Category Archives: Dow Transports

Dow Theory Update

It appears that Dow Theory is not understood, by even the best in the industry.  In an article titled “The Meaning of the Transports’ Weakness,” Mark Hulbert surveyed some of the industry’s best Dow Theorists for a clue as to what the market was expected to do next. What stands out in this article is the following remark:

“Frustratingly, not all Dow Theorists agree on an answer. In fact, two of the three monitored by the Hulbert Financial Digest — Jack Schannep of TheDowtheory.com and Richard Moroney of Dow Theory Forecasts — think the appropriate point of comparison is not last summer but late October. And because, near the end of December, the Dow averages rose above their late-October highs, both Schannep and Moroney believe that the Dow Theory is solidly in the bullish camp — notwithstanding where the Dow transports might be relative to their July high.”

Within this commentary is a revealing explanation as to the reason why we believe that Schannep and Moroney got it wrong, thereby issuing a bear market indication in August 2011 and a bull market indication in late December 2011.  In order to understand this, we must first point out a diagram of how Dow Theory reversals typically occur.

Plotting of Primary Reversal

Courtesy of Richard Russell’s Dow Theory Letters (www.dowtheoryletters.com), Figure 1a and Figure 1b show how the Industrials and Transports need to retest prior lows established at point A.  This retesting of the prior low would come after a medium-term rise at point B.  Once the market rests the prior low, the market would then need to exceed the medium-term high of point B.

With the diagram above, we can now see how Schannep and Moroney could have considered that a new bull market was in the making.  Once the market exceeded what they believed to be the POINT B in figure 1a and 1b, it then appeared to be a new bull market.  Unfortunately, while the Dow Industrials appeared to follow the script in Figure 1a, the Transports were far behind in providing a similar pattern of retesting the previous low.  This error led to an incorrect assessment of a new bull market.

Interestingly, Schannep and Moroney were inaccurate even in their call of a “bull market” using Dow Theory.  Based on the diagrams of figure 1, a new bull market should have been indicated in early October instead of late December.  In the chart below, it should be noted that the false bull market indication in October had much more to gain than the late December indication.  Worse still, only a month later, in February 2012, the Dow Transportation Average starts to diverge from the path of the Dow Jones Industrial Average.

2012 03 06 Dow Theory

The current divergence between the Industrials and Transports is a confirmation of the bear market trend.  Additionally, we expected that the Industrials and Transports are going to re-test the lows of 2011.  However, our suspicion is that both the Transports and Industrials will sink below the 2011 lows and possibly go strait to the 9,700 level on the Industrials.  The prospect remains that the bear market could potentially end if the Transports retest the lows of 2011 without falling significantly below.

As early as October 15, 2011 (article here), we indicated that the “…coming market volatility will provide great opportunities for traders and allow investors a chance to cash out of otherwise undesirable positions and take profits. Our expectation is that the Dow will go to the July 2011 highs before struggling at the May 2011 highs. Again, we’re still in a cyclical bear market until the Transports and Industrials exceed their respective 2011 highs.

We hope that our readers have benefitted from our advice to unload undesirable positions.

Best regards.

Dow Theory: Non-Confirmation

On February 3, 2012, the Dow Industrial Average made a new all time high since the low of March 2009.  All that is needed in order to achieve a confirmation of the upward trend is for the Dow Jones Transportation Average to exceed the July 7, 2011 high of 5,618.25.
There is a marginal difference of 4.64% between the Dow Transports high and the current level.  We're anxiously waiting to see if this gap can be closed with conviction in a relatively short period of time.  So far, every day that the Dow Industrials makes a new high with the Dow Transports below the previous high is considered a Dow Theory non-confirmation which reinforces the bear market thesis.

Dow Theory: Non-Confirmation Looms

Review

·        On August2, 2011, Dow Theory indicated that the market was headed lower.  At that time we posted an article to indicatethat the bull market run from March 9, 2009 was over.
·        OnAugust 8, 2011, all indications were that the stock market had reached a pointwhere we could estimate the upside targets or bear market rally targets.  On August9, 2011, we said the bottom had been established and that the direction washigher.  We missed the actual marketbottom by 1.42%.  We also indicated thata renewed bull market could not be considered until the old highs, set in 2011,were exceeded.
·      On October15, 2011, we said that “…the indexeswill at least rise to the July highs [DJI-12,724/DJT-5,618] and maybe even the April 2011 highs [DJI-12,807/DJT-5,527].” With this in mind we said, “The coming market volatility will providegreat opportunities for traders and allow investors a chance to cash out ofotherwise undesirable positions and take profits. 
Dow Theory: February1, 2012
Today’smarket activity has the Dow Jones Industrial Average trading as high as 12,784.62and the Dow Jones Transportation Average trading as high as 5,374.81.  While the Dow Industrials are knocking on thedoor of the July 2011 high of 12,807, the Dow Transports appear to be far fromconfirming the generally bullish market direction.  However, keep in mind that the Transportstypically jump by a greater percentage day-to-day than the Industrials so itwould not be unexpected to see the Transports potentially give a bullishconfirmation from its current level.
Leavingaside the prospect that the Industrials and Transports may give a Dow Theorybull market signal, we’re still in a bear market.  Also, we have our reservations about arenewed bull market indication, when and if it comes.  After all, the Transportation Index havetypically led the way in terms of where the general market is headed.
Throughoutthe bull market run from March 9, 2009 until August 2, 2011, the TransportationAverage continually led the market higher and refused to confirm on thedownside.  Now that we’re currently in abear market, our view is best represented in the quote from our April6, 2011 comment, “what we see fromthe Transports on the way up we may also see on the way down.
Combinedwith the fact that we are already in a bear market and potentially faced withthe downside pressure of the second half of a 4-year cycle as indicated in our January10, 2012 posting and you’ve got the recipe for a classic Dow Theorynon-confirmation of a bull market.
ThePunchline: Be on the lookout for the Dow Industrials (12,807.51) and DowTransports (5,618.25) to jointly exceed their 2011 highs.  If either index cannot go above theirrespective 2011 high, then we have to assume that the bear market still rules.  If a bear market rules, from such aprecarious height, then it would be worth re-considering any new investments atthis time.

