This is the accessible text file for GAO report number GAO-08-163 entitled 'Audits of Public Companies: Continues Concentration in Audit Market for Large Public Companies Does Not Call for Immediate Action' which was released on January 10, 2008. This text file was formatted by the U.S. Government Accountability Office (GAO) to be accessible to users with visual impairments, as part of a longer term project to improve GAO products' accessibility. Every attempt has been made to maintain the structural and data integrity of the original printed product. Accessibility features, such as text descriptions of tables, consecutively numbered footnotes placed at the end of the file, and the text of agency comment letters, are provided but may not exactly duplicate the presentation or format of the printed version. The portable document format (PDF) file is an exact electronic replica of the printed version. We welcome your feedback. Please E-mail your comments regarding the contents or accessibility features of this document to Webmaster@gao.gov. This is a work of the U.S. government and is not subject to copyright protection in the United States. It may be reproduced and distributed in its entirety without further permission from GAO. Because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. Report to Congressional Addressees: United States Government Accountability Office: GAO: January 2008: Audits Of Public Companies: Continued Concentration in Audit Market for Large Public Companies Does Not Call for Immediate Action: Public Companies: GAO-08-163: GAO Highlights: Highlights of GAO-08-163, a report to congressional addressees. Why GAO Did This Study: GAO has prepared this report under the Comptroller General’s authority as part of a continued effort to assist Congress in reviewing concentration in the market for public company audits. The small number of large international accounting firms performing audits of almost all large public companies raises interest in potential effects on competition and the choices available to large companies needing an auditor. This report examines (1) concentration in the market for public company audits, (2) the potential for smaller accounting firms’ growth to ease market concentration, and (3) proposals that have been offered by others for easing concentration and the barriers facing smaller firms in expanding their market shares. GAO surveyed a random sample of almost 600 large, medium, and small public companies on their experiences with their auditors. GAO also interviewed the four largest accounting firms and surveyed all other U.S. accounting firms that audit at least one public company. GAO also developed an econometric model that analyzed the extent to which various factors, including concentration and new auditing requirements, affected fee levels. To supplement this work, GAO interviewed market participants, including public companies, investors, accounting firms, academics, and regulators. This report makes no recommendations. What GAO Found: While the small public company audit market is much less concentrated, the four largest accounting firms continue to audit almost all large public companies. According to GAO’s survey, 82 percent of large public companies—the Fortune 1000—saw their choice of auditor as limited to three or fewer firms, and about 60 percent viewed competition in their audit market as insufficient. Most small public companies reported being satisfied with the auditor choices available to them. Figure: Percentage of Companies Audited by Four Largest Accounting Firms, by Company Size Percentage: (Number of companies): This figure is a bar chart showing percentage of companies audited by four largest accounting firms, by company size. The X represents company revenue. The Y axis represents percentage (number of companies). 2002: <$100 million: 1,606: 44%; 2006: <$100 million: 794: 22%. 2002: $100 million-$500 million: 1,190: 90%; 2006: $100 million-$500 million: 907: 71%. 2002: >$500 million-$1 billion: 498: 95%; 2006: >$500 million-$1 billion: 516: 92%. 2002: >$1 billion: 1,211: 98%; 2006: >$1 billion: 1,513: 98%. [See PDF for image] Source: GAO analysis of Audit Analysis data. [End of figure] Although audit fees rose significantly in recent years, market participants attributed these increases to expanding accounting and auditing requirements and higher costs for accounting firm personnel. GAO’s model also found that factors other than concentration appeared to explain audit fee levels. Public company officials generally acknowledged that audit quality had increased. Although current concentration does not appear to be having a significant adverse effect, the loss of another large firm would further reduce large companies’ auditor choice and could affect audit fee competitiveness. Smaller accounting firms face various challenges in expanding to audit more public companies, although most are not interested in these clients. As a result, concentration in the audit market for large public companies is likely to continue. Large public companies that GAO surveyed said that smaller firms lacked the capacity and technical expertise they wanted in an auditor. Audit firms that GAO surveyed said that adding qualified staff and increasing their name recognition were the most significant challenges they faced in expanding their public company audit practices. Some have taken steps to increase their capacity by joining networks with other firms. Academics and business groups have put forth proposals to reduce audit market concentration and address challenges facing smaller accounting firms, including capping auditors’ liability and creating an office to share technical expertise. Market participants raised questions about the overall effectiveness, feasibility, and benefit of these proposals, and none were widely supported. Given the lack of significant adverse effect of concentration in the current environment and that no clear consensus exists on how to reduce concentration, no compelling need for immediate action appears to exist. To view the full product, including the scope and methodology, click on [hyperlink, http://www.GAO-08-163]. To view the results of GAO's surveys to public companies and accounting firms, click on GAO-08- 164SP. For more information, contact Orice Williams at (202) 512-8678 or williamso@gao.gov [End of section] Contents: Letter: Results in Brief: Background: With Continued Audit Market Concentration, Large Public Companies See Limited Choices, but No Apparent Significant Effect on Fees: Midsize and Smaller Firms Face Challenges Auditing Public Companies, and Growth in These Firms Is Unlikely to Ease Concentration in the Large Public Company Audit Market: Proposals for Addressing Concentration and Increasing Market Share for Smaller Auditors Have Significant Disadvantages: Agency Comments and Our Evaluation: Appendix I: Objectives, Scope, and Methodology: Appendix II: Other Issues Related to Concentration in the Audit Market: Appendix III: Analysis of Auditor Changes: Appendix IV: Trends in Audit Costs and Quality: Appendix V: Econometric Analysis of the Effect of Industry Concentration on Audit Fees: Appendix VI: GAO Contacts and Staff Acknowledgments: Tables: Table 1: Summary of Selected Sarbanes-Oxley Act Provisions Affecting Public Companies and Accounting Firms: Table 2: Largest, Midsize, and Smaller Accounting Firm Capacity, 2006: Table 3: Disposition of Public Company Sample: Table 4: Disposition of Accounting Firms Selected for Survey: Table 5: Market Shares of Audit Fees by Accounting Firm Size: Table 6: Public Companies Changing Accounting Firms, January 2003 to June 2007: Table 7: Percentage and Number of Changes Public Companies Made in Auditors, by Region: Table 8: Descriptive Statistics of the Panel Data Set, 2000-2006: Table 9: Hirchman-Herfindahl Indexes by Sector, 2000-2006: Table 10: Primary Variables in the Econometric Analysis: Table 11: Correlation Matrix, GAO Panel Data Set, Select Variables: Table 12: Random-Effects and Fixed-Effects Models Explaining Log of Fees: Table 13: Fixed Models Explaining Log of Fees, by Market Segments, 2001- 2006: Figures: Figure 1: Significant Mergers of the 1980s and 1990s: Figure 2: Public Companies and Their Auditors, 2002 and 2006: Figure 3: Hirschman-Herfindahl Indexes for Public Company Market Segments Grouped by Company Revenues: Figure 4: Percentage of Midsize and Small Companies That Reported Having Three or Fewer Choices for Auditor: Figure 5: Percentage of Small and Midsize Companies Reporting They Did Not Have Enough Choices for Auditor: Figure 6: Changes in Auditors among Small and Midsize Public Companies: Figure 7: Percentage of Public Companies Indicating That the Level of Audit Market Competition Was Sufficient: Figure 8: Firms' Challenges in Auditing Large Public Companies: Figure 9: IPOs, 2003-2007: Figure 10: Midsize and Smaller Firms' Challenges in Auditing Small and Midsize Companies: Figure 11: 2006 Market Shares of Each of the Largest Firms Compared to Other Firms, as Measured by Audit Fees: Figure 12: Hirschman-Herfindahl Indexes, 2000-2006: Figure 13: Hirschman-Herfindahl Indexes, Markets Segmented by Industry: Figure 14: HHI with Simulated Firm Failure or Merger: Abbreviations: AICPA: American Institute of Certified Public Accountants: AMEX: American Stock Exchange: CAQ: Center for Audit Quality: CEO: chief executive officer: CFO: chief financial officer: CPA: certified public accountant: DOJ: Department of Justice: EDGAR: Electronic Data Gathering, Analysis, and Retrieval system: EITF: Emerging Issues Task Force: FASB: Financial Accounting Standards Board: FTC: Federal Trade Commission: GAAP: generally accepted accounting principles: GAAS: generally accepted auditing standards: GLS: generalized least squares: HHIL: Hirschman-Herfindahl Index: IOSCO: International Organization of Securities Commissions: IPO: initial public offering: NAICS: North American Industry Classification System: NASBA: National Association of State Boards of Accountancy: NYSE: New York Stock Exchange: OLS: ordinary least squares: OTCBB: Over the Counter Bulletin Board: PAR: Public Accounting Report: PCAOB: Public Company Accounting Oversight Board: SEC: Securities and Exchange Commission: United States Government Accountability Office: Washington, DC 20548: January 9, 2008: Congressional Addressees: Public and investor confidence in the reliability of financial reporting is critical to the effective functioning of the U.S. capital markets. Federal securities laws require that a company raising capital by issuing securities to the public have an independent public accountant perform an audit of the company's financial statements to provide reasonable assurance about whether the financial statements are fairly presented. Since the 1980s, a small number of large U.S. accounting firms have traditionally performed audits for the vast majority of the public company market (when measured by the share of total audit fees collected). Among the clients of these large firms are almost all of the largest U.S. companies.[Footnote 1] The small number of large accounting firms performing such audits has decreased as a result of mergers and the dissolution of one firm, falling from eight in the 1980s to four today.[Footnote 2] These four firms--referred to here as the largest firms--have thousands of partners, tens of thousands of employees, offices located around the world, and each had more than one thousand public company audit clients for 2006.[Footnote 3] The next four largest accounting firms--referred to here as midsize firms--operate nationally, and to some extent, internationally but have substantially fewer employees and partners, and each had less than 500 public company audit clients for 2006.[Footnote 4] All other accounting firms--referred to here as smaller firms--audit regional and local public companies and have fewer than 100 public company clients.[Footnote 5] With the audit market concentrated among the four largest firms, concerns have been raised about the number of choices that companies have when selecting an auditor and the extent of competition in the market. In 2003, we conducted a study (mandated by the Sarbanes-Oxley Act) on consolidation that had occurred in the accounting profession. Our study followed the dissolution of one of the then-five largest accounting firms, Arthur Andersen. At that time, we found that although audits for large public companies were highly concentrated among the largest accounting firms, the market for audit services appeared competitive according to various indicators.[Footnote 6] Given that several years have passed since the dissolution of Arthur Andersen and the passage of the Sarbanes-Oxley Act, which introduced reforms to public reporting and auditing, this report provides an update on the trends in the market for public company audits that we identified in 2003 in the market for public company audits.[Footnote 7] Among the changes affecting the audit market that have occurred since our last report are additional requirements for public companies and auditors to assess, report on and attest to companies' internal control practices, restrictions intended to ensure the accounting firm's independence that limit public companies' ability to use their auditors for certain other services, and the creation of a new oversight body for accounting firms. We prepared this report under the Comptroller General's authority to conduct evaluations on his own initiative as part of a continued effort to assist Congress in reviewing concentration in the market for public company audits. Specifically, this report examines (1) the level of concentration in the market for public company audits and the impact of this concentration, (2) the potential for increased capacity among midsize and smaller accounting firms to ease market concentration, and (3) proposals that have been offered by others for easing concentration in the market for public company audits and the barriers facing midsize and smaller firms in expanding their market share for public company audits. To address these objectives, we collected data and analyzed changes in companies' choice of auditors and in audit fees, computed concentration ratios and other measures of concentration. We developed an econometric model to evaluate how various factors, including the level of market concentration, could explain fees that public companies paid to their auditors. To obtain the views of public companies and accounting firms on audit competition and challenges, we conducted two surveys. First, we surveyed a random sample of 595 of more than 6,000 publicly held companies, some of which had recently changed auditors.[Footnote 8] Our sample included large public companies (those in the Fortune 1000); midsize public companies (those outside the Fortune 1000 with market capitalizations--the value of the total outstanding shares of stock-- above $75 million); and small companies with less than $75 million in market capitalization.[Footnote 9] Our response rate for this survey was 73 percent.[Footnote 10] Because our survey was based on a random sample of the population, it is subject to sampling errors. The likely range of these errors for any survey statistics is no greater than plus or minus 12 percentage points, unless otherwise noted. In addition, we surveyed representatives of all 434 U.S. accounting firms that audited at least 1 public company in 2006 and were registered with the Public Company Accounting Oversight Board (PCAOB). Our response rate was 58 percent.