WEBVTT - Junk Market Isn't a Buy Unless it Drops Another Five Percent, Loomis' Eagan Says

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<v Speaker 1>Welcome to the Bloomberg p m L Podcast. I'm pim Fox.

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<v Speaker 1>Along with my co host Lisa Bramowitz. Each day we

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<v Speaker 1>bring you the most important, noteworthy, and useful interviews for

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<v Speaker 1>you and your money, whether you're at the grocery store

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<v Speaker 1>Podcast on Apple Podcasts, SoundCloud, and Bloomberg dot com. As

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<v Speaker 1>we have been talking about today, there has been some

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<v Speaker 1>escalating weakness in the US hiled bond market, and here

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<v Speaker 1>to talk about that with us is Matt Egan, vice

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<v Speaker 1>president and portfolio manager for Loomis Sales and Company, which

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<v Speaker 1>is based in Boston and overseas forty billion dollars. Matt,

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<v Speaker 1>thank you so much for joining us. First, I just

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<v Speaker 1>want to get your sense of the weakness that we're seeing.

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<v Speaker 1>Is this harbinger of greater pain to come? Or is

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<v Speaker 1>this simple just some idiosyncratic stories and an opportunity to

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<v Speaker 1>buy the dip. I think it's a little bit of both.

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<v Speaker 1>To me, it seems like simply the buyers have stepped

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<v Speaker 1>away from the market. It's it almost seems like anybody

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<v Speaker 1>wanted to own high yield was already invested and on

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<v Speaker 1>the margin. We've seen flows come out. UM. This is

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<v Speaker 1>we're in a we're in the late expansion phase of

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<v Speaker 1>the of the economic cycle, and you know, obviously the

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<v Speaker 1>next step would be a downturn. Nobody knows when that's uh,

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<v Speaker 1>when that should be coming, but uh, you know, typically

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<v Speaker 1>at this stage, how yield becomes a bit more choppy

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<v Speaker 1>and you end up trading in a range. In other words,

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<v Speaker 1>the backdrop, the fundamental backdrop, UH is pretty supportive and

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<v Speaker 1>the range that you trade and is relatively narrow, and

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<v Speaker 1>it tends to be driven by flows. And I think

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<v Speaker 1>that's what we're seeing here now, is is flows that

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<v Speaker 1>are are pushing the market down a bit. Well, but

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<v Speaker 1>what's behind that, right, I mean, is there is there

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<v Speaker 1>a reason why investors are not coming in to buy

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<v Speaker 1>and who who's pulling out? Well, we've seen flows out

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<v Speaker 1>of the ETFs recently. Um, there's been a lot of

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<v Speaker 1>money flowing into et f s. We've also seen a

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<v Speaker 1>strong bid from overseas investors. And I think, you know,

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<v Speaker 1>towards the end of the year, maybe that allocations have

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<v Speaker 1>been full or or just on the on the sidelines

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<v Speaker 1>for now, UM, but we've seen you know, this thirst

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<v Speaker 1>for yields. So while you know, hiled yield in absolute terms,

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<v Speaker 1>that say, you know, a little over five per cents

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<v Speaker 1>don't seem very high from historical perspective. When you look

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<v Speaker 1>around at fixed income ass that's around the world, it

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<v Speaker 1>is still the highest yielding, one of the highest heeling

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<v Speaker 1>options out there for global investors. So so given that, Matt,

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<v Speaker 1>are you in there buying? Is this is this weakness

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<v Speaker 1>that you see as an opportunity. We've been on this,

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<v Speaker 1>We've been on the sidelines. Uh, you know, this is

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<v Speaker 1>a very much a bond pickers market. You mentioned spursion

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<v Speaker 1>and the index, and it's definitely picking up and I

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<v Speaker 1>think that has contributed to, you know, to spooking some

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<v Speaker 1>of some investors. We can talk a little bit about that,

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<v Speaker 1>but um, we've been on the sidelines. You know this market.

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<v Speaker 1>I always say, uh, you know, high yield, the best

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<v Speaker 1>you get is par plus half a coupon because there's

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<v Speaker 1>a lot of call option embedded in high yield bonds

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<v Speaker 1>and when you start trading up above pars. So if

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<v Speaker 1>you look at the index, the price on the index

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<v Speaker 1>is one oh one, the coupon is six, so your

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<v Speaker 1>upside is one oh three and at that point you

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<v Speaker 1>get called out. So you know, when you're trading up,

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<v Speaker 1>you know, we've come off a little bit even that

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<v Speaker 1>your upside is maybe one oh three and on the downside,

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<v Speaker 1>just flow driven downside, you you could go down to

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<v Speaker 1>the mid to low nineties. So you get this negative distribution.

