Thursday, May 3, 2007

Ahold in $7.1bn US sell-off deal

Dutch supermarket group Ahold has sold its US Foodservice catering business to two private equity groups in a deal worth $7.1bn (£3.5bn).

The move will allow the world's fourth biggest food retailer to focus on overhauling its other US operations.

Ahold said it had sold US Foodservice to private equity firms Kohlberg Kravis Roberts and Clayton, Dubilier & Rice.

Ahold has been attempting to rebuild its fortunes since a $1.3bn accounting scandal hit US Foodservice in 2003.

The ex-chief financial officer of the US business was last year given three years' probation, after pleading guilty to one count of conspiracy to commit accounting fraud.

"(Ahold) can move on to the next stage now, paying back some of the proceeds to shareholders, reducing debt and focus on sales growth in the US," said Kepler Equities analyst Ton van Ooijen.

Maryland-based US Foodservice employs 27,000 workers and operates 70 distribution centres across the US, delivering food to major customers including McDonald's.

Time Warner beats estimates as cable sales grow

Net profit at Time Warner, the world's largest media company, was pulled down by weakness at its film division, but surging cable television earnings meant the figure was higher than analysts had estimated.

Net income declined 18 percent to $1.2 billion, or 31 cents a share, from $1.46 billion, or 32 cents, a year earlier, Time Warner said. Sales rose 9.2 percent to $11.2 billion.

Profit was dragged down by a 27 percent profit decline at the film division, which failed to produce a hit to beat the DVD release last year of "Harry Potter." Profit from cable rose 54 percent after the purchase of Adelphia Communications. The AOL unit gained 27 percent as advertising revenue increased, a sign that the chief executive, Richard Parsons, may be succeeding in his effort to revive the Internet unit.

"The company seems to be on the right track," said Tuna Amobi, an equity analyst at Standard & Poor's. "The highlights of the quarter were the cable unit and AOL."

Excluding one-time items, profit of 22 cents beat the 21-cent average of 17 analyst estimates from a survey.

Time Warner raised its 2007 forecast for earnings before one-time items to $1.05 a share, from $1 on Jan. 31.

Shares of Time Warner rose 69 cents, or 3.35 percent, to $21.29 in afternoon trading in New York. Shares in Time Warner Cable rose 56 cents, or 1.5 percent, to $36.78.

Earnings were buoyed by a $670 million gain on the sale of AOL's Web access division in Germany and $146 million from investments related to cable assets in Kansas City, Missouri. Excluding one-time items, profit a year ago was 26 cents a share.

Time Warner Cable, one of the largest U.S. cable companies, began trading publicly in January, as part of the parent company's purchase of cable franchises from Adelphia.

The cable division, 84 percent owned by Time Warner, benefited from demand for packages of phone, digital cable and Internet services. The unit reiterated Wednesday that sales and earnings would rise more than 30 percent in 2007. Revenue rose 61 percent to $3.85 billion, making it the fastest-growing Time Warner division for the fourteenth straight quarter.

Comcast, the industry leader, said Tuesday that its cable revenue would increase 12 percent a year through 2009. The company last week posted an 80 percent jump in first-quarter net income, as revenue rose 32 percent.

Profit at AOL rose to $542 million as ad revenue rose 40 percent. The growth in ad sales beat the 28 percent estimate by Bear Stearns.

Sales dropped 25 percent after AOL started offering its e-mail and software for free to broadband users last year to attract Web surfers and advertisers. Its Web access division lost 1.2 million subscribers in the quarter.

Parsons, the chief executive, hired the TV veteran Randy Falco in November to run AOL and implement the new strategy.

Profit at the film division fell 27 percent to $332 million. Revenue declined 1.3 percent to $2.7 billion.

DVD sales of "The Departed" and "Happy Feet" failed to match the figures turned in last year by the "Wedding Crashers" and "Harry Potter," according to the Goldman Sachs analyst Anthony Noto. Warner Bros. will release "Harry Potter and the Order of the Phoenix" in theaters in July.

Dolans take Cablevision

The third time was the charm for the Dolan family in its efforts to take Cablevision private in a deal worth about $10.6 billion.

Cablevision has about 3 million cable TV customers, mainly in the New York area, and also owns Madison Square Garden, the Knicks and Rangers, and Radio City Music Hall.

The Dolans, led by Charles Dolan, the chairman, and his son James, the CEO, control Cablevision through a special class of supervoting shares.

The first two buyout attempts by the Dolans were rejected as inadequate by a two-person committee of independent directors on its board.

