WEBVTT - Pinterest Meets Estimates, and Big Tech and Antitrust (Podcast)

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<v Speaker 1>From the heart of where innovation, money and power collive

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<v Speaker 1>in Silicon Valley and beyond. This is Bloomberg Technology with

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<v Speaker 1>Emily Jay I'm Emily checking San Francisco in This is

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<v Speaker 1>Bloomberg Technology. Coming up in the next hour, pinterest shares

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<v Speaker 1>soaring after hours, revenue meeting estimates with a forecast for

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<v Speaker 1>so modest growth is becoming order. More on the future

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<v Speaker 1>of pinterest in the social and e commerce landscape under

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<v Speaker 1>its new CEO just a moment, plus the future of

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<v Speaker 1>big tech antitrust maybe better getting closer. Over the next hour,

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<v Speaker 1>we will explore the American Innovation and Choice Act and

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<v Speaker 1>how this could be the bill that gets enough bipartisan

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<v Speaker 1>support to put big tech in its place, and how

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<v Speaker 1>do you balance innovation and regulation when it comes to crypto.

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<v Speaker 1>We will ask the former Assistant d o J Attorney

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<v Speaker 1>General where he weighs in on this rapidly evolving debate.

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<v Speaker 1>All of that in a moment, But first I want

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<v Speaker 1>to bring in role hit called Carney MKM Partners Managing Director.

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<v Speaker 1>So row is this where we are that we're expecting

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<v Speaker 1>such bad news when pinterest meets expectations and forecasts modest

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<v Speaker 1>growth that the state shares go bonkers. I think it's

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<v Speaker 1>a it's a fact. It's a function of two things.

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<v Speaker 1>One is obviously the fundamentals, and I think equally important

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<v Speaker 1>is Elliott's press release. Um, so expectations were low, they're

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<v Speaker 1>getting lower. Interest was trading as if it's going out

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<v Speaker 1>of business, to be honest, not like a growth company.

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<v Speaker 1>And now they jump over a very low bar. And

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<v Speaker 1>I think the most important thing here is the third

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<v Speaker 1>quarter of revenue outlook. Facebook is telling us sequential declines,

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<v Speaker 1>Snap is telling us sequential declines in the revenues, and

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<v Speaker 1>Pinterest comes along and says, okay, we might grow sequentially.

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<v Speaker 1>So this is uh, this is something not what people

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<v Speaker 1>have expected. On top of that, Elliott gives you this

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<v Speaker 1>presidentally is about Pinterest, them being the largest shareholder in pinterest.

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<v Speaker 1>So I think a lot of bad news was priced

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<v Speaker 1>in and here we here we are up twenty persons.

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<v Speaker 1>You of course have a big leadership change that's happened

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<v Speaker 1>at pincer as the co founder, longtime CEO Ben Silverman

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<v Speaker 1>out Bill Ready of Google long time payments executive is in.

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<v Speaker 1>How do you see Pinterests challenges differing from what's facing

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<v Speaker 1>Facebook and snap um Painters has always been a tweener.

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<v Speaker 1>There is always a debate between are they a real

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<v Speaker 1>social media company or are they a company that is

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<v Speaker 1>just singularly focused on a single person's hobbies needs and

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<v Speaker 1>going down the funnel of what they may want to

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<v Speaker 1>buy to convert their hobbies and needs into want and

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<v Speaker 1>uh and put ads in front of them. So as

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<v Speaker 1>we go down the funnel, Pinteress is doing what they

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<v Speaker 1>need to do, putting shopping on the social media platform,

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<v Speaker 1>putting payments, tagging along some of the bells and whistles

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<v Speaker 1>along with it. But I think they've been doing it

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<v Speaker 1>very slowly. If Bill Ready comes in, he has a

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<v Speaker 1>very complimentary skill set. You talked about well he was

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<v Speaker 1>advent more Bradery, now you talk about Google Commerce. So

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<v Speaker 1>he's bringing a very commerce oriented skill set here. And

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<v Speaker 1>that's what probably is something to be excited about. And

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<v Speaker 1>we'll be watching it from the sidelines here now Petters

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<v Speaker 1>is of course it's a much smaller player than of

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<v Speaker 1>course Meta, you know, even Snap and Twitter. But do

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<v Speaker 1>you see what what's happening here as some sort of

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<v Speaker 1>broader signal about what's happening in the broader economy or

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<v Speaker 1>with digital adspent um. Broadly, we are quite certain the

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<v Speaker 1>digital AdSpend is shifting slowly downwards, the pie shrinking in

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<v Speaker 1>there the pie. I think market share is shifting. For example,

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<v Speaker 1>we think that Google is getting a little bit of

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<v Speaker 1>extra market share away from so some of the social

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<v Speaker 1>media platforms, as Google is more bottom of funlance, searches

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<v Speaker 1>doing well. Search tends to do better in recessions, and

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<v Speaker 1>tends to do better when advertisers getting very very cautious

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<v Speaker 1>about end um. That's what is happening. But when Pinterest,

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<v Speaker 1>it's a very small player, it could just be a

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<v Speaker 1>play on Okay, what do you think some of the

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<v Speaker 1>suburban moms are thinking about holiday shopping? That could be

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<v Speaker 1>they're not completely pessimistic about it. So that's if you

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<v Speaker 1>look at engagement on Pinterest, I think that may be

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<v Speaker 1>the only leading in data. But it's still too small

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<v Speaker 1>for us to make a macro call right now. All right,

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<v Speaker 1>you do cover Uber and Left. We're expecting their earnings

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<v Speaker 1>out later this week as well. What are you looking

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<v Speaker 1>for their um? Again? I think in terms of Uber,

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<v Speaker 1>we prefer Uber versus Left, but both companies should have

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<v Speaker 1>should have earnings that should probably exceed expectations. I think

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<v Speaker 1>the biggest kind of question mark. There are two question

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<v Speaker 1>marks in front of investors. Do higher gas prices way

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<v Speaker 1>on drivers? We think so yes? And how does that

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<v Speaker 1>translate into driver incentives? That's been a very big debate.

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<v Speaker 1>We think that's been a way on the staff tomorrow

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<v Speaker 1>for Uber. And the second question is with inflation, with

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<v Speaker 1>consumer discretionaries spend with rising right share prices, how does

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<v Speaker 1>that rain do on the share of wallet for right sharing?