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<v Speaker 1>You want to be buying on the on the dips. So, um,

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<v Speaker 1>given that you said that you're on the sidelines, you're

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<v Speaker 1>not coming in yet, is that correct? Not? With uh? Not?

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<v Speaker 1>With uh? Yeah, I wouldn't be buying the market with

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<v Speaker 1>reserves currently we're only out as smidge So what would

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<v Speaker 1>it take for you to come in and buy. I

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<v Speaker 1>would like to see the market down around the level

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<v Speaker 1>to get a little bit more so, say stay down

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<v Speaker 1>five percent, which is a normal trading training range um

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<v Speaker 1>for the market. Uh, you know, but again I think

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<v Speaker 1>we would stay high quality. I would not try to

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<v Speaker 1>reach down the credit spectrum for for for yield at

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<v Speaker 1>this stage we've seen, you know, just on this recent

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<v Speaker 1>episode of weakness. What happens is those disfavorite names. It's

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<v Speaker 1>sort of like the equity market, right, there's a lot

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<v Speaker 1>of idiosyncratic sector and and you know, the correlations are

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<v Speaker 1>very disparate in the equity section. It's very much like

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<v Speaker 1>that in high yield. So you look at healthcare, you

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<v Speaker 1>look at telecom um, you look at retail. Some of

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<v Speaker 1>those bonds from just the third course of say September

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<v Speaker 1>are down, uh, you know, ten to fifteen price points. Uh.

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<v Speaker 1>So you have to really be laser focused on the

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<v Speaker 1>bonds that you're picking. You don't want to step into

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<v Speaker 1>those really deteriorating f the mental credits because you'll find

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<v Speaker 1>out a little bit about liquidity in the market where

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<v Speaker 1>you know, apparently when there's all buyers stepping in, it

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<v Speaker 1>seems like liquidity is available in the high market. But

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<v Speaker 1>it but it's a bit of a mirage. And once

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<v Speaker 1>you see, particularly when you go to sell, I would

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<v Speaker 1>imagine that if you try to sell it all at once,

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<v Speaker 1>all of a sudden, the waters has a way of

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<v Speaker 1>the tide has a way of sweeping you out with it.

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<v Speaker 1>Thanks very much, mack Egan. He is a vice president

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<v Speaker 1>portfolio manager for Loomas Sales, telling us about the sell

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<v Speaker 1>off in high yield debt. Coming up on Bloomberg. President

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<v Speaker 1>Donald Trump is set to deliver remarks to the APEC

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<v Speaker 1>summit that is taking place in De Nang, Vietnam, and

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<v Speaker 1>the topic there has to do with protectionism, trade and

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<v Speaker 1>also security threats in the guise of North Korea. Here

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<v Speaker 1>to help us understand more about this is Ariel Cohen.

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<v Speaker 1>He is a senior Fellow at the Atlantic Council and

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<v Speaker 1>a principle at International Market Analysis. Ariel, thank you very

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<v Speaker 1>much for being with us. Um. I wonder if you

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<v Speaker 1>could just sort of set us up for what you

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<v Speaker 1>believe will result from this APEC meeting, because simultaneously with

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<v Speaker 1>the meeting taking place in Da Nang, wonderful irony that Uh,

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<v Speaker 1>the U S S. Ronald Reagan, the U S S.

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<v Speaker 1>Theodore Roosevelt, and the U S S Nimits three aircraft

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<v Speaker 1>carriers are holding military exercises in the Western Pacific. And

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<v Speaker 1>that's unusual, is it not? Uh? It is, and it

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<v Speaker 1>isn't taking into account our deteriorating situation in the Korean Peninsula.

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<v Speaker 1>I am not sure Mr Trout resolved anything going forward

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<v Speaker 1>visa in North Korea. And for clear reasons, the Chinese

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<v Speaker 1>influence in Pyongyang is limited. The relationship between Presidency and

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<v Speaker 1>Kim John On is pretty bad, and there's only so

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<v Speaker 1>much and I can do to change Kim's mind, and

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<v Speaker 1>Kim's mind has hell bent on achieving deliverable nuclear warhead

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<v Speaker 1>on a ballistic missile that can hit at least western

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<v Speaker 1>United States, if not all of the United States. And

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<v Speaker 1>that's where we're going with that. Having said that, on trade, also,

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<v Speaker 1>unfortunately pretty little was achieved. So once we walked away

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<v Speaker 1>from tit TIP Trans Pacific Trade Agreement, we are no

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<v Speaker 1>longer leading on trade in the Pacific, and we are