They had to sign off on any going-private transaction to ensure that public shareholders got a fair deal.

That committee, and the full board of directors, approved the Dolans' latest offer of $36.26 per share, saying it was in the best interests of public shareholders.

Last fall the Dolans offered to take the company private at $27 a share in cash, and in January raised the offer to $30, but that offer too was deemed inadequate by the board committee.

Those directors had also rejected a more complex bid the Dolans made in 2005 to pay $21 in cash plus stock from a newly created public company containing Madison Square Garden and a group of cable channels.

As one of the conditions of the deal, the transaction must be approved by a majority of the holders of Cablevision's publicly traded stock that is not held by the Dolan family.

Cablevision's shares climbed $3.23, or nearly 10%, to $35.90 yesterday, a 52-week high and nearly double the 52-week low.

Saturday, April 7, 2007

H1-B Cap Hit in Record Time

Employers looking to keep skilled foreign workers on staff in 2008 this week rushed to file some 150,000 petitions with the U.S. agency doling out 65,000 H1-B visas.

Yet the U.S. Citizen and Immigration Service announced this week it had reached its limit for 2008 H1-B visa petitions within a day of the set deadline. The government agency reported it had received about 150,000 applications for 65,000 slots by Monday afternoon and that it would not review petitions received after April 3. In fact, all petitions received on or after April 4 will be immediately rejected.

According to the USCIS, the Immigration Act of 1990 H-1B nonimmigrant visa category lets U.S. employers augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years.

The much-sought-after H1-B visa helps U.S. employers keep foreign citizens in specialty occupations, including architects, engineers, computer programmers, accountants, doctors and college professors, among other professions.

Technology companies in particular look to increase the cap to double its current limit. For instance, the Information Technology Industry Council (ITIC), whose backers include Apple , Dell , eBay and Intel , last year asked that the cap be raised to 115,000.

As for available 2008 H-1B visas, the USCIS will subject the petitions received on April 2 and April 3 to a computer-generated random-selection process, according to an agency press release. The agency does not expect to conduct the random selection for several weeks, considering the high volume of filings.

All petitions not randomly selected by the USCIS will be returned to the applicants and are eligible to be resubmitted on April 1, 2008, when another lot of H-1B visas become available for fiscal 2009.
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ConAgra addressing problems that led to peanut butter recall

Now that it has identified the conditions that allowed a salmonella outbreak in peanut butter – a leaky roof and a faulty sprinkler – ConAgra Foods Inc. has to rebuild more than just parts of its plant. It has to rebuild trust.

After a nearly two-month investigation, the Omaha company determined that the moisture helped the salmonella grow and contaminate peanut butter at its Georgia plant last year, sickening more than 400 people nationwide.

Its Peter Pan brand will return to stores in July, the company said.

Persuading consumers to buy it won’t be easy, but the brand’s long history should help it, said Joe Marconi, who teaches marketing at DePaul University in Chicago.

“What they have to do is reassure a nervous public,” said Marconi, who wrote “Crisis Marketing: When Bad Things Happen to Good Companies.”

Consumers now will want to know more about what the company is doing to prevent any future problems like the one that allowed raw peanuts and peanut dust to come into contact with finished peanut butter, Marconi said.

The company plans to redesign the Georgia plant to provide greater separation between raw peanuts and the finished product, said ConAgra spokeswoman Stephanie Childs. The plant also will get a new roof and modern equipment.

And ConAgra plans to develop new testing to ensure its peanut butter is safe. Before this recall, none of the company’s recent routine testing of equipment and peanut butter had detected salmonella.

ConAgra has hired a microbiologist with three decades of experience in food production to oversee food safety, Childs said.

“We are learning that salmonella is more common in peanuts than we originally felt,” said Michael Doyle, who runs the University of Georgia’s Center for Food Safety. He agreed to lead an advisory panel to help the company improve its procedures.

“Don’t be complacent about these products simply because there’s been a long history without problems,” Doyle warned.

The company traced the outbreak to three problems at its Sylvester, Ga., plant last August, Childs said.

The roof leaked during a rainstorm, and the sprinkler system went off twice because of a faulty sprinkler, which was repaired.

The moisture from those events mixed with dormant salmonella bacteria in the plant that Childs said likely came from the raw peanuts and dust.

The plant was cleaned thoroughly after the roof leak and sprinkler problem, but the salmonella remained and somehow came in contact with peanut butter before it was packaged, she said.

The Food and Drug Administration last inspected the plant in February 2005 and found no problems, agency spokesman Michael Herndon has said. Herndon did not immediately return calls for comment Thursday.

