EU queries proposed $54bn eyewear merger

BY Richard Summerfield

European competition regulators have launched an in-depth investigation into the proposed $54bn merger between eyewear maker Luxottica and lens manufacturer Essilor, amid concerns the move could stifle competition.

If approved, the deal, which was announced in January, would create a global eyewear powerhouse with a combined current market value of around €45bn, combined sales of about €15bn and staff of more than 140,000. The merged company could have a dramatic impact on the growing global eyewear industry. Luxottica, is the world’s leading consumer eyewear group and owner of Ray-Ban, Oakley and Sunglass Hut, while Essilor is the biggest manufacturer of lenses in the world.

The companies had hoped to have the deal completed by the end of 2017, but this now seems unlikely as the European Commission has until 12 February 2018 to approve or reject the proposed merger.

According to a statement announcing the probe, the Commission's initial market investigation raised several issues relating to the combination of Essilor's strong market position in lenses and Luxottica's strong market position in eyewear. The Commission is concerned that the combined organisation may “use Luxottica's powerful brands to convince opticians to buy Essilor lenses and exclude other lens suppliers from the markets, through practices such as bundling or tying. The Commission will investigate whether such conduct could lead to, adverse effects on competition, such as limiting purchase choices or increasing prices".

Margrethe Vestager, EU competition commissioner said: “Half of Europeans wear glasses and almost all of us will need vision correction one day. Therefore we need to carefully assess whether the proposed merger would lead to higher prices or reduced choices for opticians and ultimately consumers.”

Neither Luxottica nor Essilor opted to offer concessions to allay any of the EU’s competition concerns prior to the investigation annoucement. The companies had until 19 September to offer concessions to the European Commission after initial concerns were voiced by the EU about the deal.

Both Luxottica and Essilor declined to comment on the EU’s concerns. Competition regulators in the US are also examining the deal, which has already won approval from authorities in Russia, India, Colombia, Japan, Morocco, New Zealand, South Africa and South Korea.

News: EU to investigate $54 bln Luxottica, Essilor deal

UK financial services optimism falls but stronger times lie in wait, claims new survey

BY Fraser Tennant

Optimism fell across the UK financial services sector in the three months to September 2017, despite a broad expansion of business volumes and expectations of stronger quarters to come, according to a survey published this week.

The quarterly survey of 94 financial services firms by the Confederation of British Industry (CBI) and PwC found that while banks and building societies were markedly less optimistic, finance houses, life insurers and investment managers were more optimistic than they had been in the previous three months.

Among a number of key findings, the survey found that: (i) 12 percent of firms said they were more optimistic about the overall business situation compared with three months ago, while 18 percent were less optimistic, giving a balance of minus 6 percent; (ii) 28 percent of firms said that business volumes were up, while 15 percent said they were down, giving a rounded balance of plus 13 percent (this compares with plus 44 percent in June); and (iii) to the quarter to December, growth in business volumes is expected to accelerate, with 34 percent of firms expecting volumes to rise next quarter, and 7 percent expecting them to fall, giving a balance of plus 27 percent.

“While demand in the sector is expected to hold up in the near-term, we cannot ignore the fact that optimism has dropped in almost every quarter for the past two years,” said Rain Newton-Smith, chief economist at the CBI. “With Brexit uncertainty affecting the wider economy, it is vital that substantive progress is made during the next round of Brexit negotiations, so that transitional arrangements can be agreed and businesses can make decisions now about investment and employment that will affect economic growth and jobs far into the future.”

In terms of the future of the financial services sector, survey respondents stated a need for action – including preserving access to talent and ensuring internationally focused regulation – on a number of fronts to ensure that the UK remains a leading financial centre.

Andrew Kail, head of financial services at PwC, concluded: “The financial services sector is at a crossroads. The way ahead is uncertain, particularly as Brexit negotiations are yet to be resolved. A coordinated action is now required by government, financial services firms and regulators to ensure the continued future success of the industry and its customers.”

News: British banks' pessimism in worst run since financial crisis

Cyber criminals increasingly deploying sophisticated malware as attack tools, warns report

BY Fraser Tennant

Cyber criminals across the globe are increasingly deploying sophisticated malware such as adware and ransomware to attack companies, warns a new report by Check Point Software Technologies Ltd.

In ‘Global Cyber Attack Trends 2017’, Check Point notes that the global cyber landscape in 2017 appears to have picked up where 2016 left off, with cyber threats emerging on a monthly basis that are increasingly sophisticated, featuring new capabilities and distribution methods.

Among the key trends identified in the report are: (i) nation-state cyber weapons are now in the hands of criminals; (ii) the line between adware and malware is fading, and mobile adware botnets are on the rise; (iii) macro-based downloaders continue to evolve; (iv) a new wave of mobile bankers has arrived on Google Play undetected to infect users; and (v) threat actors are continuing to sell new malware-as-a-service though several platforms, increasing the risk of data breaches.

Also highlighted in the report are today’s most prevalent examples of global malware and ransomware and the regions of the world which attackers target most often.

Acccording to the report: “2017 is shedding light on a new trend – simple, yet highly effective malware families are causing rapid destruction globally. The samples are distributed by unknown threat actors, yet wield high-end attack tools and techniques developed by elite nation-state actors. In addition, massive theft operations, such as the infamous Shadow Brokers leak of tools allegedly developed by the US National Security Agency (NSA), have led to some of the world’s most sophisticated malware ending up in the hands of unskilled attackers.”