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<v Speaker 1>in a whole visa the China in trade three billion

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<v Speaker 1>dollars and signing memoranda of understanding of this trip and

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<v Speaker 1>the Secretary of Commerce and it's nine billion, the memorand

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<v Speaker 1>of understanding donative TOI billion. Nevertheless, this is um a

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<v Speaker 1>drop in the bucket. This is very little in terms

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<v Speaker 1>of changing the dynamic of this trade around and walking

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<v Speaker 1>away from the gaping deficit between the United States and China. Ariel,

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<v Speaker 1>can you just give us a sense of what's been

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<v Speaker 1>accomplished with a President Trump's trip overseason? And I would

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<v Speaker 1>ask that not only in substantive terms, but also in

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<v Speaker 1>sort of soft relationships that the US can build on. Absolutely. Uh,

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<v Speaker 1>in terms of relationships with Japan. Uh, his strengths in

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<v Speaker 1>the relationship. We probably are going to be supportive in

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<v Speaker 1>the rearmament of Japan and possible to make a buck

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<v Speaker 1>of that. Possibly us UM made your military gear corporations

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<v Speaker 1>are going to sell technology or sell systems to the Japanese.

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<v Speaker 1>In terms of South Korea, Uh, you saw a hundred

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<v Speaker 1>and eighty degrees turned around in so when President Trump

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<v Speaker 1>was not sounding belly coost but his instincts are to

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<v Speaker 1>threaten to use force visa in North Korea. Will he

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<v Speaker 1>across the red line? Will he use force? I do

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<v Speaker 1>not know, but he wants to look like he is

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<v Speaker 1>going to use force to bring Kim to the negotiating table.

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<v Speaker 1>China can help by redheading up sanctions even more. Whether

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<v Speaker 1>it's going to be effective or not, we don't know.

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<v Speaker 1>In the past, the majority of economic sanctions against countries failed.

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<v Speaker 1>The case everybody quotes in South Africa, but I would

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<v Speaker 1>argue it was too generous. It was a specific case.

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<v Speaker 1>So we are in a very precarious situation. Uh. In

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<v Speaker 1>the Korean peninsula. This is why the three aircraft battle

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<v Speaker 1>groups are there. And in terms of trade, Uh, you

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<v Speaker 1>heard what I said. I'm not terribly impressed it's better

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<v Speaker 1>than nothing, and I hope we will be in the

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<v Speaker 1>position to move the don on that. But we're coming

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<v Speaker 1>to this UH negotiating table visa EA China as a beggar.

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<v Speaker 1>Um Our imports either not competitive or blocked by non

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<v Speaker 1>economic means by China, um Our I P is being

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<v Speaker 1>ripped off. And on Koreer, we're coming asking China. We

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<v Speaker 1>have an ask on career, we have an ask on

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<v Speaker 1>South China. See we have an ask on trade. What

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<v Speaker 1>is the Chinese ask? Here's the answer, Ariel. Just to

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<v Speaker 1>give us your quick thoughts though on the relationship. I'd

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<v Speaker 1>like to know between China and South Korea in the

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<v Speaker 1>military context, because those FAD missiles that are being deployed,

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<v Speaker 1>they're made by Lockheed Martin and we might see themselves

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<v Speaker 1>quite a bit more of them now, I hope. So

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<v Speaker 1>we need missile defense. We need missile defense on the

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<v Speaker 1>current peninsula. We need missile defense that can intercept i

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<v Speaker 1>C b MS international intercontinental bolitic missiles. In the US

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<v Speaker 1>we have altogether three thirty six missiles that can intercept,

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<v Speaker 1>give or take, and that is totally totally insufficient against

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<v Speaker 1>a possible North Korean attack. I've written about that we

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<v Speaker 1>need many more UH intercept interceptors in the US as well. Yeah,

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<v Speaker 1>Ariel Cohen, thank you so much for joining US. Arial.

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<v Speaker 1>Cohen is a senior fellow at the Atlantic Council, also

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<v Speaker 1>a principle with International Market Analysis in Washington, d C.

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<v Speaker 1>Talking about President Trump's trip to China, this is well,

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<v Speaker 1>for the holidays, a lot of people are going to

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<v Speaker 1>want different technological gadgets. And here to tell us what

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<v Speaker 1>the most popular among them is Steve Koenig, Senior director

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<v Speaker 1>of market research for the Consumer Technology Association, which is

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<v Speaker 1>based in Washington, but is here in our Bloomberg eleven

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<v Speaker 1>three studios right now with us. Steve, So, what do

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<v Speaker 1>people want? Do they want drones? Do they want Apple watches?