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<v Speaker 1>We think that is very basiliant. So with that, for

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<v Speaker 1>that we give them a checkmouk a question amount for

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<v Speaker 1>driving incentives? What we like heading into earnings tomorrow? All right,

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<v Speaker 1>hit called Carney Mcam partners. Thank you so much for

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<v Speaker 1>joining us. Of course, we'll be across Uber, Lift and

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<v Speaker 1>many more companies reporting this week. We compete hard, we

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<v Speaker 1>compete fairly. We try to be the best. We have

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<v Speaker 1>fierce competition at the developers side and the customer SIDEBC

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<v Speaker 1>vigorous competition. Our business model is advertising and we faced

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<v Speaker 1>intense competition. We don't have a dominant share in any market.

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<v Speaker 1>We have a policy against using individual seller data to

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<v Speaker 1>compete with our private label. I would describe it as

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<v Speaker 1>a street fight for market share in the smartphone business.

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<v Speaker 1>I've been clear that Instagram was a competitor. It wouldn't

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<v Speaker 1>surprise me. Refilexus sometimes does promote our own products. Competition

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<v Speaker 1>drives us to history shows that if we don't keep innovating,

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<v Speaker 1>someone will replace every company here today Mark Zuckerberg, Jeff Bezos,

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<v Speaker 1>Sundar Pachai, and Tim Cook just two years ago testifying

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<v Speaker 1>it a virtual hearing focused on big tech power in

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<v Speaker 1>two years later, regulators and lawmakers are still considering rules

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<v Speaker 1>that will rain in big tech's biggest players. In an

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<v Speaker 1>effort to boost competition and protect consumers, The American Innovation

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<v Speaker 1>and Choice on Line Act would bar major platforms from

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<v Speaker 1>giving advantages to their own products over those of rivals.

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<v Speaker 1>This is the legislation proposed by Senators Clobuscher and Grassley

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<v Speaker 1>last year. Joining me now David Kapatrick, founder and editor

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<v Speaker 1>in chief of Teconomy, as well as bloombergs Emily Burnbaum

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<v Speaker 1>in d C, who covers big tech anti tries, Emily,

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<v Speaker 1>let's start with you set the stage for us. Because

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<v Speaker 1>there've been so many competing bills, so many competing approaches

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<v Speaker 1>here but this one seems to be gaining steam. Talk

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<v Speaker 1>to us about what klobus are actually have proposed and

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<v Speaker 1>the status of it at this moment. Yeah. So there

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<v Speaker 1>was a wide array of tech related anti trust build

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<v Speaker 1>that passed the House Fishery Committee UH last year. Since then,

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<v Speaker 1>the conversation is coalesced around. UM. This legislation you're talking about,

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<v Speaker 1>the American Innovation and Choice Online Act. UM. It would

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<v Speaker 1>prevent the companies from UH giving preference to their own products.

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<v Speaker 1>So for instance, on you know, Amazon, UH, Amazon's e

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<v Speaker 1>commerce platform, it couldn't privilege its own private label products

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<v Speaker 1>over UM products from small businesses that rely on its platform. UM.

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<v Speaker 1>Right now. You know, there was a huge amount of

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<v Speaker 1>momentum behind this legislation. UM. There was serious talk that

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<v Speaker 1>this legislation is going to get a vote this summer. UM,

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<v Speaker 1>and Chuck Schumer himself had pledged to put it on

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<v Speaker 1>the floor. UM in the early summer. It didn't happen.

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<v Speaker 1>Now we have a week till August resets. It's not

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<v Speaker 1>going to be happening this week. His office has confirmed,

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<v Speaker 1>and we reported recently that he told a group of

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<v Speaker 1>donors that it wasn't going to happen, but now people

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<v Speaker 1>are looking to fall potentially in September. Um, this legislation

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<v Speaker 1>might come to a vote, but that's a very unusual

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<v Speaker 1>time for bills to be considered a mid terms though. UM,

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<v Speaker 1>it's all up in the air right now. Interested indeed, David,

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<v Speaker 1>that big tech stance on big tech could become you know,

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<v Speaker 1>a real issue for voters, uh in the November midterms

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<v Speaker 1>after so many years of figuring out how to regulate them.

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<v Speaker 1>What do you make of this particular bill and how

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<v Speaker 1>it could impact these companies. First of all, I loved

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<v Speaker 1>your montage at the beginning of the segment. It was

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<v Speaker 1>quite amusing. Uh. To be honest, I don't think even

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<v Speaker 1>though surveys show that most consumers slash voters do feel

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<v Speaker 1>that tech companies are too powerful, I don't think this

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<v Speaker 1>kind of issue is anywhere near the top of the

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<v Speaker 1>agenda for voters in general. So I think legislators do

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<v Speaker 1>have to be careful as they're taking actions that might

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<v Speaker 1>seem based on hearings they've had, etcetera, to be rational

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<v Speaker 1>ones that they don't annoy the voters that put them

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<v Speaker 1>in office. Because the problem with regulating Amazon, Apple, Google,

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<v Speaker 1>Meta etcetera. Is these services are essentially as present in

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<v Speaker 1>people's lives as government itself, so you don't want to

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<v Speaker 1>mess with them lightly. Now, I do think many of

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<v Speaker 1>the things that were demonstrated in especially the House hearings

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<v Speaker 1>were egregious. That quote from Bezos just based on reporting

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<v Speaker 1>that we've seen elsewhere and some of the evidence that

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<v Speaker 1>the hearing is flat wrong. They do preference their own

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<v Speaker 1>products at Amazon, so some things need to be fixed.

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<v Speaker 1>But I just worry that we have a sledgehammer here

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<v Speaker 1>and maybe we need like a very fine tooth nail,

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<v Speaker 1>you know, and find nail in a very little hammer. Emily,

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<v Speaker 1>what do you make of that? And and talk to

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<v Speaker 1>us about how sentiment towards big tech has changed since.