[Footnote 11]Results from our survey of accounting firms are limited to those midsize and smaller firms with five or more public company clients. Instead of surveying the four largest firms, we conducted separate structured interviews with representatives from each firm to obtain their views on the issues covered in the survey. This report does not contain all the results from the surveys, but the surveys themselves and a more complete tabulation of the results can be viewed at [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-164SP]. We also interviewed staff from the Securities and Exchange Commission (SEC), PCAOB, Department of Justice (DOJ); academics; private consultants; trade associations; accounting firms; public companies; and insurance companies. To obtain information about the strengths and weaknesses of various proposals that have been offered to address concentration and the challenges that midsize and smaller firms face, we also held a roundtable discussion on July 10, 2007, involving 18 market participants, including representatives of accounting firms, public companies, investors, academics, and insurers. For more information on our scope and methodology, see appendix I. We conducted this performance audit in New York City and Washington, D.C., from October 2006 to January 2008 in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. Results in Brief: Although the market for small public company audits has become much less concentrated since 2002, the continuing concentration in the market for larger public companies limits these companies' auditor choices but does not appear to have significantly affected audit fees. According to our analysis, the largest accounting firms audit 98 percent of the more than 1,500 largest public companies--those with annual revenues of more than $1 billion. In contrast, midsize and smaller firms audit almost 80 percent of the more than 3,600 smallest companies--those with annual revenues of less than $100 million. Larger public companies we surveyed indicated that the industry expertise and technical capability that they sought in an auditor generally meant that their choices were limited to the largest accounting firms. According to our survey of a random sample drawn from a population of more than 6,000 public companies, almost 60 percent of large companies indicated that the number of accounting firms from which they could choose was not adequate, although some company officials described taking steps to ensure that they would have at least one alternative firm they could use under the more restrictive auditor independence rules. In contrast, about 75 percent of the smallest public companies saw their number of auditor choices as sufficient. While audit fees have increased significantly in recent years, many market participants that we interviewed attributed fee increases to additional audit work and expanded accounting and audit requirements and higher costs to hire, train, and retain qualified staff. In addition, the econometric model we developed to evaluate the relationship between market concentration and audit fees indicated that factors other than concentration appeared to explain the recent fee increases. The level of market concentration also does not appear to be affecting audit quality as many of our survey respondents and those we interviewed said that audit quality had improved, which some attributed to the Sarbanes- Oxley Act. Although the current level of concentration does not appear to be having significant adverse effect, public company officials and others we interviewed indicated that a merger or the failure of one of the largest firms would further reduce companies' auditor choices and could potentially result in higher audit fees and fewer choices. The various federal organizations that have a role in overseeing activities in the audit market, including SEC, PCAOB, and DOJ, are prepared to take various actions to help minimize the disruption to the market if further concentration occurred. The concentration in the large public company audit market is also unlikely to be reduced in the near term by midsize and smaller accounting firms because a significant majority is not interested in auditing large public companies and those that are interested face various challenges in expanding their capability to do so. Over 70 percent of midsize and smaller accounting firms indicated that they were not attempting to obtain large public company clients. Approximately 90 percent of large public companies we surveyed cited lack of capacity as a reason why they would not consider using midsize or smaller firms as their auditor. As a result, many of these firms would have to greatly expand their staffing and geographic capabilities to serve such companies. However, the most frequent impediment to expansion cited by accounting firms responding to our survey was difficulty finding staff. Smaller firms also saw their lack of name recognition and reputation as preventing them from obtaining more large public company clients. Other difficulties that some accounting firms cited in obtaining more public company clients included limited access to capital and difficulty complying with multiple state licensing requirements. Some firms have taken steps to address such challenges, such as mergers or joining networks. Various proposals by academics and business groups have been put forth to reduce the risks of current and further audit market concentration and the challenges facing midsize and smaller accounting firms, but each proposal also has disadvantages. For example, some have suggested that requiring one or more of the largest firms to spin off a portion of their operations to create more than four firms with the capacity to audit large public companies could ease current concentration. However, market participants we spoke with raised concerns that splitting up these firms could reduce their economies of scale and the depth of expertise that currently allow the largest firms to effectively and efficiently audit large companies. Some have also put forth proposals to reduce the risk of further concentration that could arise if one of the largest firms leaves the market as the result of a large litigation judgment or a regulatory action. Proposals to reduce this risk include placing caps on auditors' liability and having regulators or others take enforcement actions only against responsible partners or employees rather than the firm as whole. However, some of the academics and others we spoke with saw such liability caps and enforcement limitations as potentially reducing the incentives for auditors to conduct quality work. Other proposals have been offered to help midsize and smaller firms expand their market share, thus potentially easing concentration. These proposals include allowing outside ownership of these firms in order to provide capital to expand their operations, creating a group of accounting and auditing experts to provide needed expertise to smaller auditing firms, and establishing a professionwide accreditation program to help these firms overcome some of the name recognition and reputation challenges they face. However, while each action could offer benefits, market participants generally saw these proposals as having limited effectiveness, feasibility, and benefit. In light of limited evidence that the currently concentrated market for large public company audits has created significant adverse impact and the general lack of any proposals that were clearly seen as effective in addressing the risks of concentration or challenges facing smaller firms without serious drawbacks, we found no compelling need to take action. As a result, this report does not include any recommendations. We provided copies of a draft of this report to SEC, DOJ, PCAOB, and the Department of the Treasury. SEC, PCAOB, and DOJ provided technical comments, which have been incorporated where appropriate. Treasury had no comments. Background: Following the 1929 stock market crash, legislation was passed that required companies seeking to raise funds from the public to provide audited financial statements to their investors. The Securities Act of 1933 and the Securities Exchange Act of 1934 established the principle of full disclosure, which requires that public companies provide full and accurate information to the investing public. Under these federal securities laws, public companies are responsible for the preparation and content of financial statements that are complete and accurate and are presented in conformity with U.S. generally accepted accounting principles (GAAP). Financial statements, which disclose a company's financial position (balance sheet), stockholders' equity, results of operations (income statement), and cash flows, are an essential component of the disclosure system on which the U.S. capital and credit markets are based. Federal securities laws also require that public companies have the financial statements they prepare audited by an independent public accountant. The independent public accountant's audit is critical to the financial reporting process because the audit subjects companies' financial statements to scrutiny on behalf of shareholders and creditors to whom company management is accountable. The auditor is the independent link between management and those who rely on the financial statements. The statutory independent audit requirement, in effect, grants a franchise to the nation's public accountants, as an audit opinion on a public company's financial statements must be secured before an issuer of securities can go to market, have the securities listed on the nation's stock exchanges, or comply with the reporting requirements of the securities laws. Having auditors attest to the reliability of financial statements of public companies is intended to increase public and investor confidence in the fairness of the financial information. Moreover, investors and other users of financial statements expect auditors to bring integrity, independence, objectivity, and professional competence to the financial reporting process and to prevent the issuance of misleading financial statements. The resulting sense of confidence in companies' audited financial statements, which is key to the efficient functioning of the markets for public companies' securities, can exist only if reasonable investors perceive auditors as independent and expert professionals who will conduct thorough audits. In the event that companies are alleged to have misled the public or presented falsified financial information, the accounting firms that performed those audits are also sometimes included in suits brought by investors or actions pursued by regulators. Accounting Firm Structure: Most accounting firms that audit public companies in the United States are organized as partnerships. Unlike corporations, which generally issue stock to their shareholders in exchange for capital to conduct their operations, accounting firms structured as partnerships obtain capital from their partners. To conduct an audit of a public company, an accounting firm establishes an engagement team that is typically headed by a lead audit partner and includes a concurring audit partner, audit staff and managers, and, as needed, technical specialists. The lead audit partner has responsibility for decision making on significant auditing, accounting, and reporting matters that affect the financial statements; reviewing the audit work; and maintaining regular contact with management and the audit committee. The concurring audit partner is responsible for reviewing the audit.[Footnote 12] To provide technical assistance to engagement teams, the larger accounting firms have national offices staffed with experts in auditing and accounting standards. These national offices are made up of accounting and auditing technical specialists who assist engagement teams by responding to complex questions, researching answers, and providing guidance to individual audit teams. These specialists also provide guidance to the entire firm on handling issues that arise during the course of audits, including evaluating the fair presentation of the financial statements. Mergers and the Loss of a Major Firm Have Resulted in a National and International Market Dominated by Four Large Firms: Although the largest U.S. accounting firms have used mergers and acquisitions to help build their businesses and expand nationally and internationally since the early part of the twentieth century, in the late 1980s the eight largest firms--known as the Big 8--began merging with each other. As shown in figure 1, by 2000 various mergers among the largest accounting firms had left five large firms that accounted for the majority of audit revenues among firms auditing public companies. Figure 1: Significant Mergers of the 1980s and 1990s: This figure is a flowchart illustrating significant mergers of the 1980s and 1990s. [See PDF for image] Source: Interviews with the four largest accounting firms and Public Accounting Report, 1986-2002. [End of figure] In 2002, the market consolidated further to 4 large firms after the Department of Justice criminally indicted Arthur Andersen on obstruction of justice charges stemming from the firm's role as auditor of Enron Corporation. The indictment and subsequent conviction of Arthur Andersen led to a mass exodus of its partners and staff, as well as clients. As a result, the firm was dissolved in 2002.[Footnote 13] [See PDF for image] [End of figure] Statutory Changes Affecting Requirements for Public Companies and Their Auditors: Public companies and the accounting profession have experienced many reporting and auditing changes in recent years. In the aftermath of various financial scandals at large public companies such as Enron and WorldCom in the early 2000s, new legislation was passed to help restore investor confidence in the nation's capital markets.