In general, there’s a conflict with the ratings agencies
because they are a bit of a proxy regulator, given power through the federal
government to rate bonds and other financial instruments, and so many other
bodies can’t invest their money in a financial instrument unless it has a
certain rating from certain ratings agencies. Moody’s, S&P, and to a lesser
extent Fitch have a stranglehold on the system because they’re written into law
and there are high barriers to entry to starting a new rating agency. Anyways,
there is the conflict because they exist in a market, but the companies that
they rate pay them.
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So there is this question about how independent the ratings
are, since if they don’t get the rating, they like from one agency, they can
just walk down the street to another. And then there is the prestige issue,
where the people packaging financial instruments have more power because they
work at Goldman and make multiples of what someone at a ratings agency does.
Overall, I think this relationship had a big effect in the run up to the
financial crisis because the CDOs were being rated AAA for even their riskiest
tranches because there was a fundamental lack of underwriting going on and the
ratings agencies were not ready to push back against these banks to say that
you’re selling people trash that will blow up. Of course being real close to
the day to day activity, you really don’t have the perspective to say that this
will be one of the things that makes the whole house of cards fall down, but at
least you can say that the credit on these mortgages is too bad, and you’re not
taking in account correlation risks, and there is a chance that house prices
may go down. The riskiest 5% of these are not as good as treasuries.
Thinking if the ratings agencies went away for some reason,
the first thought is to say good riddance. But the second thought is that there
is a lack of information in the marketplace by not having these
quasi-independent bodies, overall it would drive up costs in the market and
make borrowing more expensive for everyone. What it would more likely would do
is make a mirror of the equity market. The larger companies would get
independent research done, so Disney and US Steel could issue bonds, but for
smaller and less liquid offerings, that is where costs would go up the most –
bifurcation the market so that the rich got richer. Hopefully the state would
step in to offer truly independent ratings until that agency got captured.