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<v Speaker 1>Do they want I don't know, brain readers? What what's

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<v Speaker 1>hot this year? Well, good morning, and consumers want it all.

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<v Speaker 1>Tech is really become a mainstay for holiday. In fact, UH,

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<v Speaker 1>this year, we're expecting a hundred and seventy million adults

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<v Speaker 1>across the US will be looking for some type of

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<v Speaker 1>technology product to give or given to themselves as a

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<v Speaker 1>holiday gift. And you mentioned drones and everything. Yes, I

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<v Speaker 1>mean certainly that long tail of all these connected products,

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<v Speaker 1>smart home, robotic vacuums. There's so much innovation out there

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<v Speaker 1>that's really inspiring and exciting folks. But sometimes it's just

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<v Speaker 1>the good old products like TVs, anything with a screen. Uh,

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<v Speaker 1>these products do really well, whether it's the the wish

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<v Speaker 1>list or the gift list. Him. You know, I'm just remembering.

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<v Speaker 1>I went on vacation once and saw somebody set up

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<v Speaker 1>a drone and they were so excited, and it took

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<v Speaker 1>a while for them to set it up, and then

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<v Speaker 1>they started using it and it got caught in a

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<v Speaker 1>tree promptly, and they needed a ladder, an old fashioned

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<v Speaker 1>ladder to get it out of the tree and retrieve it.

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<v Speaker 1>Are you getting a drone this year? No? I I

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<v Speaker 1>don't think a drone would be great flying around the

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<v Speaker 1>streets of Manhattan. But having said that, let's talk about

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<v Speaker 1>what's on the screen, because I note that the screens

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<v Speaker 1>that you talk about could be larger, they could be small, right,

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<v Speaker 1>I want to know about the large screens first. Are

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<v Speaker 1>we talking about things like, uh, you know, in any

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<v Speaker 1>c I mean, is there any particular model or any

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<v Speaker 1>particular technology. Is it backlit l C D S and oh, lead,

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<v Speaker 1>what what kind of stuff is popular? Well, four K

0:14:07.920 --> 0:14:11.360
<v Speaker 1>TVs are really front and center. TVs are a perennial

0:14:11.760 --> 0:14:14.679
<v Speaker 1>holiday tech gift, and a lot of people look to

0:14:14.840 --> 0:14:18.040
<v Speaker 1>holiday time to to upgrade their flagship display or just

0:14:18.200 --> 0:14:21.640
<v Speaker 1>add to the TVs in their home. But this year

0:14:22.360 --> 0:14:26.120
<v Speaker 1>we're seeing, really, on balance, just a massive wave of

0:14:26.200 --> 0:14:30.440
<v Speaker 1>four K t vs, four K HDR TVs that deliver

0:14:30.640 --> 0:14:35.320
<v Speaker 1>just an incredible entertainment experience. And as usual, the deals

0:14:35.480 --> 0:14:39.280
<v Speaker 1>for these TVs are better than ever. The best deal

0:14:39.360 --> 0:14:42.000
<v Speaker 1>that I've heard of so far this season is going

0:14:42.080 --> 0:14:44.600
<v Speaker 1>to be a best buy, and that's a fifty four

0:14:44.680 --> 0:14:48.640
<v Speaker 1>K TV for one seventy nine in store only. So

0:14:48.760 --> 0:14:55.280
<v Speaker 1>that just kind of underscores the kinds of deals right television,

0:14:55.560 --> 0:14:58.120
<v Speaker 1>that's right, And if you want to go bigger, of course, Uh,

0:14:58.440 --> 0:15:00.480
<v Speaker 1>there are lots of deals out there heard of like

0:15:00.640 --> 0:15:03.840
<v Speaker 1>up to seventy inch TVs for under two thousand dollars.

0:15:03.880 --> 0:15:05.640
<v Speaker 1>I hope my husband is not listening to this. I

0:15:05.880 --> 0:15:10.200
<v Speaker 1>don't want that in my home. Do you mean for this? Okay?

0:15:10.280 --> 0:15:12.560
<v Speaker 1>So all right, So having said that, what about all

0:15:12.600 --> 0:15:14.720
<v Speaker 1>the accessories that go with this, whether it is the

0:15:14.880 --> 0:15:19.880
<v Speaker 1>sound bar and the uh, you know, base enhancer for audio,

0:15:20.240 --> 0:15:23.840
<v Speaker 1>and what about things like even home theater equipment as well.