[Footnote 14] The Sarbanes-Oxley Act of 2002 (the Act) introduced major reforms to public company financial reporting and auditing that were intended to improve the accuracy and reliability of financial reporting and enhance auditors' independence and audit quality. The reforms include the following: * Section 404(a) of the Act requires that in each annual financial report filed with SEC the management of public companies must (1) state its responsibility for establishing and maintaining an adequate internal control structure and procedures for financial reporting and (2) assess the effectiveness of its internal control structure and procedures for financial reporting. * Section 404(b) requires that each public company's accounting firm must attest to and report on management's assessment of the effectiveness of internal control over financial reporting. * A separate provision prohibits the company's auditor from providing certain nonaudit services, including bookkeeping, appraisal services, actuarial services, and internal audit outsourcing services. * Another provision requires the mandatory rotation of lead and reviewing audit partners after they have provided audit services to a particular public company for 5 consecutive years. The Act also established the PCAOB as a private-sector nonprofit organization subject to SEC oversight. PCAOB's mission is to oversee the audits of public companies in order to protect the interests of investors and further the public interest in the preparation of informative, fair, and independent audit reports. Table 1 shows other provisions affecting the corporate governance, auditing, and financial reporting of public companies. Table 1: Summary of Selected Sarbanes-Oxley Act Provisions Affecting Public Companies and Accounting Firms: Provision: Section 101: Public Company Accounting Oversight Board; Main requirements: Establishes the PCAOB to oversee the audit of public companies that are subject to the securities laws. Provision: Section 201: Services Outside the Scope of Practice of Auditors; Main requirements: Registered accounting firms cannot provide certain nonaudit services to a public company if the firm also serves as the auditor of the financial statements for the public company. Examples of prohibited nonaudit services include bookkeeping, appraisal or valuation services, internal audit outsourcing services, and management functions. Provision: Section 301: Public Company Audit Committees; Main requirements: Listed company audit committees are responsible for the appointment, compensation, and oversight of the registered accounting firm, including the resolution of disagreements between the registered accounting firm and company management regarding financial reporting. Audit committee members must be independent. Provision: Section 302: Corporate Responsibility for Financial Reports; Main requirements: For each annual and quarterly report filed with SEC, the chief executive officer (CEO) and chief financial officer (CFO) must certify that they have reviewed the report and, based on their knowledge, the report does not contain untrue statements or omissions of a material fact resulting in a misleading report and that, based on their knowledge, the financial information in the report is presented fairly. Provision: Section 404: Management Assessment of Internal Controls; Main requirements: This section consists of two parts (a and b). First, in each annual report filed with SEC, company management must state its responsibility for establishing and maintaining an adequate internal control structure and procedures for financial reporting, and assess the effectiveness of its internal control structure and procedures for financial reporting. Second, the registered accounting firm must attest to, and report on, management's assessment of the effectiveness of its internal control over financial reporting. Provision: Section 407: Disclosure of Audit Committee Financial Expert; Main requirements: Public companies must disclose in periodic reports to SEC whether the audit committee includes at least one member who is a financial expert and, if not, the reasons why. Source: GAO. [End of table] The PCAOB has several responsibilities, including: * registering public accounting firms that prepare audit reports for public companies; * establishing auditing, quality control, ethics, independence, and other standards relating to the preparation of audit reports for public companies; * conducting inspections of registered public accounting firms; and: * conducting investigations and disciplinary proceedings of registered public accounting firms and those associated with such firms. Under the Act, SEC was granted oversight and enforcement authority over PCAOB and must approve rules proposed by PCAOB for them to become effective.[Footnote 15] PCAOB is required to annually inspect registered accounting firms that provide audit reports for more than 100 issuers and at least triennially inspect firms with fewer issuers.[Footnote 16] It conducted its first accounting firm inspections during 2003, but these inspections were limited in scope and were performed only on the largest firms. Since 2004, PCAOB has conducted full scope inspections of accounting firms of all sizes. As required in the Sarbanes-Oxley Act, PCAOB has issued individual reports to the accounting firms explaining issues identified in the inspections and has also issued reports covering common observations from their inspection process.[Footnote 17] The Sarbanes-Oxley Act also mandated that we study (1) the factors contributing to the mergers among the largest accounting firms in the 1980s and 1990s; (2) the implications of consolidation on competition and client choice, audit fees, audit quality, and auditor independence; (3) the effect of consolidation on capital formation and securities markets; and (4) barriers to entry faced by smaller accounting firms in competing with the largest firms for large public company audits. In 2003, we issued our report Public Accounting Firms: Mandated Study on Consolidation and Competition (GAO-03-864). We concluded in 2003 that the audit market was in the midst of unprecedented change. The market had become more highly concentrated, and the largest firms, as well as other accounting firms, faced tremendous challenges as they adapted to new risks and responsibilities, new independence standards, a new business model, and a new oversight structure, among other things. In many cases it was unclear what the ultimate outcome of the changes would be, and we noted that past findings might not reflect the future situation. We also identified several important issues that we believed warranted additional attention and study by the appropriate regulatory or enforcement agencies, such as the effect of the existing level of concentration on audit price and quality. Significant Audit and Accounting Standards and Rules Changes Since 2003: Since 2003, significant activity related to management reporting and auditing standards has continued to occur. In 2002, 2003, and 2004, SEC issued rules and guidance on implementing some of the Sarbanes-Oxley Act's provisions. Among these was the requirement that a public company's chief executive officer and chief financial officer certify in quarterly and annual reports issued after August 29, 2002, that their company's financial statements fairly present in material respects the company's financial condition (Section 302).[Footnote 18] In June 2003, SEC issued final rules to implement Section 404 of the Sarbanes-Oxley Act.[Footnote 19] Section 404(a) requires company management, in each annual report filed with SEC, to state their responsibility for establishing and maintaining an adequate internal control structure and procedures for financial reporting and to assess the effectiveness of its internal control structure and procedures for financial reporting. Section 404(b), which requires the registered accounting firm to attest to and report on management's assessment of the effectiveness of its internal control over financial reporting was implemented later. Public companies whose outstanding stock held by the public was valued at $75 million or more--known as accelerated filers- -were first required to comply with Section 404(a) and (b) for fiscal years ending on or after November 15, 2004.[Footnote 20] Public companies with stock in public hands valued at less than $75 million-- called nonaccelerated filers--were granted several extensions but are now expected to comply with these Section 404 requirements over the next 2 years--for Section 404(a) in fiscal years ending after December 15, 2007, and for Section 404(b) in the first annual filing after December 15, 2008. PCAOB issued its first audit standard on December 17, 2003, which the SEC approved on May 14, 2004, and, as of August 2007, has issued a total of five audit standards. On July 25, 2007, SEC approved Auditing Standard No. 5, An Audit of Internal Control Over Financial Reporting That is Integrated with an Audit of Financial Statements, to replace Auditing Standard No. 2, An Audit of Internal Control Over Financial Reporting Performed in Conjunction with an Audit of Financial Statements. According to PCAOB, Auditing Standard No. 2 was more costly than expected, and the related effort involved in complying with it appeared to be more than was necessary to conduct an effective audit of internal controls over financial reporting. Specifically, PCAOB noted that auditors were focusing on minutiae that were unlikely to affect the financial statements and that audit programs were not tailored to small companies. Auditing Standard No. 5, which is expected to address some of the cost issues, became effective for audits in fiscal years ending on or after November 15, 2007. Other accounting and financial reporting standards and requirements have been implemented in recent years. Between January 2003 and August 2007, the Financial Accounting Standards Board (FASB), which issues the accounting standards that SEC recognizes as GAAP for public companies, issued 11 statements (Nos. 149 through 159) and revised statement number 123. These statements cover a range of topics including financial instruments, fair value, and pensions. In addition, other guidance has been issued by the FASB emerging issues task force (EITF), SEC, and other groups. For instance, FASB issued EITF Issue No. 06-6, "Debtor's Accounting for a Modification (or Exchange) of Convertible Debt Instruments" in November 2006. SEC issued Staff Accounting Bulletin Number 108 on September 13, 2006, summarizing the views of the staff regarding the process of quantifying financial statement misstatements. These recent changes to accounting and financial reporting standards and guidance add to an already highly complex set of standards and rules for public company financial reporting. Currently GAAP consists of more than 2,000 separate pronouncements issued in various forms by numerous bodies including SEC, FASB, American Institute of Certified Public Accountants (AICPA), and others. SEC Chairman Cox has stated that "our current system of financial reporting has become unnecessarily complex for investors, companies, and the markets generally."[Footnote 21] In June 2007, SEC established the SEC Advisory Committee on Improvements to Financial Reporting to study the causes of complexity and recommend ways to make financial reports clearer and more beneficial to investors, reduce costs and unnecessary burdens for preparers, and better use advances in technology to enhance all aspects of financial reporting. With Continued Audit Market Concentration, Large Public Companies See Limited Choices, but No Apparent Significant Effect on Fees: Despite some reduction since 2002, the overall public company audit market has remained highly concentrated. For large public companies, the market remains highly concentrated, with the four largest accounting firms auditing the financial statements of almost all large public companies. However, the audit market for smaller public companies has become much less concentrated since 2002. Larger public companies indicated that the industry expertise and technical capability that they sought in an auditor generally meant that their choices were limited to the largest accounting firms in this highly concentrated market. Those we spoke to and surveyed had mixed views on the extent to which the current level of concentration adversely affected choice, audit prices, and audit quality, but most participants did not see the current level of concentration as significantly affecting these aspects of competition. Although audit fees have increased and public companies' opinions of the adequacy of competition in the audit market varied, other factors appear to explain the recent fee increases. While the current level of concentration does not appear to be having significant adverse effect, the loss of another of the larger firms would further increase concentration and limit company choices and may affect price competition. Regulators overseeing the functioning of the audit market could take several actions in response to another large audit firm's leaving the market. Overall Market for Public Company Audits Remains Highly Concentrated: To assess the degree of concentration in a market, we used the preferred practice of examining the proportion of each competing seller's--in this case accounting firms--share of the overall revenue collected. In the case of accounting firms, the revenue measured is the total amount of fees these firms collected. Using data from Audit Analytics, which collects audit fee information from the filings public companies submit to SEC, we found that the largest firms collected 94 percent of all audit fees paid by public companies in 2006, slightly less than the 96 percent they collected in 2002. As a result, the overall market continues to represent a tight oligopoly, which is a concentrated market in which a small number of firms have large enough market share to potentially use their market power, either unilaterally or through collusion, to greatly influence price and other business practices to their advantage.[Footnote 22] A key statistical measure used to assess market concentration and the potential for firms to exercise market power is the Hirschman- Herfindahl Index (HHI).[Footnote 23] The HHI for a market is calculated using the various market shares (in the case of the audit market, measured by total audit fees collected) of all the firms competing to offer services within that market. In 2006, the HHI for the overall market for public company audits was 2,300. According to guidelines issued jointly by the Department of Justice (DOJ) and the Federal Trade Commission (FTC), an HHI above 1,800 indicates a highly concentrated market. Analyzing the audit market by industry and region reveals that many industries have similarly highly concentrated audit markets. For example, in 2006 the HHI of the audit market in the utilities sector was over 3,500. The audit market was also similarly concentrated for companies across six major geographic regions of the country.[Footnote 24] (App. II contains further discussion of overall market concentration.) In addition to the potential for dominant competitors to use their market power to charge uncompetitive prices, highly concentrated markets also raise other competitive concerns. For example, firms with significant market power have the potential to reduce the quality of their products or to cut back on the services they provide because the lack of competitive alternatives would limit customers' ability to obtain services elsewhere. Similarly, firms that dominate a given market may feel less pressure to introduce innovative products and services. Finally, a highly concentrated market increases the potential for the dominant firms to engage in coordinated actions that can harm clients, such as coordinating actions to influence the development of standards that raise costs for their customers. However, the presence of high market shares does not necessarily mean that anticompetitive behavior is occurring. Competition in an oligopoly can also be intense and result in a market with competitive prices, innovation, and high- quality products. Markets with a few large dominant firms can form for natural reasons and can also be beneficial. As we reported in 2003, several key factors spurred the increased consolidation in the market that resulted from the mergers of the eight largest accounting firms in the 1980s and 1990s.[Footnote 25] For example, as U.S. corporations have increasingly expanded into global markets, their need for accounting firms with greater global reach also increased. Many public companies have developed more complex operations and financial transactions, such as the increasing use of derivatives and other financial arrangements, and these changes increased the need for auditors with specialized industry- specific or technical expertise. Further, some accounting firms wanted to modernize their operations, build their staff capacity, and spread their risk over a broader capital base, and large firms can achieve greater economies of scale by spreading certain fixed costs, such as staff training, over an expanded client base. Therefore, the size of the largest firms may enable them to develop sufficient technical expertise and the ability to conduct work globally to meet the needs of complex multinational audit clients and to do so at a lower cost than could be provided by smaller audit firms. Some academic sources have also suggested that the size of the largest firms may give them the ability to resist potential pressure from large public company clients to reduce or compromise audit quality. Although Smaller Public Company Market Has Become Less Concentrated, Concentration in the Market for Large Companies Persists: Although the market is concentrated overall, the degree of market concentration, and, thus, the extent to which the largest firms dominate, declines with the size of public companies. As shown in figure 2, the proportion of large public companies audited by one of the largest accounting firms has not changed since 2002. However, the proportion of the smallest public companies that used the largest auditors fell by half from 2002 to 2006. Specifically, the share of public companies with less than $100 million in revenue audited by the largest firms decreased from 44 percent to 22 percent over this period. As figure 2 shows, smaller accounting firms now serve as auditors for many of the companies that had previously used the largest firms. The share of companies with revenues between $100 and $500 million that the largest firms audited also declined during this period from 90 to 71 percent. Officials from the largest accounting firms and other market participants told us resource constraints in the aftermath of the Arthur Andersen collapse and the Sarbanes-Oxley Act led the largest firms to resign from auditing some smaller companies or raised their audit fees higher than some smaller companies were willing to pay. Figure 2: Public Companies and Their Auditors, 2002 and 2006: This figure is a bar graph showing public companies and their auditors, 2002 and 2006. The X axis represents the year, and the Y axis represents the percentage. 