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<v Speaker 1>I mean, we're still too we're too long years now

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<v Speaker 1>away from that, A lot has changed and it doesn't

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<v Speaker 1>look good for tech. Yeah, sentiment soured on the big

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<v Speaker 1>tech companies, you know. It started souring in twenty six

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<v Speaker 1>UM mostly related to concerns around than Facebook now Meta Um,

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<v Speaker 1>and it's only continued to become more and more politically

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<v Speaker 1>potent to UM, you know, put yourself in opposition to

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<v Speaker 1>the major tech companies, you know, as part of a

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<v Speaker 1>broader sort of anti corporate push UM during the Biden

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<v Speaker 1>administration and during the Biden presidency. UM. So uh at

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<v Speaker 1>this point, UM, the major message that's being pushed by

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<v Speaker 1>the tech companies is, um, this is not what your

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<v Speaker 1>voters care about. Um. They are running um uh tens

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<v Speaker 1>of millions of dollars worth of ads. We did account

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<v Speaker 1>um this week. They've spent a hundred and twenty million

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<v Speaker 1>dollars on advertising, essentially trying to convince voters. Um, you know,

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<v Speaker 1>Congress is trying to meddle in your phone while so

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<v Speaker 1>many other more important things are going on, you know,

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<v Speaker 1>inflation and uh, the and uh you know gas prices

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<v Speaker 1>that affect you. Why are they looking at this and

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<v Speaker 1>so Um It's yet to be seen if that's a

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<v Speaker 1>winning argument, but it definitely was voting enough that Schumer

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<v Speaker 1>didn't put the those up for vote. Now, David, I

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<v Speaker 1>want to get your thoughts on this latest action from

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<v Speaker 1>the FTC suing Meta over its attempt to buy this

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<v Speaker 1>fairly small VR company within unlimited. The FTC is now

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<v Speaker 1>challenging this, and we've learned that, uh, the FTC filed

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<v Speaker 1>this lawsuit because Lena Khan wanted to do it, even

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<v Speaker 1>though her staff disagreed. What do you make of this

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<v Speaker 1>that it seems the FTC, or at least Lena con

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<v Speaker 1>is determined not to let Meta grow by acquisition like

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<v Speaker 1>it did with Instagram? And what's that? Really good question?

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<v Speaker 1>But before I answer, I just want to make it

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<v Speaker 1>clear I don't intend to echo industry talking points about

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<v Speaker 1>this big bill. I do think the industry has made

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<v Speaker 1>enormous errors and and there's huge resentment against big tech,

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<v Speaker 1>big corporate generally, as as the other Emily said, but

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<v Speaker 1>I just think it's very risky to just go after

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<v Speaker 1>these companies wholesale the way they're doing it. But back

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<v Speaker 1>to Meta and within at the moment, I think that

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<v Speaker 1>Meta has made so many mistakes and gotten so many

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<v Speaker 1>people angry that there is going to be support for

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<v Speaker 1>almost any pushback against that particular company, And to some extent,

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<v Speaker 1>I think even on the other bill, one of the

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<v Speaker 1>reasons so many legislators are so willing to go after

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<v Speaker 1>the entire group of companies is because Meta slash Facebook's

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<v Speaker 1>crimes are really so vividly obvious that it seems justified

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<v Speaker 1>to go after quote unquote big tech. But I think

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<v Speaker 1>It's going to be very hard for Zuckerberg to get

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<v Speaker 1>any kind of significant acquisition through with Lena khan Um

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<v Speaker 1>in there. And certainly maybe he'll even succeed in ultimately

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<v Speaker 1>achieving this acquisition, but everything is gonna encounter pushback. And

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<v Speaker 1>one other point I just want to make. Let's not

0:13:18.600 --> 0:13:21.520
<v Speaker 1>forget what's happening in Europe with the Digital Markets Act

0:13:21.600 --> 0:13:24.480
<v Speaker 1>Digital Services Act, which is very parallel to some of

0:13:24.480 --> 0:13:26.440
<v Speaker 1>the efforts being made in the US, and which is

0:13:26.679 --> 0:13:31.320
<v Speaker 1>further along legislative Absolutely, Europe is a whole another hour

0:13:31.400 --> 0:13:34.040
<v Speaker 1>long show in itself. Emily, I gotta ask you, what

0:13:34.120 --> 0:13:38.360
<v Speaker 1>are the chances the FTC can stop this latest Meta deal,

0:13:38.480 --> 0:13:42.679
<v Speaker 1>even though it is smaller scale. Yeah. I think a

0:13:42.720 --> 0:13:47.079
<v Speaker 1>lot of experts looking at this particular lawsuit by the

0:13:47.160 --> 0:13:50.560
<v Speaker 1>FTC are saying this is a very novel theory, um

0:13:50.640 --> 0:13:54.400
<v Speaker 1>because essentially they're not challenging um. You know, they're not

0:13:54.480 --> 0:13:58.720
<v Speaker 1>saying Meta is currently monopoly in the virtual reality space.

0:13:58.720 --> 0:14:01.240
<v Speaker 1>Is saying that this acquisition could set the stage for

0:14:01.320 --> 0:14:03.800
<v Speaker 1>them monopolize and get another market. This is a sort

0:14:03.800 --> 0:14:08.120
<v Speaker 1>of untested and a new way of approaching acquisitions. Um.

0:14:08.360 --> 0:14:11.280
<v Speaker 1>So there's a lot the you know, there's a lot

0:14:11.320 --> 0:14:14.320
<v Speaker 1>of people who are skeptical about how winning this argument

0:14:14.360 --> 0:14:18.040
<v Speaker 1>could be under correct antitrust laws. But it's not even

0:14:18.080 --> 0:14:22.600
<v Speaker 1>about blocking this particular acquisition. Um. It's it's more a

0:14:22.680 --> 0:14:25.960
<v Speaker 1>show of course by Nina Kan's FTC. You know, she said,

0:14:26.080 --> 0:14:28.200
<v Speaker 1>you have to bring cases even if you're not going

0:14:28.240 --> 0:14:30.720
<v Speaker 1>to win them, because that's how, you know, if you

0:14:30.840 --> 0:14:34.960
<v Speaker 1>change practices within particular industries. Um. And that's how you

0:14:35.160 --> 0:14:38.080
<v Speaker 1>kind of like, you know, put fear in companies that

0:14:38.200 --> 0:14:41.520
<v Speaker 1>they make these kinds of acquisitions. Well, certainly an interesting

0:14:41.880 --> 0:14:44.000
<v Speaker 1>step by the FTC, and we'll be watching to see

0:14:44.040 --> 0:14:46.640
<v Speaker 1>how that one plays APT bloom Examily, bern Bam. Thank you,

0:14:46.680 --> 0:14:50.280
<v Speaker 1>along with our Teconomy founder and editor in chief David Kirkpatrick.