0:15:23.880 --> 0:15:26.480
<v Speaker 1>Holiday is all about deals, and so it doesn't really

0:15:26.560 --> 0:15:31.040
<v Speaker 1>matter what tech segment or category. Wherever you're looking, you're

0:15:31.040 --> 0:15:34.440
<v Speaker 1>gonna find some amazing deals. You know, in store with

0:15:34.560 --> 0:15:37.640
<v Speaker 1>the proverbial door busters that that we often hear about,

0:15:37.720 --> 0:15:41.400
<v Speaker 1>but also online and yeah, audio is certainly part of that.

0:15:41.680 --> 0:15:45.120
<v Speaker 1>We we always we see these bundling deals that that

0:15:45.320 --> 0:15:49.120
<v Speaker 1>the retailers put together really curating packages, uh, for like

0:15:49.280 --> 0:15:51.240
<v Speaker 1>say home theater. So yeah, those deals are going to

0:15:51.320 --> 0:15:53.400
<v Speaker 1>be out there in abundance. When you talk about deals,

0:15:53.440 --> 0:15:55.480
<v Speaker 1>I think about the other side and some of the

0:15:55.600 --> 0:15:58.360
<v Speaker 1>retailers that are selling these as well as some of

0:15:58.480 --> 0:16:01.600
<v Speaker 1>the electronics makers. Does the fact that you are seeing

0:16:01.720 --> 0:16:03.840
<v Speaker 1>such good deal as a d seventy nine dollars for

0:16:03.920 --> 0:16:07.880
<v Speaker 1>a fifty inch television, do you get the sense that

0:16:07.960 --> 0:16:10.600
<v Speaker 1>they're hurting that that they're having to slash prices that

0:16:10.840 --> 0:16:14.400
<v Speaker 1>much to get people in the door. Well, actually, our

0:16:14.680 --> 0:16:18.440
<v Speaker 1>forecast call for a one percent gain in tech spending

0:16:18.760 --> 0:16:21.320
<v Speaker 1>over the holiday quarter, so we look at the entire

0:16:21.400 --> 0:16:25.080
<v Speaker 1>fourth quarter for holiday one percent gain up to nine

0:16:25.600 --> 0:16:29.880
<v Speaker 1>billion dollars uh. And that may sound you know, lackluster,

0:16:30.040 --> 0:16:32.760
<v Speaker 1>but it's actually quite healthy when you consider we had

0:16:32.840 --> 0:16:36.760
<v Speaker 1>three point eight percent gain in spending in TwixT up

0:16:36.800 --> 0:16:39.960
<v Speaker 1>to nine billion. So it's hard to repeat that kind

0:16:40.000 --> 0:16:42.880
<v Speaker 1>of gain year over year over year. But yeah, the

0:16:42.960 --> 0:16:45.120
<v Speaker 1>deals are out there, but still people are planning to

0:16:45.160 --> 0:16:48.160
<v Speaker 1>spend more on tech this year. Just quickly give you

0:16:48.200 --> 0:16:51.280
<v Speaker 1>twenty seconds. You said that you're a car guy. What

0:16:51.560 --> 0:16:54.840
<v Speaker 1>in the car do you want? Well, I'll start with

0:16:54.880 --> 0:16:57.840
<v Speaker 1>a new car because my car is about I drive

0:16:57.880 --> 0:16:59.840
<v Speaker 1>a truck and it's about thirteen years old. But yeah,

0:16:59.880 --> 0:17:04.000
<v Speaker 1>I'm really excited by a lot of the the advanced

0:17:04.480 --> 0:17:09.200
<v Speaker 1>UH driver assistance features, you know, adaptive cruise control, blind

0:17:09.280 --> 0:17:12.600
<v Speaker 1>spot detection, forward collision avoidance, a lot of these safety

0:17:12.680 --> 0:17:15.399
<v Speaker 1>features that are that are helping us drive safer and

0:17:15.680 --> 0:17:18.639
<v Speaker 1>avoid those nasty collisions. But also all the connectivity in

0:17:18.720 --> 0:17:22.000
<v Speaker 1>the car so I can bring all my content in Wilders.

0:17:22.200 --> 0:17:25.040
<v Speaker 1>It's great. If it would only give us all free parking, right,

0:17:26.960 --> 0:17:30.880
<v Speaker 1>thanks very much for being televisions. My husband would totally

0:17:30.920 --> 0:17:34.959
<v Speaker 1>want that. Steve Koenick, thanks very much, Senior director, Market Research,

0:17:35.000 --> 0:17:51.560
<v Speaker 1>Consumer Technology Association, based in Washington, d C. Yesterday we

0:17:51.680 --> 0:17:55.640
<v Speaker 1>got news that dropped on the market like a bomb shell.