2002; Smaller firms: 45%; Midsize firms: 10%; Largest firms: 44%; Total companies: 3,617; Company revenue: <$100 million. 2006; Smaller firms: 69%; Midsize firms: 10%; Largest firms: 22%; Total companies: 3,643; Company revenue: <$100 million. 2002; Smaller firms: 5%; Midsize firms: 6%; Largest firms: 90%; Total companies: 1,329; Company revenue: $100 million-$500 million. 2006; Smaller firms: 13%; Midsize firms: 16%; Largest firms: 71%; Total companies: 1,272; Company revenue: $100 million-$500 million. 2002; Smaller firms: 3%; Midsize firms: 2%; Largest firms: 95%; Total companies: 522; Company revenue: $500 million-$1 billion. 2006; Smaller firms: 2%; Midsize firms: 6%; Largest firms: 92%; Total companies: 522; Company revenues: $500 million-$1 billion. 2002; Smaller firms: 1%; Midsize firms: 1%; Largest firms: 98%; Total companies: 1,241; Company revenue: >$1 billion. 2006; Smaller firms: 0%; Midsize firms: 2%; Largest firms: 98%; Total companies: 1,544; Company revenue: >$1 billion. [See PDF for image] Source: GAO analysis of Audit Analysis data. Note: Totals do not always add to 100 percent due to rounding. [End of figure] As the share of smaller companies audited by the largest firms has declined, concentration in the audit market for these companies has eased significantly. By grouping public companies by their revenues and calculating HHIs for these groupings, we found that while the audit market for larger public companies with revenues greater than $500 million remained highly concentrated, the market for smaller public companies with 500 million in revenue or less had become much less concentrated.[Footnote 26] As figure 3 shows, between 2002 and 2006 the HHI for the audit market for the smallest public companies--those with annual revenues of less than $100 million--declined from a level of 1,400 to about 800. According to DOJ and FTC guidelines, a market with an HHI of less than 1000 is considered to be unconcentrated, and no competitor would likely have the ability to exert market power. The audit market for public companies with revenues between $100 million and $500 million also became less concentrated. The HHI for this market fell from a 2002 level indicating high concentration to a 2006 level indicating only moderate concentration. Figure 3: Hirschman-Herfindahl Indexes for Public Company Market Segments Grouped by Company Revenues: This figure is a bar graph showing Hirschman-Herfindahl indexes for public company market segments grouped by company revenues. The X axis represents company size by revenue, and the Y axis represents HHI. [See PDF for image] Source: GAO analysis of Audit Analysis data. [End of figure] In Concentrated Market, Some Companies Perceive Limited Auditor Choice: Many of the largest public companies--those in the Fortune 1000--told us that they generally found the audit firm attributes they sought only in the largest accounting firms, and as a result, many of these companies saw their number of auditor choices as insufficient. Midsize and small companies were generally more likely than large companies to report that they had more than three choices. Large Public Companies and Auditor Choices: In the current concentrated market, large companies perceived their choices as limited, in part because these companies generally said, if they had to choose a new auditor, they were not likely to use accounting firms smaller than the largest firms.[Footnote 27] Our survey of the audit committee chairs of almost 600 public companies based in the United States showed that 86 percent of large public companies in the Fortune 1000 were not likely to use a midsize accounting firm and that none were likely to use a smaller accounting firm as a new auditor of record.[Footnote 28] In explaining their position, these companies most frequently cited the auditor's ability to handle the size and complexity of their company's operations as being of great or very great importance (92 percent). In addition, 80 percent cited the auditor's technical capability with accounting principles and auditing standards and 67 percent cited the need for industry specialization or expertise as of great or very great importance as reasons why they would not consider a midsize or smaller auditor. Similarly, in interviews and comments on our survey, some company officials noted that they chose the largest firms because they believed that these firms had the attributes the company needed, while midsize and smaller firms did not. For example, the audit committee chair of one large company commented that the company would not choose a midsize or smaller auditor because the company's industry was very complex, and, therefore, the company needed an auditor with specific industry experience. The chief financial officer (CFO) of another large public company noted that because of the company's size and international operations, the largest firms were the only viable options. The need to comply with independence standards and other factors can further limit the number of choices available to large public companies for their auditor of record. As required under the Sarbanes-Oxley Act, SEC rules, and auditing standards, a company's auditor must be independent. Public companies are prohibited from obtaining audits from firms that also provide the company with certain nonaudit services, including bookkeeping, design and implementation of financial information systems, valuation services, and internal audit outsourcing services.[Footnote 29] Ninety-six percent of large companies reported that they used one of the largest firms for some nonaudit services, potentially further reducing the number of choices for their auditor of record if they are precluded from using those firms due to independence rules. According to our survey data, 27 percent of large public companies that had not switched auditors since 2003 reported that the independence restrictions on using certain firms were of at least some importance in deciding to retain their current auditor, although only 9 percent listed these restrictions as of great or very great importance.[Footnote 30] In interviews, officials from a few large public companies indicated that they maintained options while remaining in compliance with independence requirements by not using at least one of the largest firms for prohibited nonaudit services, in some cases by using smaller firms for these services. In this way, they hoped to ensure that they would have at least one independent firm to choose if they had to change auditors. Some interviewees we spoke with suggested that companies using only the largest firms for both audit and nonaudit services could be unnecessarily limiting their choices because many midsize and smaller firms were capable of handling certain nonaudit services. A few companies may feel constrained in their choice of auditors for other reasons. For example, some companies' desire to avoid using a competitor's auditor can reduce the number of choices they have, according to several industry participants. However, over 90 percent of the large companies that responded to our 2003 survey were willing to choose a firm as their auditor regardless of whether that firm also audited a competitor.[Footnote 31] Further, some market participants and regulators noted that in certain industries, large public companies may have more limited choices because one or more of the largest firms was not very active in those industries. For example, in 2006 one of the largest firms held 77 percent of the market for public company audits in the agriculture, forestry, fishing, and hunting industry, while another of the largest firms had only a 1 percent market share.[Footnote 32] Consistent with reporting that they were not likely to use midsize and smaller audit firms, large companies also indicated that they had a limited number of firms to choose from, and many believed that this number was generally insufficient. According to our survey, about 80 percent of large public companies said that they would have three or fewer accounting firms (other than their current auditor of record) to choose from if they needed to change primary auditors. The proportion of large companies that reported having three or fewer choices was about the same for both domestic and multinational companies. Furthermore, over half (57 percent) of large public companies stated that the number of accounting firms that they could choose among was not adequate.[Footnote 33] Forty-three percent of large public companies that responded to the survey we conducted for our 2003 report indicated that they had insufficient choices for an auditor of record. Large public companies' preference for the largest audit firms was illustrated by the firms these companies choose when they changed auditors. Although some public companies maintain their relationships with the same audit firm for many years, there were almost 6,000 changes in auditors between 2003 and 2007. We analyzed data from Audit Analytics and found that 102 large companies had changed auditors between January 1, 2003, and June 30, 2007.[Footnote 34] Of the 95 large companies that were previously audited by one of the largest firms, 88 (93 percent) of these companies changed from one of the largest auditors to another of the largest auditors. Only seven switched to a midsize auditor. The remaining seven large companies that changed auditors during this period had been previously audited by a midsize or smaller auditor, but switched to one of the largest firms. (App. III shows more analysis of the data on auditor changes and the reasons these companies reported for changing auditors.) Midsize and Small Public Companies and Auditor Choices: Although many midsize public companies reported that their choice of auditors was limited, smaller companies generally reported having more choices than larger companies, if they had to change auditors. For example, among midsize companies, 59 percent of multinational and 52 percent of domestic companies reported that their choices were limited to three or fewer firms (fig. 4). In contrast, only about one-third (34 percent) of small companies indicated that they were restricted to three or fewer accounting firms and over 40 percent said that they had six or more choices. Figure 4: Percentage of Midsize and Small Companies That Reported Having Three or Fewer Choices for Auditor: This figure is a bar graph showing percentage of midsize and small companies that reported having three or fewer choices for auditor. The X axis represents percentage, and the Y axis represents midsize companies. [See PDF for image] Source: GAO. Note: The estimate for small multinational companies is subject to a sampling error of +/-16 percentage points. [End of figure] Based on our survey, midsize and small public companies were more likely than large companies to consider using midsize or smaller accounting firms if they had to choose a new auditor. About half (51 percent) of midsize companies would consider using midsize firms and 16 percent would consider using smaller firms. Further, 74 percent of small public companies would consider using smaller firms. In addition, compared with large companies, more midsize and small companies were satisfied with the number of choices they had for possible auditors. As shown in figure 5, about half of midsize and less than a fifth of small companies reported that the number of choices they had was not enough. Figure 5: Percentage of Small and Midsize Companies Reporting They Did Not Have Enough Choices for Auditor: This figure represents percentage of small and midsize companies reporting they did not have enough choices for auditor. The X axis represents percentage, and the Y axis represents midsize companies. [See PDF for image] Source: GAO. Note: The estimate for small multinational companies is subject to a sampling error of +/-14 percentage points. [End of figure] However, about 60 percent of midsize multinational companies reported that they would have three or fewer choices if they had to change auditors and about half said the number of choices was not enough. Our analysis also showed that many midsize and small public companies have moved to midsize or smaller auditors. Since 2003, over 1,400 midsize and small companies that had been audited by one of the largest firms have changed auditors. Of these, almost 1,100 (about 74 percent) engaged midsize or smaller firms as their new auditors and about 360 (about 25 percent) chose another one of the largest auditors (fig. 6). In contrast, only 13 percent of midsize and small companies that left midsize auditors and 3 percent of midsize and small companies that left smaller auditors subsequently engaged one of the largest firms. Figure 6: Changes in Auditors among Small and Midsize Public Companies: This figure is a combination bar chart showing changes in auditors among small and midsize public companies. Midsize and small companies; Former auditor by size: Largest: Moved to largest firms: 25%; Former auditor by size: Largest: Moved to midsize firms: 34%; Former auditor by size: Largest: Moved to smaller firms: 40%; Total number of changes: 1,434. Midsize and small companies; Former auditor by size: Midsize: Moved to largest firms: 13%; Former auditor by size: Midsize: Moved to midsize firms: 13%; Former auditor by size: Midsize: Moved to smaller firms: 74%; Total number of changes: 341. Midsize and small companies; Former auditor by size: Smaller: Moved to largest firms: 3%; Former auditor by size: Smaller: Moved to midsize firms: 4%; Former auditor by size: Smaller: Moved to smaller firms: 93%; Total number of changes: 2,373. [See PDF for image] Source: GAO analysis of Audit Analysis data. [End of figure] Although Opinions on the Impact of Concentration in the Large Public Company Market Varied, Other Factors Appeared to Account for Recent Fee Increases: Opinions varied on the effect of concentration on competition and on the sufficiency of competition in the market for public company audits. Many of the market participants we interviewed felt that competition was quite strong and not significantly affected by concentration. For example, representatives of the largest firms told us that they competed intensely with each other. Some of the public company officials we spoke with also saw the audit market as competitive. For example, the audit committee chair of one large public company said that although a major competitor was lost when Arthur Andersen dissolved, the market had adjusted and was still