0:14:50.440 --> 0:14:53.840
<v Speaker 1>So much here to continue to discuss over months and

0:14:53.920 --> 0:14:57.520
<v Speaker 1>I'm sure years. Meantime, the White House has urged China

0:14:57.720 --> 0:15:00.520
<v Speaker 1>not to escalate tensions in the with the US in

0:15:00.560 --> 0:15:03.880
<v Speaker 1>response to how Speaker Nancy Pelosi's expected visit to Taiwan,

0:15:04.280 --> 0:15:08.040
<v Speaker 1>signaling that the Biden administration is preparing for Beijing to retaliate.

0:15:08.400 --> 0:15:11.160
<v Speaker 1>A Pelosi visit would be a landmark move by a

0:15:11.280 --> 0:15:14.240
<v Speaker 1>US official and raise the risk of a military confrontation

0:15:14.360 --> 0:15:17.400
<v Speaker 1>given China's view that Taiwan is part of its territory.

0:15:17.560 --> 0:15:20.160
<v Speaker 1>The White House detailed possible actions China could take in

0:15:20.200 --> 0:15:23.720
<v Speaker 1>response to Pelosi's trip, including firing missiles into the Taiwan

0:15:23.840 --> 0:15:28.040
<v Speaker 1>straight Pelosi's office has yet to officially confirm her visit

0:15:29.600 --> 0:15:33.160
<v Speaker 1>and coming up Activision results also out. Where does it's

0:15:33.200 --> 0:15:37.280
<v Speaker 1>deal with microstos stand will give you an update on that. Next,

0:15:37.440 --> 0:15:59.240
<v Speaker 1>this is Bloomberg. Let's get back to earnings and shares

0:15:59.280 --> 0:16:01.560
<v Speaker 1>of Activision? Is there a touch higher in late training

0:16:01.560 --> 0:16:04.640
<v Speaker 1>after the video GameMaker posted sales and been expectations, but

0:16:04.720 --> 0:16:08.240
<v Speaker 1>had little to say about its pending deal with Microsoft

0:16:08.120 --> 0:16:10.600
<v Speaker 1>or at Ludlow. Here with the top lines, let's talk

0:16:10.600 --> 0:16:13.760
<v Speaker 1>about the numbers. First, Where are we so better than expected?

0:16:13.840 --> 0:16:16.320
<v Speaker 1>Revenue one point six four billion dollars? Very nice, but

0:16:16.480 --> 0:16:19.920
<v Speaker 1>context down fifteen percent from a year ago, Earnings half

0:16:19.960 --> 0:16:22.360
<v Speaker 1>what they were a year ago. And you know, it's

0:16:22.360 --> 0:16:26.400
<v Speaker 1>a weird situation for Activision Blizzard right with depending acquisition.

0:16:26.640 --> 0:16:29.200
<v Speaker 1>But the reality is that the video games instruced is

0:16:29.240 --> 0:16:31.160
<v Speaker 1>not as strong right now as it was last year.

0:16:31.200 --> 0:16:33.040
<v Speaker 1>You know Call of Duty Vanguard, which came out in

0:16:33.080 --> 0:16:35.840
<v Speaker 1>the fall has performed poorly. That's had an impact on

0:16:36.080 --> 0:16:38.880
<v Speaker 1>the company's finances, and frankly, we're all at home anymore.

0:16:38.880 --> 0:16:41.520
<v Speaker 1>I've stopped playing as much video games as many video

0:16:41.560 --> 0:16:44.440
<v Speaker 1>games and some of their competitors, like Halo, for example,

0:16:44.480 --> 0:16:47.120
<v Speaker 1>have just done better to gravitate what interest there is.

0:16:47.240 --> 0:16:49.560
<v Speaker 1>How much of this has to do with uncertainty surrounding

0:16:49.560 --> 0:16:52.080
<v Speaker 1>the deal. I mean, this would be the biggest acquisition

0:16:52.080 --> 0:16:54.640
<v Speaker 1>in the last year at least, and we don't know

0:16:54.640 --> 0:16:56.480
<v Speaker 1>if it's going to happen or not, so I think

0:16:56.920 --> 0:16:59.480
<v Speaker 1>merger arbitrary specialists that Bloomberg spoken to say the odds

0:16:59.520 --> 0:17:02.280
<v Speaker 1>of it going through around sevent Bloomberg Intelligence think there's

0:17:02.280 --> 0:17:04.880
<v Speaker 1>going to be tough, but it will ultimately go through.

0:17:04.880 --> 0:17:07.120
<v Speaker 1>And if you look at the stock, you know it's game.

0:17:07.760 --> 0:17:10.439
<v Speaker 1>Since the deals announced, it trades a significant discount to

0:17:10.480 --> 0:17:14.160
<v Speaker 1>the A share that were offered. But it's a mega deal,

0:17:14.440 --> 0:17:16.840
<v Speaker 1>and you know, we always thought there would be regulatory scrutiny,

0:17:16.920 --> 0:17:20.639
<v Speaker 1>and investors seem confident. But as we've learned with well,

0:17:20.720 --> 0:17:22.879
<v Speaker 1>let's not go their Twitter and mask anything could happen

0:17:22.880 --> 0:17:24.959
<v Speaker 1>with a deal of this size. Activision has also been

0:17:24.960 --> 0:17:27.440
<v Speaker 1>dealing with some cultural issues. There's questions about the future

0:17:27.440 --> 0:17:31.480
<v Speaker 1>of CEO Bobby Kolda stays on Microsoft or if this

0:17:31.560 --> 0:17:34.399
<v Speaker 1>deal is the start of his swansan. Yeah, And what

0:17:34.440 --> 0:17:36.800
<v Speaker 1>analysts a point to is that Microsoft went into the

0:17:36.800 --> 0:17:39.080
<v Speaker 1>deal with their eyes open, So it seems you know

0:17:39.160 --> 0:17:42.200
<v Speaker 1>that they bought the company or said they would buy

0:17:42.200 --> 0:17:43.640
<v Speaker 1>the company of the time that that was going through.

