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Surprise! Big Banks Love Regulation

APR 18, 2013 9:00am ET
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In this brave new world of ever-expanding compliance requirements (from Sarbox and the Patriot Act, to Dodd-Frank and Basel III), do not let Wall Street's crying and complaining fool you. In secret, big banks love government regulation.

Without question, these new compliance requirements will hurt the bottom line of every financial institution – large or small – and, in countless cases, deservedly so. After all, many of these industry veterans orchestrated one of the greatest schemes of all time, where profits were captured internally by an elite few and losses externalized on the taxpaying public. Bureaucrats, in response, attempted to bolster the financial system by introducing a number of new laws and regulations. Today, in order to comply with increasing regulatory standards, all banks, large and small, are watching profits slip and share prices wilt.

However, at this point, the similarities between big and small banks come to an end.

While it might seem counterintuitive, big banks tend to favor increased regulatory burdens because they are better positioned to defend against aggressive new legislation. However, smaller financial institutions, like most community banks, credit unions and mortgage lenders, are at an economic disadvantage and may face financial ruin.

Economics, in simple terms, is the study of actions given scarce resources. Within this framework of scarcity, large banks control vast amounts of financial and political influence. Smaller financial institutions rarely enjoy these luxuries. For example, if ABC National Bank has 5,000 branches nationwide and everyday each branch opens one new checking account with an initial deposit of just $100, then $500,000 in new deposits are created daily. A community bank with a dozen branches cannot compete with that level of productivity.

For big banks with high-volume services such as credit cards, loan origination and insurance boosting revenues, hiring an army of industry-specific professionals – like attorneys, compliance specialists and auditors – is advantageous because operating expenses can be evenly distributed. Similarly, economies of scale give big banks opportunities to contract with political consultants to promote and protect their interests in Washington. As a result, big banks enjoy a level of security and stability not equally shared in the banking sector.

Unsurprisingly, large financial institutions have the flashiest marketing campaigns, most innovative websites and provide consumers with the latest technology. While fancy commercials and cutting-edge equipment does come at a cost, influencing consumers gets a lot easier when technology expenses can be spread across multiple revenue streams.

In contrast, small financial institutions, working with lower volumes and razor-thin margins, routinely fall victim to the "jack-of-all-trades, master of none" business model. While big banks utilize specialists and advanced technology, many small banks have one employee acting as the compliance officer, director of audit and fair lending manager all rolled into one. Further, their technology can be light years behind.

To be fair, many of the opportunities shared by large financial institutions are basic fundamentals of economics that should go unpunished. Concepts like the division of labor, specialization, mass production and economies of scale generally favor large entities that can spread expenses – like compliance costs – across multiple revenue streams. In this case, Bank of America or Wells Fargo is no different than Ikea, Wal-Mart or Apple. As resources are allocated efficiently, these economic concepts are merely the benefits of having a large financial network and rarely imply deception or market manipulation.

However, today, to protect their interests, big banks routinely favor political opportunities instead of market-based ones. This is usually accomplished by supporting barriers to entry, market capture and entrenchment. For example, if the implementation of processes and procedures necessary to comply with new federal compliance requirements is estimated to cost every financial institution $150,000 annually, than larger firms might have an incentive to support the proposed law because it may force out smaller competitors. Using the previous deposit example, even after subtracting $150,000 in added compliance costs, ABC National Bank will still realize $350,000 in wealth creation. Conversely, $150,000 might be a year's worth of profits for a small community bank.

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Comments (5)
The author presents a rather commonplace observation. Regulatory burden tends to weigh more heavily upon smaller institutions. A good regulatory and supervisory program would be a more flexible and calibrated one that achieves its goals while limiting such collateral damage. That can and should be done. The author then goes on,without evidence beyond his assertion, to claim that larger banks love regulation. His only piece of direct evidence that he offers in support is to point out that in comment letters large banks often write that they understand the purpose of the regulation while complaining about the details. The author, it seems to me, could have been quoting from the ICBA's statements about the Dodd-Frank Act. In fact, the Treasury Department officials were so taken by ICBA's comments on DFA that have often cited ICBA's support for DFA, a claim that ICBA has never denied. It is no surprise that institutions of all types can take advantage of regulation to gain competitive advantages, which is one of the strongest reasons for limiting regulatory involvement in the marketplace.
Posted by WayneAbernathy | Thursday, April 18 2013 at 10:34AM ET
"Love" may be an overstatment, but no question do big banks benefit in market share from more regulation. Who benefitted the most from mortgage reform, BofA, JP Morgan, and Wells Fargo. Fewer mortgages issued in the US, but bigger numbers at the big banks.
Posted by PTO | Thursday, April 18 2013 at 10:56AM ET
Crony capitalism is a conspiracy of politicians, bureaucrats and too-big-to-fail firms against the public.
Posted by kvillani | Thursday, April 18 2013 at 11:24AM ET
Despite denials by Wayne Abernathy and other representatives of Wall Street, the fact remains that the largest megabanks and their tens of thousands of shadow banking subsidiaries are responsible for the excessive regulatory burdens facing community banks. As the only voice for the nation's community banks, ICBA is focused on reducing the regulations imposed on Main Street for the risky behavior on Wall Street that led to the financial crisis and economic downturn. Tiered regulation that reflects and targets the true risks market participants pose to our financial system is essential to addressing our too-big-to-fail problem, promoting competition, restoring free markets, and reducing systemic risk.
Posted by Camden_Fine | Friday, April 19 2013 at 10:17AM ET
Multitiered regulation that is a good fit for all elements of our very diverse banking industry is essential to the continuation and promotion of that diversity. I find no disagreement on that point. But come on Cam, answer the question. Did and does ICBA support the Dodd-Frank Act that continues to pile on more burdens on the banking industry? Treasury officials keep testifying before Congress that ICBA did support DFA. So far, after many opportunities to deny it, ICBA maintains its silence.
Posted by WayneAbernathy | Friday, April 19 2013 at 10:40AM ET
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