0:17:55.800 --> 0:17:58.880
<v Speaker 1>It was revealed that the Department of Justice was saying

0:17:58.880 --> 0:18:01.639
<v Speaker 1>that it would not prove the merger between A T

0:18:01.840 --> 0:18:04.680
<v Speaker 1>and T and Time Warner unless A T and T

0:18:04.880 --> 0:18:09.920
<v Speaker 1>agreed to subsequently subsequently sell CNN. Here to discuss this,

0:18:10.359 --> 0:18:12.880
<v Speaker 1>whether there's any precedent for this, whether this is likely

0:18:13.000 --> 0:18:16.640
<v Speaker 1>to go through is Jennifer Re litigation analysts for Bloomberg Intelligence,

0:18:16.640 --> 0:18:19.440
<v Speaker 1>as well as Paul Sweeney, US director of Research and

0:18:19.560 --> 0:18:23.760
<v Speaker 1>senior Media and Internet analyst for Bloomberg Intelligence. Paul, let's

0:18:23.800 --> 0:18:27.680
<v Speaker 1>start with you what happened here? Uh, you know, big surprise.

0:18:27.920 --> 0:18:30.399
<v Speaker 1>We saw a Time Warner trade off over six percent yesterday,

0:18:30.480 --> 0:18:32.600
<v Speaker 1>down another couple of percent today. So the market and

0:18:32.680 --> 0:18:36.520
<v Speaker 1>particularly art traders clearly or not expecting, uh this type

0:18:36.560 --> 0:18:39.320
<v Speaker 1>of news here. So uh, you know, as Jen can

0:18:39.359 --> 0:18:41.240
<v Speaker 1>talk about more detailed, you know, the d o J

0:18:41.520 --> 0:18:43.720
<v Speaker 1>kind of kind of dropped the bombshell, as you mentioned,

0:18:43.760 --> 0:18:45.520
<v Speaker 1>and said, you know, they're really gonna take a much

0:18:45.560 --> 0:18:48.320
<v Speaker 1>harder look at this transaction than the market had had

0:18:48.359 --> 0:18:50.840
<v Speaker 1>been anticipating. And uh, you know, I think the market

0:18:50.880 --> 0:18:54.160
<v Speaker 1>felt like this deal looked an awful lot like Comcast

0:18:54.240 --> 0:18:57.320
<v Speaker 1>acquisition of NBC Universal, and that was approved with some

0:18:57.440 --> 0:19:00.800
<v Speaker 1>minor modifications. So the marketplace fell like that was kind

0:19:00.880 --> 0:19:03.360
<v Speaker 1>of the expectation, and that was kind of built into

0:19:03.400 --> 0:19:06.040
<v Speaker 1>the timing. Uh, and now the timing remains, as the

0:19:06.119 --> 0:19:09.600
<v Speaker 1>company's CFO mentioned, kind of uncertain, and so that really

0:19:09.600 --> 0:19:13.720
<v Speaker 1>brought a lot of our pain out there. Jennifer, as

0:19:13.880 --> 0:19:17.440
<v Speaker 1>an expert in the world of antitrust law, I know

0:19:17.600 --> 0:19:20.399
<v Speaker 1>that Mr Sweeney, he's trying to be a little bit

0:19:20.440 --> 0:19:22.960
<v Speaker 1>diplomatic here, and you know, because he's because we don't

0:19:22.960 --> 0:19:24.440
<v Speaker 1>know what's going to happen. But I'm wondering, from the

0:19:24.520 --> 0:19:30.960
<v Speaker 1>legal perspective, what is different about this particular situation compared

0:19:31.080 --> 0:19:34.600
<v Speaker 1>to all the other situations that you've seen. That is

0:19:34.680 --> 0:19:36.720
<v Speaker 1>the question, I mean, that's the question that d o

0:19:36.800 --> 0:19:38.960
<v Speaker 1>J would have to grapple with if they actually go

0:19:39.080 --> 0:19:41.200
<v Speaker 1>to court to try to suit a block this deal,

0:19:41.440 --> 0:19:44.960
<v Speaker 1>because there is a very long history, very strong precedents

0:19:45.000 --> 0:19:47.720
<v Speaker 1>for this kind of deal um in the same space,

0:19:47.840 --> 0:19:50.200
<v Speaker 1>as well as other vertical deals in different spaces that

0:19:50.320 --> 0:19:53.240
<v Speaker 1>raise the same kinds of concerns and and possible harms,

0:19:53.680 --> 0:19:58.200
<v Speaker 1>in which behavioral concessions were just fine to fix these problems. Jennifer,

0:19:58.560 --> 0:20:02.080
<v Speaker 1>let's just zoom out, mean is this legal? Is this okay?