ConAgra recalled all its peanut butter in February after federal health officials linked it to cases of salmonella infection. At least 425 people in 44 states were sickened, and lawsuits have been filed against the company.

The recall covered all Peter Pan peanut butter and all Great Value peanut butter made at the Sylvester plant since October 2004. That plant is ConAgra’s only peanut butter plant.

ConAgra plans to reopen its Georgia plant in early August.

While renovations are being done, Peter Pan will be made at another company’s plant. The renovations will add to the $50 million to $60 million recall cost company officials already had announced.

Before the recall, ConAgra sold $150 million worth of peanut butter each year. Initially, the company will not resume making Great Value peanut butter for Wal-Mart.

The company’s other brand names include Healthy Choice, Chef Boyardee and Orville Redenbacher.

Salmonella sickens about 40,000 people a year in the United States and kills about 600. It can cause diarrhea, fever, dehydration, abdominal pain and vomiting.

Most cases of salmonella poisoning are caused by undercooked eggs and chicken. The only previously known salmonella outbreak in peanut butter – in Australia during the mid-1990s – was blamed on unsanitary plant conditions.
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Retailers Join Forces To Track Theft Rings

Two of the shopping industry's largest trade groups are joining forces with the FBI to create a database that tracks retail crime gangs, which they say are becoming increasingly organized.

About 35 companies are participating in the database, including Limited Brands; American Eagle Outfitters; Mervyns and Bealls department stores; and Macy's, owned by Federated Department Stores. The Law Enforcement Retail Partnership Network, or LERPnet, is slated to launch Monday for retailers. Law enforcement will have access in a few months.

The Retail Industry Leaders Association and the National Retail Federation, which have each launched similar databases recently, teamed up to create the new online catalogue. About 14,000 incidents have been recorded in the NRF database alone.

Although theft has always existed in retail, technology has broadened criminals' reach and allowed them to become more sophisticated. The industry estimates it lost $37.5 billion to theft and fraud in 2005, a 20 percent jump over the previous year.

Gangs often steal items from several stores, then sell the goods for about 70 percent of the retail value at online auction sites in a practice known as "e-fencing."

"They go back to the home base and sell the product," said Tim O'Connor, vice president of asset protection for RILA. "It's normal to see them go up and down the East Coast with a U-Haul full of stuff."

In other cases, the gangs may even return items to stores with fraudulent receipts for the original value, plus tax. Among the most commonly stolen items are Crest Whitestrips, DeWalt tools, Duracell batteries and Gillette razor blades, said Joseph LaRocca, vice president of loss prevention for the NRF. He estimated that shoppers pay 1.5 percent of each dollar to make up for stolen products.

"Ultimately, consumers pay higher prices," he said. "It's like a hidden crime tax."

Stores say organized retail gangs have exploited the lack of communication between businesses. An NRF survey last year showed 81 percent of retailers said they had been affected by organized retail crime, and nearly half had seen an increase in such activity in stores.

The database allows retailers to enter the details of crimes at their stores for others to view. They can also search for incidents at other stores by type or geographic region and receive e-mail alerts when entries that fit their specifications are added. Law enforcement officials can also monitor the site for patterns or trends. The combined database is expected to eventually track hundreds of thousands of crimes at scores of retailers.

"This is a significant financial loss," LaRocca said. "Retailers are fighting back against these sorts of crimes."

The project represents a remarkable amount of cooperation in an industry that is fiercely competitive and secretive. Still, it remains to be seen how actively retailers will share information.

Membership costs $1,200 a year plus a one-time set-up fee for retailers; law enforcement access is free. The database allows retailers to list not only the type of crime and how it was committed, but also witnesses and the license plate numbers of vehicles involved. Retailers can even upload pictures and video.

But those are all voluntary options. Retailers, who tend to be circumspect when it comes to letting the competition in on information, can hide their company names from other users if they are leery of sharing sensitive data.

The partnership will "better help us to track and fend ourselves proactively so that these things don't happen," O'Connor said. "We can prosecute them better by combining forces."

LaRocca said two big-box chains in Southern California recently used the database to link burglaries at their stores. It also could help law enforcement officers connect crimes in different counties or states.

"We'll also use it in a proactive manner so that we can use it as predictive analysis and get ahead of the groups," said A.J. Turner, section chief for the gangs and criminal enterprise division at the FBI.
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Switching Tracks With a South Korean Pact

THE free trade agreement the United States signed with South Korea last week could be the most important step in the nation’s trade policy since the North American Free Trade Agreement went into effect 13 years ago. If Congress approves it, the slashed tariffs could lead to billions of dollars of new trade. Yet it could also symbolize a shift away from global trade negotiations, which were supposed to help poor countries to grow.