0:17:44.080 --> 0:17:46.520
<v Speaker 1>The biggest kind of world card is one Lena can

0:17:46.600 --> 0:17:48.240
<v Speaker 1>I think you were just discussing in the last blog

0:17:48.480 --> 0:17:50.400
<v Speaker 1>as this sort of general appetite to look at big

0:17:50.440 --> 0:17:53.960
<v Speaker 1>tech deals. In the first quarter, the FTC asked both

0:17:54.000 --> 0:17:57.920
<v Speaker 1>sides for evidence. We thought we'd get responses on Monday

0:17:58.040 --> 0:18:00.439
<v Speaker 1>as part of earnings, but in the earnings statement they

0:18:00.440 --> 0:18:03.159
<v Speaker 1>just said, Hey, as is normal, we're pending a deal. Sorry,

0:18:03.240 --> 0:18:06.399
<v Speaker 1>can't comment, can't give you any more information. Maybe by

0:18:06.440 --> 0:18:08.520
<v Speaker 1>the fourth quarters what bloom bag intelligence things will get

0:18:08.520 --> 0:18:10.240
<v Speaker 1>some more detail here. Well, its interest is to see,

0:18:10.280 --> 0:18:14.680
<v Speaker 1>Lena can't scrutinizing a much smaller deal between Meta and uh,

0:18:14.800 --> 0:18:18.280
<v Speaker 1>you know, a small VR company, and not to have

0:18:18.440 --> 0:18:21.239
<v Speaker 1>the same kind of scrutiny of Microsoft and Activision yet

0:18:21.520 --> 0:18:24.040
<v Speaker 1>that we know of. Yet again, we're in a pretty

0:18:24.040 --> 0:18:27.280
<v Speaker 1>primary stage and the deal is on tracked close in June,

0:18:28.160 --> 0:18:30.400
<v Speaker 1>which you know, given the new cycle, seems a very

0:18:30.440 --> 0:18:32.639
<v Speaker 1>long way away. And don't think it. This isn't just

0:18:32.760 --> 0:18:35.720
<v Speaker 1>us story. The cmn UK announced early July they're looking

0:18:35.720 --> 0:18:38.200
<v Speaker 1>at this. This is a global player. Activation has partners

0:18:38.200 --> 0:18:40.159
<v Speaker 1>in China with Nettes. It's going to get a lot

0:18:40.160 --> 0:18:42.960
<v Speaker 1>of attention alright, a lot at stake at Bloodlow. Thank

0:18:43.000 --> 0:18:54.919
<v Speaker 1>you for that update. I think simply because you've been

0:18:54.960 --> 0:18:59.159
<v Speaker 1>successful in a few different businesses doesn't somehow mean that

0:18:59.240 --> 0:19:01.880
<v Speaker 1>you have a napped from market power. It just means

0:19:01.880 --> 0:19:04.400
<v Speaker 1>you've been successful in a couple of different customer experiences.

0:19:04.480 --> 0:19:07.359
<v Speaker 1>I look at the opportunity we provide. I look at

0:19:07.359 --> 0:19:10.320
<v Speaker 1>the skills people are learning through YouTube, you know. I

0:19:10.320 --> 0:19:13.280
<v Speaker 1>feel like everywhere when I go talk to people and

0:19:13.280 --> 0:19:16.560
<v Speaker 1>and providing access to information and knowledge, I think we'll

0:19:16.600 --> 0:19:18.240
<v Speaker 1>end up being on the right side of history as well.

0:19:18.560 --> 0:19:21.240
<v Speaker 1>I don't think big by itself is bad or but

0:19:21.400 --> 0:19:25.400
<v Speaker 1>competition is good. And every business, in particular the businesses

0:19:25.440 --> 0:19:29.119
<v Speaker 1>that are large and have high scale. The unintended consequences

0:19:29.160 --> 0:19:32.159
<v Speaker 1>of your scale cannot be dealt after the fact. They

0:19:32.160 --> 0:19:35.439
<v Speaker 1>need to be dealt while you're scaling. Regulation will have

0:19:35.480 --> 0:19:38.160
<v Speaker 1>an important role to play here. I think privacy regulation

0:19:38.280 --> 0:19:41.800
<v Speaker 1>is important. In the areas like AI regulation will be important.

0:19:43.640 --> 0:19:45.920
<v Speaker 1>Some thoughts there from my interviews with various big text

0:19:45.920 --> 0:19:48.840
<v Speaker 1>CEOs in the last eighteen months. As big tech regulation

0:19:48.960 --> 0:19:52.800
<v Speaker 1>is still pending in Washington, can Congress rain in these

0:19:53.000 --> 0:19:57.200
<v Speaker 1>major platforms well. The American Innovation and Choice Online Act

0:19:57.280 --> 0:20:00.480
<v Speaker 1>is Congress's first major effort to regulate big since the

0:20:00.520 --> 0:20:04.359
<v Speaker 1>inception of the Internet, and it has bipartisan support. Here's

0:20:04.359 --> 0:20:09.720
<v Speaker 1>the bills leading Democratic sponsor, Senator Amy Klobuchar. At some point,

0:20:10.119 --> 0:20:14.120
<v Speaker 1>if there's no competition, these companies are allowed to become

0:20:14.200 --> 0:20:20.040
<v Speaker 1>these monopolistic, dominant um providers. And in the case of

0:20:20.080 --> 0:20:22.600
<v Speaker 1>a t n T, no one wanted to destroy a

0:20:22.720 --> 0:20:24.960
<v Speaker 1>t n T. They just wanted to make sure that

0:20:25.119 --> 0:20:31.000
<v Speaker 1>new competitors can develop. Votes could come before November's mid terms,

0:20:31.040 --> 0:20:34.119
<v Speaker 1>and if it passes, what does it mean for big tech? Really?

0:20:34.320 --> 0:20:37.159
<v Speaker 1>Let's discuss that and more with the Chamber of Progress

0:20:37.160 --> 0:20:40.159
<v Speaker 1>founder and CEO. Adam Kovakovitch, a long time former Google

0:20:40.160 --> 0:20:44.359
<v Speaker 1>executive and Charlotte's Laman competition policy director at Public Knowledge,

0:20:44.359 --> 0:20:47.040
<v Speaker 1>an organization that works to promote freedom of expression and

0:20:47.359 --> 0:20:49.640
<v Speaker 1>an open Internet. So Charlotte will start with you. What's

0:20:49.680 --> 0:20:54.520
<v Speaker 1>your sense of this bill? Does it go far enough? Yes?

0:20:54.600 --> 0:20:57.560
<v Speaker 1>I think it would be a huge step forward. Of course,

0:20:57.600 --> 0:21:00.040
<v Speaker 1>there is a lot more that we are hoping and

0:21:00.200 --> 0:21:04.480
<v Speaker 1>happen in the future, but being able to stop the

0:21:04.560 --> 0:21:07.920
<v Speaker 1>anti competitive discrimination that these companies are engaging in to

0:21:08.480 --> 0:21:12.000
<v Speaker 1>prevent small competitors from getting a fair shot would make

0:21:12.040 --> 0:21:15.600
<v Speaker 1>a huge difference towards promoting competition and making sure that

0:21:15.640 --> 0:21:20.359
<v Speaker 1>consumers actually have access to the best products. Adam, would

0:21:20.359 --> 0:21:24.480
<v Speaker 1>you agree or does this bill go too far? Respectfully disagree?