competitive. However, several companies we surveyed commented that, with few firms to choose from, the market did not have enough competition. For example, the CFO of a midsize company said that consolidation in the market had led to a decline of value-added services by auditors and an escalation of audit pricing. Another company official that responded to our survey stated that the audit market was an oligopoly with little price competition and too little concern for service. The CFO for another company commented on our survey that something needed to be done to force more competition, while a different CFO commented that although more competition was desirable, action to break up the largest firms was not warranted. Based on the results of our survey, 57 percent of public companies thought that the level of competition for audit services for their company was sufficient. However, while about 70 percent of small companies saw the level of competition as adequate, only about 40 percent of large Fortune 1000 companies shared this view (fig. 7). About half of midsize companies saw the level of competition as adequate. Figure 7: Percentage of Public Companies Indicating That the Level of Audit Market Competition Was Sufficient: This figure is a bar graph showing percentage of public companies indicating that the level of audit market competition was sufficient. The X axis represents percentage, and the Y axis represents companies. [See PDF for image] Note: Of the 6,906 companies in our survey population, 12.6 percent were large, 46.5 percent were midsize, and 40.9 percent were small. [End of figure] Factors Increasing Audit Fees: Although highly concentrated markets typically raise concerns about price competition, our analysis indicated that other factors appeared to explain the increases in audit fees in recent years. Data on audit fees paid by public companies show that these fees have increased substantially since 2000, a period that included the dissolution of Arthur Andersen and the passage of the Sarbanes-Oxley Act. Audit fees have risen for companies of all sizes and across industries and regions. However, the fee increases, as a percentage of client company assets, were most dramatic for smaller companies. Between 2000 and 2006, median fees as a percent of assets more than quadrupled (a 334 percent increase) for companies with less than $100 million in revenue, more than tripled (a 239 percent increase) for companies with revenue between $100 million and $1 billion, and almost tripled (a 190 percent increase) for companies with revenue over $1 billion. After these increases, median fees were about $111,000 for companies with less than $100 million in revenue, $900,000 for companies with revenue between $100 million and $1 billion, and $3,156,000 for companies with revenue greater than $1 billion. Although audit fees increased significantly on average for all sizes of firms, the amount that companies spend on audit fees generally remains a small portion of their overall revenues. Market participants and others cited various factors that had contributed to recent fee increases. The most significant factors that staff from the largest firms cited in interviews were the increasing complexity of accounting and financial reporting standards and the additional requirements of new auditing standards that had increased the amount of work involved in audits and the need for technical expertise. For example, one of the largest firms noted that the number of experts on staff at the firm more than doubled between 2003 and 2007. Many market participants noted similar factors as impacting fees. The largest firms also cited the increased costs of attracting and retaining talented staff and specialists. Similarly, midsize and smaller firms reported on our survey that the top four factors increasing their costs since 2003 were complexity of accounting principles and auditing standards, additional requirements of new standards, the time and effort necessary to prepare for PCAOB inspections, and the costs incurred to hire and train staff. In particular, the Sarbanes-Oxley Act, which increased the amount of audit work performed at public companies, was frequently cited as one of the major factors in the recent fee increases. This legislation introduced a number of new requirements for audits of public companies, and many market participants told us that the new requirements accounted for much of the fee increases since 2002. Representatives from some audit firms we spoke to said that section 404 of the act had, where implemented, substantially increased their workload and costs for implementing new methodologies and staff training. (Section 404 requires the accounting firm to attest to, and report on, management's assessment of the effectiveness of its internal control over financial reporting.) In addition, 84 percent of companies reporting that their audit fees had increased since 2003 indicated on our survey that the audit of internal control over financial reporting was one of the reasons for the increase. To date, only larger public companies--which SEC calls accelerated filers--have had to comply with the new requirements for assessing these internal controls. Smaller public companies--those considered nonaccelerated filers--are scheduled to fully comply with the new audit requirements in annual filings after December 15, 2008, potentially resulting in further increases in these companies' audit fees. Independence requirements may also have changed the way some firms price audits, resulting in rising fees. DOJ officials and others stated that audit firms were now less likely to price audits as a loss leader in order to sell nonaudit services because of these requirements in the Sarbanes-Oxley Act. Effects of Concentration on Fee Increases: The results of an econometric model we developed to assess the extent to which various factors could be influencing audit fees in recent years also indicated that factors other than concentration appear to explain audit fees.[Footnote 35] Our model analyzes the extent to which audit fees paid by public companies appear to be explained by a variety of factors that could affect those fees. For example, our model included such variables as the concentration within the audit market for a particular industry (as measured by HHI), the size of the company, whether the company's fiscal year ends during a busy period, whether the company completed a Sarbanes-Oxley Section 404 internal control audit, the number of times the company changed auditors, and other factors that could affect the company's audit fees. Appendix V explains our model in detail. The results of our model suggested that higher audit market concentration across individual industries was not associated with higher audit fees. Specifically, our model found that, in general, public companies operating in industrial sectors with more concentrated audit markets were not paying higher audit fees than companies in sectors with less concentrated audit markets. However, for the largest companies we found some evidence that audit market concentration within an industry did have a very small effect on fees.[Footnote 36] More precisely, after isolating the effect of other factors, our model results indicated that large companies in industries with audit markets that were 10 percent more concentrated than the average industry sector (as measured by HHI) paid on average about half a percent more in audit fees than other large companies. By comparison, the model results also indicated, after controlling for other factors, that companies that completed the Sarbanes-Oxley section 404 internal control audit, which increased the amount of work done by auditors, paid roughly 45 percent more in audit fees than companies that did not complete the internal control audit. This finding was consistent with estimates from other studies that examined the effect of the implementation of this requirement. Although factors other than concentration appeared to explain audit fee levels, the available data did not allow us to conclude that audit fees were competitive overall or to determine whether individual companies were charged competitive fees.[Footnote 37] In addition, the analysis we conducted with our model indicated that individual accounting firms appeared to charge higher fees when they controlled a large portion of the audit market within a particular industry, but this finding did not appear to be the result of anticompetitive pricing. Rather, it appeared that these firms may have been charging a premium for their industry expertise. We found that the price premiums received by accounting firms that collected a large share of the revenues from audits conducted within an industry sector were similar across all sizes of companies, including those small companies that typically have many accounting firms to choose from. This suggests that higher fees are more likely the result of these firms being able to charge premiums as the result of their industry expertise rather than of anticompetitive pricing.[Footnote 38] For example, a firm with industry expertise may develop and market audit services that are specific to clients in the industry and that provide a level of service exceeding that provided by other firms in the same industry. If this is the case, the higher fees these firms may charge could reflect the specialized service they offer rather than anticompetitive pricing. Other Potential Effects of Concentration: While some market participants expressed concern that concentration in the audit market could negatively affect audit quality, others said that the quality of audits had improved in recent years. According to DOJ and FTC guidance on analyzing market competitiveness, sellers with market power may lessen competition on dimensions other than price, such as product quality, service, or innovation. However, even in highly concentrated markets, including oligopolies, competition among sellers may lead to innovation and high-quality products. The effect of concentration on audit quality is difficult to measure empirically. However, we asked market participants about their views on several aspects of audit quality, including the experience and technical capability of their accounting firm's partners and staff, the firm's ability to efficiently respond to client needs, and its ability and willingness to appropriately identify and surface material reporting issues in financial reports. Most market participants who commented on audit quality in our interviews and many on our survey said that audit quality had improved, which some attributed to the Sarbanes-Oxley Act.[Footnote 39] However, four others, including some academics, a former regulatory official, and an industry consultant with whom we spoke, expressed concerns that concentration was affecting the quality of audits. For example, one said that that having only four firms in the market resulted in low-quality audits that harmed investors. Appendix IV provides more information on trends in audit costs and quality. High concentration may also diminish competition because dominant sellers, in this case accounting firms, may be more likely or more able to engage in coordinated interaction in ways that can affect auditing practices or prices. Some market participants we interviewed expressed concern that the prevalence of the largest firms on advisory panels or standard-setting bodies enabled them to coordinate actions to influence the development of new standards in a way that hampered competition or otherwise disadvantaged public company audit clients. However, most market participants we spoke to did not express such concerns. Further Concentration Could Adversely Affect Audit Fees and Limit Choices: Although the current level of concentration does not appear to be having significant adverse effect, the potential for further concentration in the audit market did raise concerns. Further concentration could arise as a result of several events. For example, audit firms face the risk that civil litigation could result in their insolvency or inability to continue operations. Since 1998, audit firms may have paid at least ten settlements or awards of $100 million or more that have resulted from private litigation.[Footnote 40] In addition, a jury recently found BDO Seidman, the sixth-largest accounting firm, liable for $521.7 million in damages, although BDO Seidman plans to appeal the verdict. Several officials we spoke with commented that litigation increases during periods of high market volatility. As a result, litigation-related costs to auditors could increase in the case of an economic downturn. Officials from the largest firms told us that litigation costs have significantly increased since 2003. Some officials we interviewed from the largest firms and the insurance industry told us that the largest firms do not have insurance coverage to protect against the largest claims, both because insurance at that level is not available and because of fear that having more insurance could induce plaintiffs to seek higher awards. However, full information on litigation risk and costs and accounting firms' insurance coverage is not publicly available, so we could not identify the magnitude of the risk that litigation poses to these firms. Some officials we spoke with also suggested that litigation could damage a firm's reputation, causing the firm to fail if its clients began seeking other firms for their audits. For example, according to some academics, Laventhol & Horwath, the seventh-largest accounting firm in 1990, declared bankruptcy that year in part due to a series of class action lawsuits that resulted in a loss of reputation and the firm's inability to attract new work.[Footnote 41] Firms also face the risk of failure from federal or state regulatory action and criminal prosecution, among other reasons. State Boards of Accountancy can revoke accounting firms' licenses to practice in their state for violating board rules or for other reasons. Under SEC rules, convicted felons shall be suspended from practicing before the SEC, so an accounting firm convicted of a felony could not continue to audit its SEC-registered clients and would likely fail. Further, an indictment for a felony could contribute to a firm's failure if clients began leaving in anticipation of a potential conviction. For example, many of Arthur Andersen's clients had changed to a different auditor even before Arthur Andersen was convicted of obstruction of justice for destroying Enron-related documents in 2002. The market for public company audits could also become significantly more concentrated if any of the existing largest or midsize firms chose to discontinue operations for other reasons. Mismanagement of a firm's financial obligations could also lead to its bankruptcy. As has happened in the past, a merger could also lead to further concentration in the market. DOJ and the Federal Trade Commission published Horizontal Merger Guidelines for use in determining whether a merger is likely substantially to lessen competition. The guidelines include steps for assessing whether the merger would significantly increase concentration, the potential for any of the firms to exercise market power after the merger, and the difficulty of entry into the market for new firms. Concerns that DOJ raised about a proposed merger of accounting firms in the late 1990s suggest that the agency would be less likely to approve any future mergers among the largest accounting firms. In 1997, shortly after two of the six largest firms at the time, PriceWaterhouse and Coopers & Lybrand, announced their intention to merge, two of the other six largest firms, KPMG Peat Marwick and Ernst & Young, also announced plans to combine their operations. According to the DOJ Antitrust Division's 1999 Annual Report, these two firms abandoned their plans to merge after DOJ raised concerns that this merger would have "adversely affected competition by reducing the already limited number of firms providing auditing services to Fortune 1000 companies."