and South Korea.(…)Third, industrial policy works best when a government is dealing with areas where it has natural interest and competence, such as military technology or ENERGY SUPPLY"

    • EFL

      PS. And from a fine publication, on a tangentially related note: "Recent economic events prove that the institutions and policies that enable a country’s competitiveness are not merely facilitators of productivity, but are also the mechanisms preventing social and economic collapse.” http://www2.macleans.ca/2010/09/06/whos-the-smart…

    • http://www.robedger.blogspot.com/ Robin_E

      "Point of information" is used to ask for information, not give it: http://en.wikipedia.org/wiki/Point_of_information…

      You're welcome.

  • JSC

    Like Oil, gas, uranium, other Natural resources and insurance.

    They should all be Nationalized/Provincialized.

    • madeyoulook

      Why stop there? If you're going to throw economic nonsense at some sectors, why are you holding back everywhere else?

      • JSC

        Norway seems to be doing pretty good economically and their Oil is Nationalized.

        I wouldn't have the Govn't own everything, that would be Communism.

        But Capitalism left to run wild only promotes greed and corruption.

        I'd rather see the profits from these resources that should belong to 'We The People' go towards funding Health-care, Roads, Military, etc….Instead of lining the pockets of CEOs and other fat cats around the world.

        • madeyoulook

          That's what royalties are for. Governments can auction off the resource rights to the highest bidder and stay the bleep out of the business of extracting, refining, distributing.

  • DianeG

    The fact that the company is Australian does not necessarily ensure that it will act in an ethical way.

    A lean and mean company is not always an asset and could request/require gov't support if prices fall.

    Why shouldn't we protect what remains of our natural resources?

    • madeyoulook

      The fact that the company is Canadian does not necessarily ensure that it will act in an ethical way.

      A bloated, sclerotic company is not ever an asset and is far more likely to request/require gov't support whether or not prices fall.

      Did all the potash leave the country? Isn't it still here to be harvested?

    • wascally wabbit

      @DianeG:-

      “The fact that the company is Australian does not necessarily ensure that it will act in an ethical way.”

      Too right sheila!
      The prosecution presents – Exhibit #1 – Rupert Murdoch & News Corp.
      Australian – tick
      Company – tick
      Ethical? You be the judge!

  • BGLong

    BHP is not buying up foreign assets because of a proposal for "onerous" taxation on mining
    interests in its' home and native land ? No ? A proposal that resulted in the death of a parliament ?
    In the home and native land of "fair and balanced journalism ? So many questions.

    Of course royalty rates matter. Just ask Stelmach. His feeble efforts at royalty adjustments were met with
    howls of outrage and whines of impending penury originating from somewhere in downtown Denver or Houston
    and farmed out to the usual Calgary flacks. Of course it didn't take much to get Stelmach to do what he wanted
    to do anyway.

  • MaggiesFarmboy

    The Calgary Herald (of all papers) published a great little oped on this issue:
    http://www.calgaryherald.com/business/Potash+Corp…

  • shouldIsellyourwheat

    1) First the issue of who owns Potash Corp is critical to Saskatchewan, and less so to the federal government, since Saskatchewan owns the resource, and potash royalties are significant to Saskatchewan. The current royalty scheme is based on potash supply management by Canpotex and the worldwide potash oligopoly, which has served Saskatchewan's interests well. A new owner operating differently might necessitate that Saskatchewan revisit its royalty framework for potash.

    2) The world potash industry is not a "free" market. It is an oligopoly.

    3) Potash is a critical food nutrient absolutely essential to feeding the world, and world food security. Does Canada want to outsource its responsibility managing this critical resource fairly in the interests of world food security to Australia?

    4) Potash Corp has the longest lived reserves of any mining or critical resource company in the world. Canadian pension funds like the CPP, Ontario Teachers, the Caisse, and AIMCO are literally being braindead for letting the Australians and BHP steal this asset at such a cheap price. The value of the company is worth at a minimum twice what is being offered.

    Alas, I am not opposed to it being sold. If Saskatchewan has an effective royalty regime it really does not matter who owns it. Excepting that much of the value which could go towards paying pensions in Canada for the next two centuries will accrue to foreigners instead.

    I hold Potash Corp in my RRSP, and actually would prefer it not sell out, because it was a stock I could hold forever safely because it represent a valuable unique and critical asset to the world. The long term value is worth more than any short term payoff, and the benefit of holding it indirectly as an individual through BHP will not be as great. I am not tendering to the BHP bid, and the current BHP bid (as evidenced by the stock price trading $20 above the bid price) will not succeed unless raised.

  • Mike T.

    This sounds quite reasonable. In the circumstances of a natural resource that can't be relocated, foreign-owned company's are still subject to local regulation. Much of the profits will just flow elsewhere.

  • madeyoulook

    1) A new owner shouldn't alter the royalty issue one bit. If the province had a dumb-ass inadequate royalty scheme to this point, that amounted to an undeserved subsidy. Revisiting it now that the owners are changing hands will justifiably expose the province to charges of protectionism.

    2) Well, if there is at least an open market for the purchase of one of the players in an oligopoly, that has to be less worse than a government distorting the oligopoly even further.

  • madeyoulook

    3) Is there a national security threat deriving from the Aussie company managing the extraction and distribution? No. Is there a critical food shortage in Canada that we would feel the need to place soldiers around the potash facilities in SK? No. If it ever comes to that, could we? Yes. Does inventing an imaginary food crisis justify protectionism now? No.

    4) If it is such a sweetheart deal for the new owners, then the current shareholders would indeed be idiots to liberate their shares at such a price. If these big public pension funds are not doing everything to maximise value of their current holdings, there can be no better example of why big public pension funds are a dumb idea. This, note, has nothing to do with the freedom of owners of a Canadian asset to sell to the highest bidder.

  • BGLong

    Why are we even talking about this ? We are all in favour of jiggery-pokery with stock
    values … 'specially executive options … and the actual value of building a business is
    only indirectly related to its' market value. As to who owns it … well, nobody does. Ownership
    implies direction and the last time I was at a corporate annual meeting I was truly impressed by
    the democratic resemblance to Hoxha's Albania.
    The corporate structure was invented by God. God lives in Delaware and does her banking in
    the Caribbean.

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