Also analysed is the impact of the WannaCry and NotPetya ransomware which has affected public infrastructure as well as medical facilities around the world, with the report noting that many of these attacks could have been blocked had the proper security measures been in place.

“Even with WannaCry and NotPetya making global headlines, most organisations continue to rely on a strategy of detection and response after an attack has occurred as their primary means of defence,” continues the report. “Unfortunately, 99 percent of organisations still have not put in place the fundamental cyber security technologies available to prevent these types of attacks.”

To keep ahead of cyber threats, the report advises companies to stay alert and concludes: “To provide organisations with the best level of protection, security experts must be attuned to the ever-changing landscape and the latest threats and attack methods to keep their security posture at the highest standard.”

Report: Global Cyber Attack Trends 2017

Toys ‘R’Us files for Chapter 11 as heavy debt and online shopping switch take their toll

BY Fraser Tennant

As a result of a heavy debt load and a consumer switch toward online shopping, toy retailer giant Toys ‘R’Us has voluntarily filed for Chapter 11 bankruptcy protection in the US and Canada.

In addition to the filing in the US Bankruptcy Court for the Eastern District of Virginia in Richmond, VA, the company’s Canadian subsidiary intends to seek protection in parallel proceedings under the Companies’ Creditors Arrangement Act (CCAA) in the Ontario Superior Court of Justice.

Toys ‘R’ Us intends to use the court-supervised proceedings to restructure its outstanding debt and establish a sustainable capital structure that will enable it to invest in long-term growth.

The company’s operations outside the US and Canada, including its approximately 255 licensed stores and joint venture partnership in Asia, which are separate entities, are not part of the Chapter 11 filing and Companies’ Creditors Arrangement Act (CCAA) proceedings.

The vast majority of the approximately 1600 Toys ‘R’Us and Babies ‘R’Us stores around the world – which are mostly profitable – continue to operate as usual.

“Today marks the dawn of a new era at Toys ‘R’Us where we expect that the financial constraints that have held us back will be addressed in a lasting and effective way,” said Dave Brandon, chairman and chief executive of Toys ‘R’ Us. “Together with our investors, our objective is to work with our debtholders and other creditors to restructure the $5bn of long-term debt on our balance sheet, which will provide us with greater financial flexibility to invest in our business, continue to improve the customer experience in our physical stores and online, and strengthen our competitive position in an increasingly challenging and rapidly changing retail marketplace worldwide.”

Furthermore, the company has received a commitment for over $3bn in debtor-in-possession (DIP) financing from various lenders, including a JPMorgan-led bank syndicate and certain existing lenders, which, subject to court approval, is expected to immediately improve the financial health of Toys ‘R’ Us and support its ongoing operations during the court-supervised process.

Serving as principal legal counsel to Toys ‘R’ Us is Kirkland & Ellis LLP, while Alvarez & Marsal is serving as restructuring adviser and Lazard is serving as financial adviser.

Mr Brandon concluded: “We are confident that these are the right steps to ensure that the iconic Toys’R’Us and Babies ‘R’Us brands live on for many generations.”

News: Toys 'R' Us files for bankruptcy protection in US

InsurTech investment increases in Q2 2017 as reinsurers wise up to opportunities

BY Fraser Tennant

Global investment in InsurTech rose sharply in Q2 2017 as reinsurers become more open to its potential for transformation rather than disruption, according to a report out this week.

In ‘InsurTech – the new normal for (re)insurance’, PwC notes that investment in InsurTech by global insurers, reinsurers and venture capital firms surged by 247 percent to $985m, compared to Q2 2016 ($398m). The first three months of 2017 saw $283m of InsurTech funding.

Furthermore, the report predicts the rate of funding and investment will continue at a similar level and highlights an uptick in interest in InsurTech from the reinsurance industry as sentiment turns from fear to bullishness, and from scepticism to collaboration.

“A change has happened in insurance and it is hugely encouraging to see both insurers and reinsurers increasingly view InsurTech as an enabler rather than a competitor,” said Patrick Maeder, EMEA insurance consulting leader at PwC. “This uptick in enthusiasm is vital to ensure the industry engages with innovators to help shape its own success. Neither party can survive this wave of disruption on its own and collaboration between experienced industry players and new ideas and technology will result in new products, reduced costs and more engaged customers.”

Although 82 percent of reinsurance companies say they plan to partner with InsurTechs, including a new wave of start-ups, to explore how new technologies and talent groups can help them play a leading role in transforming their industry, concern about disruption and loss of market share remains. “InsurTech innovators have rapidly established themselves as the backbone of innovation in this industry but reinsurers should not be overly concerned about startups directly disrupting their product offerings,” continues Mr Maeder. “They should instead focus on what makes their business unique and where they see future growth coming from.”

The report also notes that startups are focused less on disrupting the entire industry and more on redesigning specific areas of the value chain, which provides reinsurers with an opportunity to foster a culture of collaboration, embrace the innovative potential within their businesses and ultimately modernise the industry.

Mr Maeder concluded: “Reinsurers then need to find the best way of directly working with this new wealth of tech-savvy talent to place themselves at the heart of what will undoubtedly be a transformation for their business and the wider industry.”

Report: ‘InsurTech – the new normal for (re)insurance’