0:21:24.680 --> 0:21:26.719
<v Speaker 1>I I have great respect for Charlotte, but we disagree

0:21:26.720 --> 0:21:28.560
<v Speaker 1>on this one. Look, I think this this bill is

0:21:28.600 --> 0:21:30.760
<v Speaker 1>languishing for a pretty simple reason, which is that what

0:21:30.840 --> 0:21:33.520
<v Speaker 1>it's proposing to do just isn't that popular if you

0:21:33.560 --> 0:21:36.080
<v Speaker 1>look at another space, which is drugs. Right now, in contrast,

0:21:36.160 --> 0:21:38.560
<v Speaker 1>Congress is on the verge of passing an extremely popular

0:21:38.640 --> 0:21:42.080
<v Speaker 1>regulatory change over the objections of the pharmaceutical industry, which

0:21:42.080 --> 0:21:44.840
<v Speaker 1>is allowing Medicare to negotiate drug prices. That's something that

0:21:45.119 --> 0:21:48.320
<v Speaker 1>voters have been clamoring for for decades. It's their pocketbooks.

0:21:48.520 --> 0:21:50.840
<v Speaker 1>They've have senators about it at town hall meetings. Tech

0:21:50.920 --> 0:21:53.320
<v Speaker 1>regulation isn't like that. I think we see the polls

0:21:53.320 --> 0:21:56.400
<v Speaker 1>show that the public favors regulation of big tech platforms

0:21:56.400 --> 0:21:59.440
<v Speaker 1>in general. But this bill does something in particular that's

0:21:59.480 --> 0:22:02.359
<v Speaker 1>not particularly popular, which is banned big tech from offering

0:22:02.440 --> 0:22:06.159
<v Speaker 1>vertically integrated services like Google Maps, Amazon Basics. And it's

0:22:06.200 --> 0:22:09.000
<v Speaker 1>always been clear why smaller companies like Yelp and Spotify

0:22:09.040 --> 0:22:11.520
<v Speaker 1>and match would benefit from that law. But I think

0:22:11.560 --> 0:22:13.640
<v Speaker 1>senators have sort of seen for themselves of the last

0:22:13.680 --> 0:22:15.520
<v Speaker 1>couple of months that no voters are really marching on

0:22:15.600 --> 0:22:19.200
<v Speaker 1>Washington to demand big changes to Google search results or

0:22:19.240 --> 0:22:22.399
<v Speaker 1>Amazon Prime and and that's just the reality. Charlotte, how

0:22:22.440 --> 0:22:25.840
<v Speaker 1>do you respond to that? So I think it may

0:22:25.920 --> 0:22:31.720
<v Speaker 1>not be yet a household discussion about um competition and antitrust,

0:22:31.880 --> 0:22:34.440
<v Speaker 1>But I think what people notice is that these products

0:22:34.480 --> 0:22:37.159
<v Speaker 1>are not serving them. They might not know that that

0:22:37.280 --> 0:22:40.400
<v Speaker 1>is because of a lack of competition, because, uh, these

0:22:40.480 --> 0:22:45.360
<v Speaker 1>gatekeepers don't have to face the new entrepreneurs who sometimes

0:22:45.359 --> 0:22:48.199
<v Speaker 1>have better ideas, and that's why we're stuck with the

0:22:48.240 --> 0:22:51.240
<v Speaker 1>same old products. UM. So, I think, you know, people

0:22:51.280 --> 0:22:54.000
<v Speaker 1>are learning, and that's part of the effort of advocacy

0:22:54.119 --> 0:22:57.160
<v Speaker 1>for this legislation. People are learning what the root causes

0:22:57.320 --> 0:22:59.400
<v Speaker 1>and that it's a lack of competition. But I think

0:22:59.400 --> 0:23:01.760
<v Speaker 1>people are are familiar with the results of that lack

0:23:01.800 --> 0:23:04.280
<v Speaker 1>of competition because they see it every day in these

0:23:04.320 --> 0:23:06.840
<v Speaker 1>products that are no longer innovating in the way that

0:23:06.880 --> 0:23:10.560
<v Speaker 1>we really should see in this space, Adam, We've seen

0:23:10.560 --> 0:23:14.000
<v Speaker 1>big tech kind of stepping up its efforts to lobby

0:23:14.160 --> 0:23:17.400
<v Speaker 1>lawmakers as this bill inches closer. You've got Amazon News

0:23:17.480 --> 0:23:22.200
<v Speaker 1>today hiring a top Republican Congressional aid on its lobbying side.

0:23:22.240 --> 0:23:27.040
<v Speaker 1>You have Apple spending more on antitrust lobby lobbying than

0:23:27.080 --> 0:23:30.720
<v Speaker 1>ever so fartherest here in Tim Cooke himself personally going

0:23:30.760 --> 0:23:33.920
<v Speaker 1>to Washington. Just how scared is big tech of this

0:23:33.960 --> 0:23:38.000
<v Speaker 1>particular bill. Well, it's not something they love. And I

0:23:38.080 --> 0:23:40.600
<v Speaker 1>think again there's a pretty simple reason, which is that

0:23:41.119 --> 0:23:42.959
<v Speaker 1>if you look at the number of people in this

0:23:43.040 --> 0:23:47.440
<v Speaker 1>country who are happy and satisfied with their iPhone, with

0:23:47.480 --> 0:23:50.080
<v Speaker 1>their Google search results, with Amazon, we're talking about hundreds

0:23:50.119 --> 0:23:51.919
<v Speaker 1>of millions of people. And I do think there is

0:23:51.960 --> 0:23:55.160
<v Speaker 1>something about politics that sort of rewards, you know, kind

0:23:55.160 --> 0:23:58.399
<v Speaker 1>of the vocal activists few over the kind of the

0:23:58.480 --> 0:24:00.880
<v Speaker 1>happy many. And I think that's one of the dynamics

0:24:00.880 --> 0:24:02.840
<v Speaker 1>of this debate, that there's a lot of people who

0:24:02.840 --> 0:24:05.320
<v Speaker 1>are not paying attention to this debate at all. What

0:24:05.440 --> 0:24:07.960
<v Speaker 1>do I think would be pretty upset if they're those

0:24:07.960 --> 0:24:10.439
<v Speaker 1>products change? And so I think in some ways the