Those negotiations, called the Doha Development Round by the World Trade Organization, have been stalled for the better part of two years. In addition, the Free Trade Area of the Americas — a proposed regional free trade zone — has run into substantial opposition from the new leftists of South and Central America. The bilateral option — two-way trade deals — is the only game in town right now.

According to Kimberly A. Elliott, a senior fellow at the Center for Global Development and the Peterson Institute for International Economics, the Korean deal could divert trade away from the poor countries that might have benefited from a worldwide agreement — and it also subtracts from the credibility of the W.T.O. as a viable option for opening markets.

President Bush’s trade representatives — Robert B. Zoellick, Rob Portman and now Susan C. Schwab — have always said that the United States would pursue a three-track approach in opening markets for American consumers and producers, seeking bilateral, regional and global free trade agreements. If progress along one track stalled, they have always said, their efforts would then be directed to the others. The bilateral agreement with South Korea is the largest payoff so far from their strategy.

Why is it so important? South Korea ranks just behind the European Union, United States, Japan, China and Hong Kong as an exporter. It shipped $284 billion worth of merchandise in 2005, the last year for which the World Trade Organization offers global statistics. That amount, which was three times India’s exports, was also equivalent to the total merchandise shipped by the world’s bottom 118 economies, ranked by the same metric.

All but 30 of those economies are also members of the W.T.O. So signing a free trade agreement with South Korea could be as economically important as signing agreements with 88 of the group’s 150 members. Given the intense and growing trade relationship between the United States and South Korea, it could be even more important.

With a couple more bilateral deals like this one, the W.T.O. could seem an afterthought, or at least not worth the effort. And, indeed, the United States has already been talking trade with Brazil, and its nuclear pact with India could open the door to economic talks. Those two nations also happen to be two crucial negotiating parties at the W.T.O., and they might be just the first countries whose attention might be seduced away from the global negotiations.

“Assuming that this deal is going to be passed by both houses, which is not guaranteed, then clearly Japan is going to be looking to do a deal,” Ms. Elliott said. A free trade agreement with Japan, the world’s second-biggest economy — if you don’t count the European Union, which negotiates as one party for trade — would trump any other negotiations.

Yet as Ms. Elliott hinted, there’s still a long way to go before even the Korean agreement becomes law. Timing is not a problem, because the agreement was signed before the president’s authority to submit trade pacts to Congress for an up-or-down vote expires at the end of June. But there is already some dissent among unions and automakers, who see jobs being lost to Asia, as well as members of Congress concerned that South Korea is blocking exports of American beef.

“It’s going to be hard,” said John B. Taylor, a professor of economics at Stanford who was under secretary of the Treasury for international affairs from 2001 to 2005. “Some of the unions are lining up against it, and some forces are looking for some significant modification.” That’s true both in the United States and in South Korea, whose farmers, fearing the destruction of their livelihoods, have been among the most vocal opponents of free trade talks.

Because of the strategic importance of the American relationship with South Korea, however, a deal could be tough for anyone to stop.

“The idea that we would turn down a trade agreement with Korea on any basis, given the sensitive political arrangements in that area, and their neighbors to the north, is somewhat daunting,” said Mickey Kantor, a former United States trade representative and secretary of commerce. “There’ll be legitimate pressure to try and get something done here, regardless of the provisions of the agreement.”

Mr. Kantor noted that most previous two-way trade agreements have been signed with small economies, with largely strategic rather than economic goals. For example, the United States has pursued agreements throughout the Arab world, having signed deals with Jordan, Bahrain and Morocco, in order to build support for its foreign policy objectives. But a deal with South Korea, Mr. Kantor said, would be the first major step in many years toward opening markets.

AND not everyone thinks that it will shift attention away from the global talks. “For those that are concerned about the United States being unilateral or looking for coalitions that are not so broad, they’re wrong,” Professor Taylor said.

He suggested that the South Korean agreement could give a spur to the W.T.O. negotiations, provided that Congress renewed the president’s trade negotiating authority in the summer.

“This is a way that the United States can show tremendous leadership on a multilateral basis,” he said. “For Congress not to give that extension would set that whole effort back substantially.”

Ms. Elliott, however, argued that it would be hard to push the global talks forward without more involvement from American businesses, which, she said, have so far taken relatively little interest. A trade agreement with South Korea will give them little reason to change that attitude.
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