[Footnote 42] The loss of another large accounting firm from the audit market could significantly increase the level of concentration. If one of the largest firms failed or left the market, concentration would increase if many of this firm's public company clients engaged one of the remaining three largest audit firms. To illustrate the effect of such an event, we simulated the effect of the failure or exit of the smallest of the largest firms. To redistribute the clients of this firm, we assigned them to other firms in the same proportion as the clients of Arthur Andersen were distributed after that firm dissolved.[Footnote 43] Under this scenario, the resulting HHI of the overall audit market would rise from 2,300 to roughly 3,000, substantially above what DOJ considers to be a highly concentrated market. The increase in HHI would likely be even greater in the large public company market. Higher concentration could increase the risk that the remaining large accounting firms would exercise market power to raise prices and coordinate their actions among themselves to the detriment of their clients. Appendix II contains more information on our simulations of the result of the loss of one of the largest firms through a failure or a merger. Further concentration could have various other negative effects on public companies and their investors. While many public companies and other market participants indicated that there were enough auditors to choose from, further concentration would leave large companies with potentially only one or two choices for a new auditor, as our survey indicated that 86 percent of large companies would likely only use one of the largest auditors if they had to switch auditors. Many interviewees said that this would not be enough choices. As in the current market, independence rules that prevent companies from using as their auditor firms that provide them with certain nonaudit services could further limit these choices. Also, companies in specialized industries could have fewer choices if some accounting firms do not operate in those industries. Many we interviewed also suggested that further concentration would reduce competition and potentially increase the cost of an audit. Further, public company officials stated that changing auditors could be costly for the companies involved. According to our survey results, 44 percent of large companies that had not recently changed auditors reported that the burdens of time, effort, and cost were of great or very great importance in their decision not to change auditors. In addition, only 102 large (Fortune 1000) public company auditor changes occurred between January 2003 and June 2007, suggesting that large companies preferred to use the same auditor from year to year. If the market were further concentrated among three large firms, the affected companies would need to change auditors and incur the associated costs. Similarly, to the extent the remaining largest firms resigned as auditors for smaller clients as they absorbed the failed firm's larger clients, these small companies would incur the costs of finding a new auditor. Finally, the market disruption caused by a firm failure or exit from the market could affect companies' abilities to obtain timely audits of their financial statements, reducing the audited financial information available to investors. Regulators Could Act to Mitigate the Effects of Further Concentration: If the number of large accounting firms were to decrease, the organizations with oversight responsibility for the public company audit market could act to mitigate the effects on the market. The organizations that have a role in overseeing aspects of the public company audit market include SEC, PCAOB, and DOJ. SEC is responsible for protecting investors, maintaining efficient markets, and facilitating capital formation and also oversees PCAOB. Similarly, PCAOB is responsible for overseeing the auditors of public companies in order to protect the interests of investors and further the public interest in the preparation of informative, fair, and independent audit reports. In the event of the loss of one of the largest firms, the agencies' actions could vary according to the facts and circumstances of the situation, such as the size of the affected firm, the reason the firm left the market, or the degree to which an orderly transition of audit services was available. For example, in order to support its mission and address temporary market disruptions and difficulties companies had in meeting financial reporting deadlines when Arthur Andersen was indicted in 2002, SEC issued a number of measures providing guidance and regulatory relief to Arthur Andersen's clients. This rulemaking provided Arthur Andersen clients with extended deadlines to submit audited financial statements and hotline numbers for companies and investors to call with questions.[Footnote 44] Through the International Organization of Securities Commissions (IOSCO), SEC is also working with other securities regulators around the world to identify possible actions regulators could consider in responding to events affecting the availability of audit services and to develop information for regulators to consider in contingency planning and crisis management. Although it does not have a direct role in addressing the loss of a large accounting firm from the market, DOJ would have a role in reviewing proposed mergers involving accounting firms. As part of ensuring competition in the U.S. economy, the Antitrust Division of DOJ is responsible for enforcing antitrust laws. Under DOJ merger guidelines, the division would challenge any merger likely to substantially lessen competition. DOJ officials explained that action on their part would only occur if a merger among current competitors was proposed or if an antitrust or criminal case was brought against one of the firms. As a result, the division has not been formally reviewing trends in the market. When asked whether the Antitrust Division might review the competitiveness of the market if one of the largest firms exited the market for reasons other than a merger, an official stated that the division might analyze the market using publicly available information and offer its expertise and advice to other regulators. However, the division does not have the authority to formally investigate the market or request proprietary information from firms or companies in such a situation. Midsize and Smaller Firms Face Challenges Auditing Public Companies, and Growth in These Firms Is Unlikely to Ease Concentration in the Large Public Company Audit Market: Growth in the capacity of midsize and smaller audit firms is unlikely to reduce concentration in the large company audit market, at least in the near term, for two reasons. First, our survey and interviews with representatives of these firms suggest that over 70 percent of midsize and smaller firms are not interested in expanding their market share by adding additional large public company audit clients because they would face additional risks and give up existing profitable activities to do so. Second, firms that do want to audit large public companies continue to face challenges to expanding their public company practices. Chief among these challenges are having adequate capacity (e.g., staff and geographic coverage) to audit large public companies, acquiring the needed technical capability and industry specialization, and developing name recognition and a reputation for this kind of work. Similar challenges also affect midsize and smaller firms that audit small and midsize public companies. Some firms are taking actions to reduce certain challenges, such as increasing their geographic reach by joining networks and affiliations. But many firms and market participants we interviewed also said that the growth of smaller firms was unlikely to ease concentration in the market for auditors of large public companies. Midsize and Smaller Firms Face Several Disincentives and Challenges to Entering the Large Public Company Audit Market: While most midsize and smaller audit firms expect to grow in the next five years, only a small number want to enter or expand their share of the large company audit market, in part because they would face additional risks and forego currently profitable nonaudit activities to do so. According to our survey of the 118 accounting firms with at least 5 public company clients, the 4 midsize firms and 79 percent of the smaller firms that responded expected to increase the number of public companies they audited in the next 5 years.[Footnote 45] However, when asked if they would consider expanding their market share if they had the opportunity to add acceptable clients, 74 percent of both midsize and smaller firms said that they were not interested in serving as auditor for additional large public companies.[Footnote 46] Some firms and market participants told us that the possibility of being sued created a disincentive against entering or expanding in the audit market for large companies because the failure of one large client could jeopardize the audit firm. Large companies can pose a greater financial risk to their auditors than smaller clients. The amount shareholders recovered in settlements of class action lawsuits against public companies and their auditors tends to increase in proportion to the company's market capitalization. Midsize and smaller firms also may not be seeking to perform audits of large public companies, because they have had new opportunities to provide companies of all sizes with nonaudit services, such as consulting, since 2003. The Sarbanes-Oxley Act's independence standards prohibit firms from providing clients whose financial statements they audit with some of the nonaudit services that they were accustomed to providing. As a result, many smaller firms have moved into this area. However, 21 percent of midsize and smaller firms said that they would be willing to enter or expand their share of market for auditing large companies, given the opportunity and acceptable potential clients, but emphasized the challenges they faced in doing so. Firm Capacity to Audit Larger Companies: According to midsize and smaller firms responding to our survey, their capacity to audit large public companies poses the greatest challenge to them entering this market and reducing its concentration. According to our survey, the firms' capacity is the top reason that large public companies give to explain why they would not consider using a midsize or smaller firm. Specifically, 92 percent of those companies said that the inability of midsize and smaller firms to handle their company's size and complexity was of great or very great importance in their unwillingness to consider them (fig. 8).[Footnote 47] For example, the audit committee chairman of a large technology manufacturing company we interviewed said that an auditor smaller than the company's current large firm could not audit a business of his company's size. Similarly, the audit committee chair for a large automobile manufacturer told us that large companies did not consider using midsize firms because those firms did not have the number of experienced staff that the firms had. Figure 8: Firms' Challenges in Auditing Large Public Companies: This figure is a combination of two bar graphs. Reasons large public companies are unlikely to use midsize and smaller firms; Ability to handle size and complexity of company operations: 92%; Technical capability with accounting principles and auditing standards: 80%; Industry specialization or expertise: 67%; Geographic presence: 66%; Reputation or name recognition: 65%; Expectations or requirements of share-holders, banks, lenders, or underwriters: 54%. Reasons midsize and smaller firms interested in auditing large public companies cited as impediments to expanding their market share; Ability to recruit/retain qualified staff: 58%; Complexity of accounting principles and auditing standards: 21%; Specialized technical and/or industry expertise: 17%; Firm's international reach: 33%; Name recognition or reputation with potential clients: 50%; Name recognition or credibility with financial markets and investment bankers: 54%; [See PDF for image] Source: GAO. [End of figure] To meaningfully reduce concentration in the large public company market, then, midsize and smaller firms would need to staff audit teams that were large enough to serve multiple large public companies. However, these firms face challenges recruiting and retaining staff. As we reported in 2003, it is not uncommon for an audit of a large national or multinational public company to require hundreds of staff, and most midsize and smaller firms do not have the staff resources necessary to commit hundreds of employees to a single client. As table 2 illustrates, the largest firms have significantly more capacity, in terms of staff and partners than midsize and smaller firms. Table 2: Largest, Midsize, and Smaller Accounting Firm Capacity, 2006: [See PDF for image] Source: Public Accounting Report, 2006-2007. [A] Equity partners, including those who do not work on audits. [B] Nonequity partners and professionals. [C] RSM McGladrey and McGladrey & Pullen are affiliated through an alternative practice structure. The number of offices includes those for RSM McGladrey, which is a subsidiary of H&R Block and performs tax and consulting services and for McGladrey & Pullen, which performs audit services. [D] Sample of smaller firms that audit at least one public company. [End of table] To approach the capacity of the largest firms, midsize and smaller firms would have to grow substantially. The gap between the largest and midsize firms is significant, however. Combined, the four midsize firms still have over 2,600 fewer professional staff than the smallest of the largest firms, KPMG. The midsize firms also have significantly fewer public company clients. But midsize and smaller firms told us that obtaining additional staff to expand their audit practices was difficult. Specifically, 58 percent of midsize and smaller firms responding to our survey that want to audit large public companies said that the ability to recruit and retain qualified staff was a great or very great impediment to expansion. While the representatives from the largest firms told us that they also faced this challenge, one smaller firm representative said obtaining sufficient numbers of staff was particularly difficult for smaller firms, which have fewer resources (salaries and benefits) to use in competing for talent with the largest firms, the public companies themselves, and others needing public accountants. According to many market participants we interviewed, the demand for qualified accountants has increased significantly in recent years because accounting firms, including the largest firms, need additional staff to conduct the audits of internal controls required in section 404 of the Sarbanes-Oxley Act. Firms are not only competing with each other for staff, but also with public companies that need additional accounting staff to comply with certain requirements of Sarbanes-Oxley. In addition, firms are competing with regulators who need more staff to oversee the accounting profession. In the face of this increased demand, hiring such staff has become more expensive. Constraints on midsize and smaller firms' geographic reach also reduced the likelihood that the growth of these firms will reduce concentration in the large company market. As table 2 shows, midsize and smaller firms generally have fewer offices than the largest