0:24:10.480 --> 0:24:12.359
<v Speaker 1>companies are kind of in this position, and it's not

0:24:12.520 --> 0:24:14.960
<v Speaker 1>it's awkward, but they're in this position. Of course they're

0:24:14.960 --> 0:24:17.520
<v Speaker 1>defending themselves, but they're also defending sort of they're happy

0:24:17.560 --> 0:24:20.199
<v Speaker 1>customers at the same time. What do you make of

0:24:20.200 --> 0:24:24.160
<v Speaker 1>that argument, Charlotte, that you know, supporters of big tech

0:24:24.280 --> 0:24:26.800
<v Speaker 1>or you know, regular people maybe actually wouldn't want these

0:24:26.840 --> 0:24:29.919
<v Speaker 1>things to be happening if they understood what is to

0:24:30.000 --> 0:24:33.560
<v Speaker 1>be fair a very complicated set of issues, right. I

0:24:33.600 --> 0:24:35.439
<v Speaker 1>don't think that's right. I think the reason that the

0:24:35.440 --> 0:24:38.120
<v Speaker 1>Czech companies don't like this legislation is that it's much

0:24:38.160 --> 0:24:41.720
<v Speaker 1>easier for them if they don't have to face fair competition. Um.

0:24:41.840 --> 0:24:44.040
<v Speaker 1>Right now, they can rest on their laurels and they

0:24:44.040 --> 0:24:48.160
<v Speaker 1>can use anti competitive tools to prova competition from getting

0:24:48.160 --> 0:24:50.280
<v Speaker 1>a fair shot against them, and that is a lot

0:24:50.320 --> 0:24:53.240
<v Speaker 1>easier for them. I understand that, but I think consumers

0:24:53.280 --> 0:24:55.920
<v Speaker 1>really would be better served by fair competition and by

0:24:55.960 --> 0:24:59.639
<v Speaker 1>making sure that those alternatives that are out there or

0:24:59.760 --> 0:25:03.040
<v Speaker 1>in cases you know, are unable to get funded, making

0:25:03.040 --> 0:25:05.720
<v Speaker 1>sure that those alternatives actually get a chance to thrive.

0:25:06.160 --> 0:25:09.159
<v Speaker 1>I think consumers will really benefit from those new innovations

0:25:09.200 --> 0:25:11.720
<v Speaker 1>that we would see if there was fair competition in

0:25:11.760 --> 0:25:14.760
<v Speaker 1>this space. On that note, I'm curious what you both

0:25:14.760 --> 0:25:18.320
<v Speaker 1>think of the FTC challenging Meta's attempts to buy this

0:25:18.480 --> 0:25:23.040
<v Speaker 1>VR company within unlimited Uh. It sounds like Lena Khan

0:25:23.160 --> 0:25:29.000
<v Speaker 1>moved forward with this challenge despite her staff recommending against it. Adam,

0:25:29.119 --> 0:25:32.120
<v Speaker 1>is this, you know, the FTC trying to prevent Facebook

0:25:32.160 --> 0:25:35.280
<v Speaker 1>slash Meta from resting on its laurels and not innovating

0:25:35.320 --> 0:25:39.400
<v Speaker 1>and trying to innovate by buying instead of building. Look,

0:25:39.440 --> 0:25:41.520
<v Speaker 1>I think the case is more rooted in politics than

0:25:41.560 --> 0:25:45.320
<v Speaker 1>the laws. You said. Her staff attorneys recommended against this case,

0:25:45.640 --> 0:25:47.800
<v Speaker 1>and this is coming on a week right where Meta

0:25:47.960 --> 0:25:51.040
<v Speaker 1>actually their revenue was down. Everythink everybody knows that they're

0:25:51.040 --> 0:25:55.159
<v Speaker 1>facing pretty existential competition from TikTok, right, and so I

0:25:55.160 --> 0:25:56.680
<v Speaker 1>think one of the things you see in this new

0:25:56.720 --> 0:25:59.400
<v Speaker 1>case is that the FTC had to draw a very

0:25:59.520 --> 0:26:03.080
<v Speaker 1>narrow market definition in order to make this argument that

0:26:03.400 --> 0:26:06.080
<v Speaker 1>the Meta was monopolizing. And they said that Meta was

0:26:06.080 --> 0:26:11.080
<v Speaker 1>monopolizing when they called the market for VR fitness apps right,

0:26:11.440 --> 0:26:14.280
<v Speaker 1>and they did something similar in their VR dedicated fitness apps.

0:26:14.280 --> 0:26:17.560
<v Speaker 1>They did something similar in their case against Meta over

0:26:17.600 --> 0:26:20.480
<v Speaker 1>the Instagram and WhatsApp uh deals, and the judge in

0:26:20.520 --> 0:26:22.439
<v Speaker 1>that case said that they had failed to prove the

0:26:22.480 --> 0:26:25.520
<v Speaker 1>market definition. I think in this case, I predict the

0:26:25.560 --> 0:26:28.000
<v Speaker 1>judge is going to say they drew the market too narrowly.

0:26:28.600 --> 0:26:30.639
<v Speaker 1>It's a little bit like saying that, like fruit Loops

0:26:30.640 --> 0:26:34.480
<v Speaker 1>has monopolized, you know, the market for rainbow colored fruity cereal. Well,

0:26:34.520 --> 0:26:36.800
<v Speaker 1>that's not its own market right to compete. Competes against

0:26:36.840 --> 0:26:39.920
<v Speaker 1>fruity pebbles and frosted flakes and lucky charms and bagels

0:26:39.960 --> 0:26:42.040
<v Speaker 1>and English muffins, and judges know that, right. And so

0:26:42.080 --> 0:26:45.119
<v Speaker 1>I think this case is is I think likely to

0:26:45.200 --> 0:26:50.120
<v Speaker 1>fall into a similar trap of defining a market too narrowly. Charlotte,

0:26:50.119 --> 0:26:53.760
<v Speaker 1>what do you think about this FTC challenge? It certainly

0:26:54.160 --> 0:26:57.280
<v Speaker 1>has a ring of of of of some skeptics who

0:26:57.280 --> 0:27:00.000
<v Speaker 1>think maybe the Instagram and what's app deals should never

0:27:00.040 --> 0:27:03.960
<v Speaker 1>have happened. So first, I really don't think we should

0:27:03.960 --> 0:27:09.320
<v Speaker 1>read too much into this idea that the staff were overruled. UM.

