eBay's 10K Acknowledges Seller Dissatisfaction
By Ina Steiner
AuctionBytes.com
February 18, 2010

"As a publicly traded company, eBay presents risk factors in its U.S.
Securities and Exchange (SEC) filings, including legal matters, and
describes how they could impact the business going forward. In its current
10K filed with the SEC this week, eBay discusses the impact of its campaign
of changes to the Marketplaces unit:

*We have announced changes to our Marketplaces business intended to drive
more sales and improve seller efficiency. Some of the changes that we have
announced to date have been controversial with, and led to dissatisfaction
among, our sellers, and additional changes that we announce in the future
may also be negatively received by some of our sellers. Given the number of
recent changes that we have made to our policies and pricing, it may take
our sellers some time to fully assess and adjust to these changes, and
sellers may elect to reduce volume while making such assessments and
adjustments or in response to these changes. If any of these changes cause
sellers to move their business (in whole or in part) away from our websites
or otherwise fail to improve gross merchandise volume or the number of
successful listings, our operating results and profitability will be harmed.
*

The company goes on to say that its mix of sales would continue to shift
towards a fixed-price format. *"Accordingly, we have eliminated some of the
features related to our traditional auction-style format and expect others
will become less meaningful to, and used less frequently by, our sellers,
which would result in a corresponding decrease in revenues from such
features. In addition, we expect that the costs associated with our seller
discount programs will increase as more sellers will become eligible for
such discounts."*

eBay also said changes to its dispute resolution process in which it
generally reimburses buyers for the full amount of an item's purchase price
and shipping costs could increase its costs and loss rate.

*"We expect that our costs associated with resolutions will increase as we
make these changes to our resolutions policies and process. These changes,
together with any further changes that we may make to our resolutions
process in the future, may be negatively received by, and lead to
dissatisfaction on the part of, our sellers. These changes may also result
in an increase in buyer fraud and associated transaction losses. In
addition, eBay does not have the same rights of recoupment against sellers
as PayPal, which may result in higher costs to operate the program." *

The Wall Street
Journal<http://online.wsj.com/article/BT-CO-20100217-718929.html?mod=WSJ_latestheadlines>noted
that 10K also states that the lawsuit against eBay's Bill Me Later
unit could force the company to alter operations, cut some fees and pay
substantial damages that would adversely affect business.

Government regulation is also cited as a risk to Bill Me Later. "Although
Bill Me Later does not originate loans, one or more jurisdictions may
conclude that Bill Me Later is a lender or money transmitter or loan broker,
which could subject us to liability or regulation in one or more
jurisdictions."

Likewise, eBay's PayPal unit is at risk from regulation. *"If our Payments
business is found to be subject to or in violation of any laws or
regulations, including those governing money transmission, electronic funds
transfers, money laundering, counter-terrorist financing, banking and
lending, it could be subject to liability, licensure and regulatory approval
and may be forced to change its business practices."*

Government regulation continues to be a risk to eBay, including a push for
legislation by retail trade associations that would make eBay liable for the
sale of stolen property or would ban certain categories of goods from sale
on eBay, including gift cards and health and beauty products. "No such
legislation has passed. Nonetheless, the proponents continue to seek passage
of such legislation, and if any of these laws are adopted they could harm
our business."

The full filing with financial data can be found on the SEC
website<http://www.sec.gov/Archives/edgar/data/1065088/000119312510033324/d10k.htm>
"

*SO DONAHOE PRETTY MUCH ADMITS HE IS RUNNING OFF SELLERS AS QUICK AS HE CAN,
and HE ADMITS THEY ARE GETTING RID OF AUCTIONS.*

I feel more certain than ever that the eBay of two to three years from now
will have solely mega-sellers, and no auctions. Even if they shrink to half
the size, they will still be more profitable, because they will be able to
lay off 95% of their employees.

And tens of thousands of smaller sellers will be put out of business.

Bruce

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