Shorting Herbalife Could be a Public Service

March 10, 2014

The NYT has a lengthy article on the decision by hedge fund billionaire William Ackman to do a large short of Herbalife, a nutritional supplement company,and then use political influence to undermine the company. While Ackman’s efforts to manipulate the Securities and Exchange Commission are at least improper, if not actually illegal, they are not qualitatively different from the actions companies take all the time to advance their cause.

There seems to be a view that shorting a company, implying that its market price is over-valued, is somehow less legitimate than buying into a company. This is not true. There are many companies whose stock price is grossly over-valued.

For example, in the late 1990s many Internet companies had stock prices that had no basis in reality. In the last decade, the banks pushing bad loans in the housing bubble had grossly over-valued stock prices. In both cases, people shorting the companies would be a public service. It would make it more difficult for them to raise capital to use for counter-productive purposes.

In effect, shorting is comparable to exposing the existence of counterfeit money. Until it is exposed, people are prepared to assign the counterfeit currency real value. By calling attention to the false value, capital can instead be directed to more productive purposes.

This doesn’t mean Ackman is correct in his assessment of Herbalife (I haven’t a clue) or that it’s good that rich people can manipulate government agencies. The point is that what he’s doing is not different from what major companies and rich people do all the time to advance their companies.

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