0:20:02.240 --> 0:20:05.119
<v Speaker 1>I mean, let's say that the real issue here is

0:20:05.200 --> 0:20:08.240
<v Speaker 1>that President Trump, uh and this is just delving into

0:20:08.240 --> 0:20:10.879
<v Speaker 1>the conspiracy theories. This is what everybody talks about when

0:20:10.880 --> 0:20:14.000
<v Speaker 1>they're not on air, which is that President Trump doesn't

0:20:14.040 --> 0:20:16.840
<v Speaker 1>like CNN and basically instructed the Department of Justice not

0:20:17.000 --> 0:20:20.920
<v Speaker 1>to sign off on this agreement unless CNN was was

0:20:20.960 --> 0:20:22.600
<v Speaker 1>sort of left out of this deal. First of all,

0:20:22.840 --> 0:20:24.520
<v Speaker 1>is that a plausible reading of this or is that

0:20:24.880 --> 0:20:28.480
<v Speaker 1>vastly misinterpreting the issue number one and number two? If

0:20:28.560 --> 0:20:31.080
<v Speaker 1>that is the case, is it legal? Well start by saying,

0:20:31.160 --> 0:20:33.520
<v Speaker 1>I certainly think it's plausible. And the reason I think

0:20:33.520 --> 0:20:36.800
<v Speaker 1>it's plausible is because this is such a departure. It's it's,

0:20:37.000 --> 0:20:38.840
<v Speaker 1>it's and and this is something that there's sort of

0:20:38.960 --> 0:20:43.959
<v Speaker 1>bipartisan agreement on amongst both Democratic and Republican um antitrust

0:20:44.080 --> 0:20:47.520
<v Speaker 1>practitioners and officials that this kind of deal doesn't generally

0:20:47.600 --> 0:20:50.720
<v Speaker 1>cause significant harm, and usually that harm you can fix

0:20:50.800 --> 0:20:53.760
<v Speaker 1>with the behavioral remedy. But here's the difficulty that the

0:20:53.840 --> 0:20:57.120
<v Speaker 1>complexity of this is that there is an argument in court,

0:20:57.200 --> 0:20:59.760
<v Speaker 1>There is an argument period, that there is some harm

0:20:59.840 --> 0:21:01.800
<v Speaker 1>that can be caused by this deal. If there was

0:21:01.880 --> 0:21:03.720
<v Speaker 1>no harm, you would need no remedy at all. So

0:21:03.800 --> 0:21:07.000
<v Speaker 1>when you look at Comcast NBCU, these are probably the

0:21:07.080 --> 0:21:09.560
<v Speaker 1>same kind of harms they're thinking about and grappling with now,

0:21:09.640 --> 0:21:12.639
<v Speaker 1>and you needed a remedy there um. So you can

0:21:12.680 --> 0:21:14.199
<v Speaker 1>go into court and you can say, well, well, there

0:21:14.320 --> 0:21:16.520
<v Speaker 1>is a harm here, and we do have concerns and

0:21:16.600 --> 0:21:18.359
<v Speaker 1>we are trying to protect consumers, and that is what

0:21:18.400 --> 0:21:21.679
<v Speaker 1>we're supposed to do under the antitrust laws. The question

0:21:21.800 --> 0:21:24.000
<v Speaker 1>is going to be why what's different about this? As

0:21:24.040 --> 0:21:27.639
<v Speaker 1>Pim already raised, why don't these behavioral remedies which the

0:21:27.720 --> 0:21:30.359
<v Speaker 1>parties appear to be willing to agree with. What is

0:21:30.400 --> 0:21:33.600
<v Speaker 1>a behavior What is an example of a behavioral remedy.

0:21:33.840 --> 0:21:36.359
<v Speaker 1>It's it's making commitments and signing onto an agreement that

0:21:36.400 --> 0:21:38.639
<v Speaker 1>you will behave in a certain way. So for for example,

0:21:38.720 --> 0:21:41.680
<v Speaker 1>not discriminate against your rivals, not try to try to

0:21:41.760 --> 0:21:44.119
<v Speaker 1>try to use your leverage by owning great content or

0:21:44.160 --> 0:21:47.040
<v Speaker 1>owning a lot of distribution to somehow raise the costs

0:21:47.160 --> 0:21:49.399
<v Speaker 1>of your rivals who are trying to get their content

0:21:49.480 --> 0:21:53.000
<v Speaker 1>on your distribution or harm other distributors that you compete

0:21:53.040 --> 0:21:55.440
<v Speaker 1>with by using your own content. It's really just don't