Buffett Prepares His Exit

In a Market Watch article title “Buffett’s Berkshire Buyback Part of Exit Plan”, it was announced that Berkshire Hathaway (BRK-A) will buy back shares of its Class-A and Class-B shares. In the article, it was also mentioned that “the plan also essentially provides for ‘an unlimited and perpetual program.’” This suggests that the shares of Berkshire Hathaway will continuously be bought under specific conditions.
We’re in perfect agreement that the current plan to repurchase Berkshire Hathaway (BRK-B) stock along with the introduction of a select team of managers is part of the strategy to phase out Warren Buffett’s involvement in the company. However, we think that the most overlooked part of Buffett’s departure plan was the purchase of Burlington Northern Santa Fe (BNI).
For a long time, Warren Buffett has been outspoken against the ownership of airline shares due to “…significant capital to engender the growth, and then earns little or no money.” Therefore, it would seem out of character to purchase a company in an industry synonymous for many of the same attributes as airlines. However, the purchase of a railroad company has two significant advantages that are not afforded to most corporations in the United States.
First, a quirk in the rules for railroads allow them to not have to liquidate in bankruptcy, if that were to occur. After Buffett is gone, whoever is in charge can bumble with some derivative instruments that, for unforeseen reasons, blow up. If the blow up were large enough, it could trigger the need to file bankruptcy to get Berkshire Hathaway’s house in order. The clause in the Interstate Commerce Commission (ICC) and Bankruptcy Act allows for railroads not to liquidate if faced with bankruptcy proceedings. This protects Berkshire Hathaway from having to sell off valuable assets while the company re-emerges out of bankruptcy.
The second significant succession strategy of a railroad has to do with what is called “compulsory mergers.” This requirement allows the ICC and a railroad that has gone bankrupt to merge with another company on terms drawn up by the ICC, the bankrupt company and the acquiring company.
Since the railroad industry, like the airline industry, is synonymous for bankruptcy, BRK gets to take advantage of the "compulsory" mergers rule under section 77 of the Bankruptcy Act. This rule gives the ICC "...control over formulating a plan for the reorganization of an insolvent railroad."
Knowing that bankruptcy is only just around the corner in the next economic purge, Berkshire Hathaway can absorb other rails with absolute impunity. Even better, "...Section 5 of the Commerce Act, which governs mergers of solvent railroads, give the merging carriers primary control over the formulation of a merger plan." Could you imagine structuring your own deal of a merging rail that is going bankrupt?
There is a lot of precedent for these laws in the structuring of many railroads.  In fact,  Chicago, Burlington and Quincy Railroad and Northern Pacific Railway (independent companies before their merger) have had their days with aspects of these rules before merging. Because railroads go bankrupt often, there are many examples of how this works. In one "merger," an acquiring railroad "bought" $1.9 million of claims against the state of Florida at a cost of $5,000 from another railroad facing bankruptcy. In our examination of the topic, we have seen assets worth even more being given away for $0.00 as part of a compulsory merger. 
Because Buffett has been outspoken against the ownership of airline shares due to the general lack of profitability and high propensity to go bankrupt, it seems out of character to purchase a company in an industry synonymous for the same attributes. We believe that Buffett’s purchase of Burlington Northern Santa Fe (BNI) was a critical piece of the succession strategy laid down for the benefit of current and future shareholders of Berkshire Hathaway.

Citations:

  • Berkshire Hathaway 2007 Annual Report. Page 8. 2007 Report here 
  • Altman, Edward I. Predicting Railroad Bankruptcies in America. The Bell Journal of Economics and Management Science. Vol. 4, No. 1 (Spring, 1973), pp. 184-211.
  • The Yale Law Journal. "'Compulsory' Mergers under Section 77 of the Bankruptcy Act". Vol. 64, No. 2 (December 1954). page 282-292
  • Bedingfield, Robert, “Top Officer Quits at Penn Central in Cash Squeeze”, New York Times, June 9, 1970. page 1.
  • Schroeder, Alice. The Snowball. Bantam Books, New York. 2008.

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