firms. Accounting firm representatives also told us that these firms have a smaller presence in foreign countries than the largest firms. According to our survey, 66 percent of large companies that would not consider using a midsize or smaller firm said that these firms' geographic presence was of great or very great importance in explaining their unwillingness to do so. Large multinational companies in particular need auditors that have a presence in all of the countries in which they operate. While many midsize and smaller firms partner with other independent firms to expand their geographic reach, a few company officials we interviewed said that most of the international networks these firms belong to are not extensive enough to meet their companies' needs. In addition, many market participants we interviewed were concerned that the quality standards, practices, and internal controls of these networks and affiliations might be less uniform than those prevailing in the international networks of the largest firms. Accounting firm representatives we interviewed had mixed views on the global capabilities of midsize and smaller firms. In spite of companies' views on the importance of firms' abilities to provide global services, only one-third of midsize and smaller firms responding to our survey that want to audit large public companies said that their firms' international reach was a great or very great impediment to expansion. For example, one accounting firm official told us that midsize firms and affiliations had good global capabilities and global operations. However, another accounting firm official told us that the global networks used by midsize and smaller firms needed to add standardized quality controls in order to improve. Technical Capability and Industry Specialization: The technical capabilities and specialized industry knowledge of midsize and smaller firms that want to enter the large public company market can also limit these firms' ability to enter this market and reduce its concentration. According to our survey, 80 percent of large public companies that would not consider using a midsize or smaller firm said that such firms' technical capabilities with accounting principles and auditing standards was a great or very great reason why they would not do so. One official from a large public company whom we interviewed said that accounting firms' technical capabilities differentiate the largest and smaller firms and that smaller firms did not have the resources to keep up with changing auditing standards and increasingly complex accounting rules around the world. Other company officials we interviewed also said that technical capabilities were an important reason why large and complex companies do not use midsize and smaller firms. Several representatives of smaller accounting firms also told us that their firms had difficulty maintaining their technical capabilities. For example, one representative of a smaller firm noted that his firm had less depth in terms of technical expertise than larger firms especially when it came to complex transactions. Other firms said that maintaining technical expertise was time-consuming and costly. Two representatives of smaller firms noted that keeping up with new standards and guidance from multiple sources was also difficult, requiring the firms to revise guidance for their staff as new standards were implemented or to purchase costly prepared guidance materials from external sources. However, firms see this as less of an issue than do their clients. Only 21 percent of accounting firms responding to our survey that want to audit large companies said that the complexity of accounting principles and auditing standards were a great or very great impediment to expansion, compared to 80 percent of clients. In addition, having sufficient industry expertise can be challenging for firms that want to audit large public companies. According to our survey, 67 percent of large public companies that would not consider using midsize and smaller firms said that such firms' industry specialization or expertise was of great or very great importance in their unwillingness to do so. Some large public companies told us that they needed this kind of industry expertise in their auditor. For example, the audit committee chairman for a large insurance company told us that when he chooses an audit firm, industry expertise was the most important factor he considered. He said that his company's audit firm must have experience with other companies in the insurance industry and doubted that midsize or smaller firms could meet these requirements. Several representatives of smaller accounting firms whom we interviewed said that industry expertise was a significant barrier to auditing large public companies. For instance, a representative of one smaller accounting firm noted that before accepting a new client, her firm was very careful to ensure that it has the right expertise to do the audit. She said that since the firm's expertise was in distribution and manufacturing, the firm would not accept a financial institution client. An official from another midsize firm told us that industry specialization was important because audits were not commodities. Instead, these accounting firms specialized in certain industries and had particular areas of expertise. This emphasis on industry expertise can limit midsize and smaller firms' ability to expand their businesses to serve companies that operate in industries outside of their specialty. However, only 17 percent of accounting firms responding to our survey that want to audit large companies said that specialized technical or industry expertise was a great or very great impediment to expansion. Accounting Firm Reputation: Another major barrier to midsize and smaller firms' ability to obtain large company clients is that these auditors do not have the reputations the largest firms enjoy. According to our survey, 65 percent of large companies that would not consider using a midsize or smaller firm said that reputation or name recognition were great or very great reasons that they were unwilling to do so. In addition, company officials told us that they were confident that the largest firms could meet their companies' audit needs because these auditors had well-established reputations for quality. These officials were less familiar with the smaller firms' work and thus were uncertain about the ability of such a firm to adequately serve their companies. Market participants told us that conducting due diligence on unfamiliar firms was time-consuming, in part because information was not readily available. Furthermore, although PCAOB has begun inspecting accounting firms' audit work, many market participants we interviewed said that the information currently available from the PCAOB inspection reports was not sufficient to judge a firm's audit capabilities. For example, some noted that part of the inspection results were not published, inspection reports were not always timely, and PCAOB did not make an overall judgment on a firm's quality.[Footnote 48] Companies are also responding to their perceptions of investors' preferences when they choose one of the largest auditors. According to our survey, 54 percent of large companies that would not consider using a midsize or smaller firm said that the expectations or requirements of shareholders, banks, lenders, or the underwriters that help the company raise capital were of great or very great importance in their unwillingness to do so. Institutional investors and investment banks often use a company's financial statements and audits as the starting point in an investment decision and want to have confidence in the auditor that reviewed the financial statements. Similarly, representatives from an investment bank and an institutional investor told us that they preferred auditors with established reputations because of a lack of familiarity with capabilities of most midsize and smaller firms. One company official we interviewed said that she did not know why a larger company would not want to use one of the largest firms, given that these firms' name recognition provided underwriters with a certain comfort level. In addition, investment bank representatives told us that they want companies to use auditors with sufficient financial resources to withstand a liability judgment against them. For example, if an investment deal falters, the investment bank or underwriter may have to assume more of the settlement costs if the audit firm cannot bear its share. Furthermore, one investor told us that the largest firms' greater financial resources made them better able to survive a large client's failure. Midsize and smaller firms agree that name recognition and reputation pose a challenge to entering the audit market for large companies. Fifty percent of accounting firms responding to our survey that want to audit large companies said that name recognition or reputation with potential clients was a great or very great impediment to expansion. Similarly, 54 percent of these firms cited name recognition or credibility with financial markets and investment bankers as a great or very great impediment to expansion. In addition, some accounting firm representatives we interviewed said that midsize and smaller firms have had fewer opportunities to compete with the largest firms for large companies' business and do not have well-established reputations. However, one midsize firm representative noted that reputation should become less of an impediment as more companies moved from the largest firms to smaller firms and these firms' work became better known. An analysis of data on firms that audit initial public offerings (IPOs) illustrates investors' preferences for the largest firms in certain situations. While midsize and smaller firms' combined share of the IPO market has grown progressively, rising from 18 percent to 40 percent since 2003, the largest firms have consistently audited the majority of IPOs (fig. 9). Staff from some investment firms that underwrite stock issuances for public companies told us that in the past they generally had expected the companies for which they raised capital to use one of the largest firms for IPOs but that now these organizations were more willing to accept smaller audit firms. For example, an official from one investment firm told us that the firm now generally accepted two of the midsize audit firms for IPOs or securities issuances. However, as figure 9 shows, most of the companies that went public with a midsize or smaller auditor were smaller. In addition, these firms' share of IPOs of larger companies (those with revenues greater than $150 million) rose from none in 2003 to about 13 percent in 2007. Figure 9: IPOs, 2003-2007: This figure is a combination of two graphs. One graph is a bar graph representing largest farms, midsize farms, and smaller farms. It is entitled "IPOs by audit firm size." The X axis represents the year, and the Y axis represents the percentage. The second graph is a line graph, with one line representing revenue less than $15 million, one line representing revenue $15-$150 million, and another line representing revenue more than $150 million. The X axis represents the year, and the Y axis represents the percentage. The title of this graph is percentage of companies audited by midsize and smaller firms, by company revenue. [See PDF for image] Source: GAO analysis of IPO data from EDGAR. Note: Changes in the business environment and audit market during this period make judgments based on year-to-year comparisons difficult. [End of figure] Midsize and smaller firms responding to our survey indicated that they had had mixed experiences assisting clients with IPOs. All of the midsize firms and 82 percent of smaller firms responding to our survey had assisted new and existing clients with an IPO or subsequent securities issuance. However, two of the four midsize firms, as well as 36 percent of the smaller firms, reported losing clients that wanted another firm, often one of the largest firms, to help them prepare for an IPO or subsequent securities issuance. Similar Challenges Affect Midsize and Smaller Accounting Firms in the Market for Small and Midsize Companies: Midsize and smaller accounting firms responding to our survey said that they faced challenges even in competing in the market for smaller public company audits. Our survey respondents in this market generally reported that the challenges they faced were significant impediments to increasing the number of public companies they served. As shown in figure 10, these challenges, such as firms' capacity, global reach, and technical capability or expertise, are similar to those facing midsize and smaller firms that want to audit large companies. Figure 10: Midsize and Smaller Firms' Challenges in Auditing Small and Midsize Companies: This figure is a bar graph. Reason small and midside public companies are unlikely to use midsize and smaller firms; Ability to handle size and complexity of company operations: 65%; Technical capacity with accounting principles and auditing standards: 57%; Industry specialization: 49%; Reputation or name recognition: 46%; Expectations or requirements of share-holders, banks, lenders, or underwriters: 45%; Geographical presence: 33%. Reasons midsize and smaller firms cited as impediments to auditing small and midsize public companies; Ability to recruit/retain staff: 65%; Complexity of accounting principles and auditing standards: 29%; Specialized technical and/or industry expertise: 23%; Name recognition or reputation with potential clients: 37%; Name recognition or credibility with financial markets and investment bankers: 50%; Firm's international reach: 29%; Firm's national reach: 14%. [See PDF for image] Source: GAO. [End of figure] To increase their capacity and geographic reach, accounting firms need the financial capital to hire new staff or acquire other audit firms, but capital constraints and expansion costs pose an impediment to growth for some midsize and smaller firms. While this constraint could affect firms of all sizes, midsize and smaller firms have fewer partners from whom they can obtain capital. Of the midsize and smaller firms responding to our survey that focus on smaller companies, 65 percent said that the costs of hiring and training additional staff were a great or very great impediment to expansion. According to an accounting firm representative we interviewed, some smaller firms can be constrained from raising capital to expand their businesses because of the partnership structure, which requires individual partners to pool their own assets or assume debt for acquisitions and other growth activities, such as hiring new staff. However, one midsize firm representative said that raising capital for expansion was not an impediment for his firm. Smaller firms responding to our survey also told us that complying with the many different requirements individual states impose could hinder their efforts to audit clients with operations in multiple states. Each of the 50 states and 5 U.S. territories have state boards of accountancy that have sole authority for establishing licensing requirements for certified public accountants in their jurisdictions. If a company's business operations extend across state lines, auditors may need to get temporary certifications in each of the states where they will conduct audit work. These requirements can range in complexity and cost among the several states. Some firms we interviewed said that complying with multiple state licensing requirements was difficult and often expensive. However, only 27 percent of midsize and smaller firms responding to our survey that focus on smaller companies said that varied state licensing requirements were great or very great impediments