0:21:55.480 --> 0:21:59.639
<v Speaker 1>discriminate license on fair terms. So, Paul, given the market

0:21:59.760 --> 0:22:02.040
<v Speaker 1>risk sponse, do you get the sense that people are

0:22:02.080 --> 0:22:05.720
<v Speaker 1>taking this seriously and thinking, Wow, this deal really may

0:22:05.760 --> 0:22:08.119
<v Speaker 1>not go through. I think what the markets telling us

0:22:08.160 --> 0:22:11.359
<v Speaker 1>here is that at the very least there's going to

0:22:11.400 --> 0:22:13.200
<v Speaker 1>be delay in the closing of this deal. It is

0:22:13.240 --> 0:22:14.960
<v Speaker 1>not going to close by a year end. It looks

0:22:15.000 --> 0:22:18.040
<v Speaker 1>like it's gonna be pushed into um. You know, I

0:22:18.160 --> 0:22:20.440
<v Speaker 1>think most investors that I've spoken to over the last

0:22:20.440 --> 0:22:22.960
<v Speaker 1>couple of days continue believe that the deal will close

0:22:23.040 --> 0:22:28.000
<v Speaker 1>with modest modifications, if any, but that this may go

0:22:28.200 --> 0:22:30.320
<v Speaker 1>to court, which then pushes the timing out of this

0:22:30.440 --> 0:22:34.240
<v Speaker 1>deal out well into, if not beyond, And that is

0:22:34.280 --> 0:22:37.879
<v Speaker 1>what we're seeing in the art spreads today. Jennifer, just quickly,

0:22:38.160 --> 0:22:40.600
<v Speaker 1>let's say you were a lawyer at the Department of

0:22:40.760 --> 0:22:44.400
<v Speaker 1>Justice and you didn't receive any telephone call or communication,

0:22:44.520 --> 0:22:48.240
<v Speaker 1>but you knew the perspective and attitude of people in

0:22:48.280 --> 0:22:51.879
<v Speaker 1>the executive branch. Could that influence you well, certainly, And

0:22:52.080 --> 0:22:54.119
<v Speaker 1>that's another complication here. This may not have been a

0:22:54.200 --> 0:22:56.560
<v Speaker 1>direct communication, but it just could be a desire to

0:22:57.080 --> 0:23:00.119
<v Speaker 1>you know. Yeah, alright, well we're gonna be following this.

0:23:00.240 --> 0:23:02.399
<v Speaker 1>And just to give you an update, the shares of

0:23:02.440 --> 0:23:04.280
<v Speaker 1>A T and T they're higher right now by one

0:23:04.320 --> 0:23:06.679
<v Speaker 1>and a quarter percent. Shares of Time Warner they are

0:23:06.760 --> 0:23:09.280
<v Speaker 1>down by more than one and a quarter per cent.

0:23:09.640 --> 0:23:12.399
<v Speaker 1>Thank you very much for joining us. Jennifer ree any Trust,

0:23:12.480 --> 0:23:15.359
<v Speaker 1>the analyst for Bloomberg Intelligence, and of course Paul Sweeney,

0:23:15.440 --> 0:23:18.880
<v Speaker 1>us director of Research and our senior media and Internet

0:23:18.920 --> 0:23:22.159
<v Speaker 1>analyst for Bloomberg Intelligence. And I will just add you know,

0:23:22.200 --> 0:23:25.359
<v Speaker 1>I've seen conflicting reports about what the motivation was and

0:23:25.440 --> 0:23:27.680
<v Speaker 1>how this is being spun, so it is there still

0:23:27.760 --> 0:23:30.280
<v Speaker 1>is a lot of question about what exactly is going

0:23:30.320 --> 0:23:33.240
<v Speaker 1>on here in the d J stands yes, and well,

0:23:33.320 --> 0:23:37.720
<v Speaker 1>we won't know until we know. Thanks for listening to

0:23:37.760 --> 0:23:40.600
<v Speaker 1>the Bloomberg P and L podcast. You can subscribe and

0:23:40.680 --> 0:23:44.640
<v Speaker 1>listen to interviews at Apple Podcasts, SoundCloud, or whatever podcast

0:23:44.720 --> 0:23:48.160
<v Speaker 1>platform you prefer. I'm pim Fox. I'm on Twitter at

0:23:48.359 --> 0:23:51.720
<v Speaker 1>pim Fox. I'm on Twitter at Lisa Abramo. It's one

0:23:51.960 --> 0:23:54.639
<v Speaker 1>before the podcast. You can always catch us worldwide on

0:23:54.720 --> 0:23:55.520
<v Speaker 1>Bloomberg Radio.