to expansion. Furthermore, some representatives of accounting firms whom we interviewed said that multiple state requirements did not stop them from competing for new clients. Smaller Audit Firms Are Taking Actions to Expand Their Market Share, but Challenges Remain: Many midsize and smaller firms have taken steps to reduce the challenges that they face and have successfully expanded their share of the audit market for small and midsize companies somewhat in recent years. In some cases, these firms have expanded their audit practices in niches that allow them to use their expertise, rather than attempting to serve clients in new industries. Some midsize and smaller firms told us that, while having staff with a certain type of expertise could be a barrier in trying to serve all types of companies, it did not hinder them if they focused on a more select set of industries. They said that this approach had allowed them to build their reputations in specialty areas, which may enable them to acquire progressively larger clients, and grow incrementally. Other firms told us that they had expanded their practices through mergers and acquisitions, adding new industry expertise, increasing their capacity, and extending their geographic reach. Smaller firms that responded to our survey generally viewed this approach as effective for increasing the number of companies they audited, with 73 percent saying that it was at least somewhat effective. Some representatives of midsize firms whom we interviewed also said that acquisitions were an effective way to expand into regions where they did not already have an office. While funding for expanding midsize and smaller accounting firms typically came from loans from financial institutions, merging with other accounting firms, or the personal resources of the firm's partners, a small number of firms are using a different method of increasing their access to capital. These firms have established alternative practice structures, in which the firm engaged in attest services is closely aligned with another organization that performs other nonaudit services. One example is where owners of the accounting firm sell the nonaudit portion of their practice to a new entity, which may be publicly or privately owned. The work the firm previously conducted is then essentially divided into two separately controlled entities, one of which conducts most of the firm's nonaudit and attest work, while the other conducts audits. Owners of the audit firm are also employees of the nonaudit entity, and the audit firm generally leases employees, office space, equipment, administrative support, and other services from this entity. Audit firms gain additional access to capital from the initial sale of the nonaudit entity or loans from the new entity that they can use for acquisitions and other growth activities. However, some firms with alternative practice structures told us that getting approval for their organizations from some states was challenging and that they were subject to additional scrutiny because their uncommon structure raised concerns about independence.[Footnote 49] In addition, 63 percent of midsize and smaller firms responding to our survey said that alternative practice structures would only be slightly or not at all effective in helping them increase their market share. Finally, according to representatives of two accounting firm networks and affiliations of independent firms, these organizations help midsize and smaller firms deal with some of the challenges they face. As we have seen, some midsize and smaller firms join these networks in order to extend their geographic reach. In two cases that we reviewed, we found that the structure of these organizations varies widely. One organization was described as having a focused mission and high standards that member firms must continuously meet, while a representative from another said that the organization functioned primarily as a vehicle to share best practices and refer business to other member firms. All midsize firms and over 60 percent of smaller firms responding to our survey belonged to a network or affiliation, generally to increase competitiveness with larger firms and extend their national and international reach. One network representative we spoke to told us that the network's main benefit was its ability to serve clients that were expanding, especially internationally, by partnering with other firms in the network. In interviews, officials from two smaller firms also told us that networks and affiliations provided opportunities to serve new clients either by partnering with other firms or through referral services. Midsize and smaller firms that responded to our survey had mixed views about the ability of these networks and affiliations to help increase their market share. Some market participants thought that networks' value could be limited because, unlike the global networks of the largest firms, the member firms of these networks and affiliations did not share a common set of methodologies or internal controls. In general, the firms in networks wanted to maintain their individuality in order to avoid being held liable for another firm's audit work. In addition, officials from two smaller firms that are members of a network expressed concern that the proposed independence standards of the International Federation of Accountants--the global organization for the accounting profession that develops international standards on ethics, auditing and assurance, education, and public sector accounting standards--could present additional challenges for networks because of the broad way that the standards define networks.[Footnote 50] Officials with the International Federation of Accountants told us that the standards were still under consideration and that comments and concerns from accounting firms on this issue were still under review. While the practices discussed above have helped smaller accounting firms to reduce some of the challenges they face, certain barriers are likely to persist, particularly in the market for large company audits. While focusing on niche markets can deepen a firm's expertise, just as mergers, acquisitions, and networks can increase firms' capacity and geographic reach, midsize and smaller firms are still much smaller than their large firm competitors and have much less experience in the large company audit market. Some market participants think that building up smaller firms' capacity, experience, and reputation to serve large companies is likely to be a long-term process, thus their growth is unlikely to ease concentration. Proposals for Addressing Concentration and Increasing Market Share for Smaller Auditors Have Significant Disadvantages: Over the years, academics, industry groups, and other market participants have offered a range of proposals that are intended to reduce the risks of current and further concentration, or address the expansion challenges facing midsize and smaller audit firms. We considered a number of these proposals and found that, while each could offer certain benefits, each proposal also presents at least some significant disadvantages, and market participants generally saw these proposals as having limited effectiveness, feasibility, and benefit. Since the current level of concentration does not appear to be having significant adverse effect, and the proposals we reviewed were generally not seen as effective in addressing the risks of concentration or challenges facing smaller firms without serious drawbacks, we found no compelling need to take action. Proposals Others Have Made for Reducing the Risks of the Current Level of Concentration Involve Trade-offs: Several proposals have been offered to reduce the risks of the current level of concentration, including mandatory audit firm rotation, audit firm financial statement disclosure, and breaking up the largest firms into more firms. Mandatory Audit Firm Rotation: Some academic and industry sources have suggested that requiring public companies to periodically change auditors could reduce the current level of concentration. Such mandatory audit firm rotation would limit the period of years that an accounting firm could serve as the auditor for a particular public company. Our survey results show that companies often retain their auditors for long periods of time.[Footnote 51] For example, according to our survey results, approximately 40 percent of public companies had used their current auditor for at least 5 years, and almost a quarter had used their current auditor for at least 10 years.[Footnote 52] While generally proposed as a means of enhancing auditor independence by periodically bringing in a new auditor for a "fresh look" at a company's financial statements, mandatory rotation could potentially reduce concentration to the extent that it provided more opportunities for midsize and smaller firms to compete to provide audit services to public companies. Although mandatory auditor rotation would increase opportunities to compete, it would not increase the number of viable competitors, and views on its effectiveness as a means of reducing concentration were mixed. For example, 44 percent of midsize and smaller firms responding to our survey stated that mandatory rotation would be at least a somewhat effective way for their firms to gain more public company clients, and 52 percent of respondents thought that it would be only slightly or not at all effective.[Footnote 53] One person we interviewed noted that mandatory rotation might not be feasible, since some companies had very limited choices due in part to the restrictions of independence requirements. Another market participant noted that mandatory rotation would not necessarily reduce concentration because large public companies would likely just rotate to another one of the largest firms. In a 2003 report on the potential effects of mandatory audit firm rotation, we found similar results.[Footnote 54] Based on surveys we conducted for that report, 83 percent of accounting firms that audit 10 or more companies and 66 percent of Fortune 1000 public companies stated that under mandatory auditor rotation, the market for public company audits would either become more concentrated or remain about the same. Further, more than half of accounting firms that audit 10 or more companies felt that mandatory audit firm rotation would reduce the number of firms willing and able to compete for public company audits. In addition, market participants we spoke with raised other concerns about mandatory audit firm rotation. Some said that mandatory rotation would increase both audit firms' and public companies' costs. In our 2003 report, we found that many audit firms and large companies surveyed believed that mandatory rotation would increase initial year audit-related costs by more than 30 percent. For example, we reported that audit firms could incur higher marketing costs as they increased efforts to acquire or retain clients. With new auditors every few years, public companies also would incur higher support costs for assisting the new audit firm in understanding the companies' operations, systems, and financial reporting practices. Others expressed concern that new audit firms would need a period of time to become fully familiar with a client's operations. Lacking knowledge, and the time that would be required to acquire it, could increase the risk of an auditor not detecting financial reporting issues that could materially affect the company's financial statements. Other recently implemented regulatory changes may have already provided at least one of the benefits this proposal is designed to provide. The Sarbanes-Oxley Act requires mandatory rotation of lead and reviewing audit partners after they have provided audit services to a particular public company for five consecutive years. Many market participants we interviewed for our 2003 report suggested that this requirement, when fully implemented, could achieve some of the independence benefits related to a new auditor's having a fresh look at a company's financial statements.[Footnote 55] Audit Firm Financial Statement Disclosure: Another proposal that has been offered would require public company auditors to provide financial information that could also be used to assess the competitiveness of audit fee levels. Some market participants and others advocate requiring accounting firms that audit public companies to disclose detailed financial information, such as their own revenues and profits. They have noted that providing this information could increase the transparency of the market and help participants evaluate its profitability, and the information could also help market regulators and others evaluate whether firms were charging prices above competitive levels. Jurisdictions outside the United States have begun requiring audit firms to disclose some financial information, but the results have been unclear. In the United Kingdom, audit firms are required to file financial information. However, because U.K. accounting firms provide many services, some find the consolidated financial statement to be of limited usefulness in assessing the economics of the firms' audit services. As a result, based on the advice of a group of market participants, the U.K. Financial Reporting Council recommended that audit firms disclose the financial results of their work on statutory audits and directly related services, so that "clearer and more comparable information on the profitability of audit work" would be available.[Footnote 56] In addition, beginning in 2008, audit firms that carry out statutory audits in the European Union are required to file information on fees charged for audits and other services, as well as data on the basis for partners' compensation. Most market participants we interviewed on this proposal did not believe that requiring audit firms to publicly disclose their financial results would be very effective in reducing the risk of anticompetitive pricing among the largest accounting firms. Some market participants we spoke with indicated that such financial statements would not provide useful information for evaluating whether firms were charging fees above competitive levels. Others familiar with the accounting profession have commented that regulators already had the authority to request certain financial information from firms if needed. Therefore, this proposal might not have any direct effect on market competition. Breaking Up the Largest Firms into More Firms: Some academics and former regulators have suggested that requiring one or more of the largest firms to spin off a large portion of their operations to create more than four firms with the capacity to audit large public companies could ease current concentration. Breaking up the largest firms would at least temporarily decrease concentration and mitigate the adverse effect of one of the firms exiting the market or failing. Firms in other markets have been split up in the past--for example, Standard Oil and the American Tobacco Company in 1911; meatpacking firms in 1920; and AT&T, which owned all regional operating telephone companies, in 1984. In some of these cases, some of the resulting companies merged in later years after market or technological changes. Market participants we spoke with expressed concerns about the potential adverse effects of forcing the largest firms to divest themselves of some of their operations. For example, several indicated that splitting the firms could entail significant costs and diminish the economies of scale and depth of expertise that currently allow the largest firms to audit large public companies with complex technical needs and worldwide operations. The result could be increased audit costs and decreased quality of audits performed. In the public co