0:27:09.359 --> 0:27:11.840
<v Speaker 1>I worked at the FTC. I know that there are

0:27:12.240 --> 0:27:16.520
<v Speaker 1>usually many staff involved in an investigation like this. UM.

0:27:16.560 --> 0:27:20.120
<v Speaker 1>I think it's not at all clear from these unofficial leaks. Uh,

0:27:20.440 --> 0:27:22.920
<v Speaker 1>you know what the view of the staff was. And

0:27:23.040 --> 0:27:25.480
<v Speaker 1>there's a lot of staff with their name on this complaint,

0:27:25.600 --> 0:27:28.119
<v Speaker 1>so I think they stand behind it. UM. And I

0:27:28.160 --> 0:27:31.199
<v Speaker 1>think it's a strong argument. Uh. I'm so glad to

0:27:31.240 --> 0:27:36.080
<v Speaker 1>see that the FTC is UM not waiting to see UM,

0:27:36.080 --> 0:27:38.320
<v Speaker 1>you know, not letting this one go by as they

0:27:38.320 --> 0:27:42.119
<v Speaker 1>have so many times before. I imagine, uh, you know,

0:27:42.200 --> 0:27:45.240
<v Speaker 1>ten years from now, maybe we'll be so glad that

0:27:45.359 --> 0:27:48.560
<v Speaker 1>this was the merger where the FTC decided to step in.

0:27:49.320 --> 0:27:52.359
<v Speaker 1>It is a situation of uncertainty, and part of what

0:27:52.520 --> 0:27:56.040
<v Speaker 1>I think is really needed to improve antitrust enforcement today

0:27:56.200 --> 0:28:00.080
<v Speaker 1>is bringing those cases and situations of uncertainty, especially in

0:28:00.119 --> 0:28:03.719
<v Speaker 1>tech markets, were not always going to be completely sure UM.

0:28:03.800 --> 0:28:07.520
<v Speaker 1>But what economists have seen is that the prior strategy

0:28:07.880 --> 0:28:11.760
<v Speaker 1>of wave and see and UM not bringing a case

0:28:11.840 --> 0:28:16.000
<v Speaker 1>in situations of uncertainty really lead to so many more

0:28:16.040 --> 0:28:20.359
<v Speaker 1>mergers going through than should have, and the economic theory

0:28:20.560 --> 0:28:23.280
<v Speaker 1>that new competitors were going to come in and compete

0:28:23.280 --> 0:28:27.520
<v Speaker 1>away those monopoly rents just wasn't right. That's not what happened.

0:28:27.840 --> 0:28:31.040
<v Speaker 1>It turns out that the costs of inaction are much

0:28:31.119 --> 0:28:34.000
<v Speaker 1>higher than the costs of action. So I think they're

0:28:34.040 --> 0:28:36.480
<v Speaker 1>absolutely making the right decision here, and I was glad

0:28:36.520 --> 0:28:40.080
<v Speaker 1>to see it. Interesting now there are some potential big

0:28:40.120 --> 0:28:43.400
<v Speaker 1>concessions that big tech could make. We have seen some

0:28:43.440 --> 0:28:47.120
<v Speaker 1>concessions over the last several weeks potentially to divert the spotlight.

0:28:47.160 --> 0:28:50.520
<v Speaker 1>But one of those adam is Google potentially offering to

0:28:50.560 --> 0:28:54.880
<v Speaker 1>spin off its ad business to fend off anti trust scrutiny.

0:28:54.920 --> 0:28:58.480
<v Speaker 1>How likely is that. I don't know how likely that is.

0:28:58.480 --> 0:29:00.120
<v Speaker 1>I think one of the things that this is come

0:29:00.200 --> 0:29:03.000
<v Speaker 1>up is in this context of this d j uh

0:29:03.040 --> 0:29:06.440
<v Speaker 1>investigation supposedly of Google's ad tech business. One of the

0:29:06.440 --> 0:29:08.320
<v Speaker 1>things that's interesting to me about that is that the

0:29:08.360 --> 0:29:12.320
<v Speaker 1>Texas Attorney General already has a lawsuit that has pretty

0:29:12.360 --> 0:29:16.239
<v Speaker 1>advanced against Google over the same topic. Uh, And so

0:29:16.320 --> 0:29:18.960
<v Speaker 1>it's interesting to me to see that that that um,

0:29:19.000 --> 0:29:21.640
<v Speaker 1>that kind of happening in parallel I don't know what

0:29:21.760 --> 0:29:23.840
<v Speaker 1>to make in terms of kind of how that will unfold.

0:29:23.880 --> 0:29:26.240
<v Speaker 1>But um, but but we'll see if the d J

0:29:26.440 --> 0:29:30.120
<v Speaker 1>takes that step. Given that the Texas a G is prosecuting,

0:29:30.160 --> 0:29:32.280
<v Speaker 1>Sometimes to enforcers say well, you know that's an issue

0:29:32.280 --> 0:29:34.840
<v Speaker 1>that another enforcement agency has already tackling, so well, you know,

0:29:34.880 --> 0:29:37.560
<v Speaker 1>maybe maybe we focus on some other issue in our investigations.

0:29:38.280 --> 0:29:42.280
<v Speaker 1>All right, Well, much here to continue to discuss. But

0:29:42.360 --> 0:29:46.200
<v Speaker 1>thank you both for waning in Adam Kovakovitch of the

0:29:46.280 --> 0:29:49.600
<v Speaker 1>Chamber of Progress as well as Charlotte Sliman Public Knowledge.

0:29:49.920 --> 0:29:53.480
<v Speaker 1>Appreciate it. Okay, coming up the regulation that could becoming

0:29:53.520 --> 0:29:56.320
<v Speaker 1>to crypto making, Del Raheem, a partner at lath and

0:29:56.360 --> 0:29:59.880
<v Speaker 1>Watkins and a former d o J Assistant Attorney General,

0:30:00.440 --> 0:30:19.080
<v Speaker 1>is with us. Next this is Bloomberg. Instead of doing

0:30:19.080 --> 0:30:22.360
<v Speaker 1>this regulation by enforcement, we should be looking at the

0:30:22.440 --> 0:30:27.240
<v Speaker 1>legislative process. If you raise money from the public and

0:30:27.520 --> 0:30:32.280
<v Speaker 1>and that public is anticipating based on your efforts, uh,

0:30:32.600 --> 0:30:37.120
<v Speaker 1>some profit that comes into the securities laws. The laws

0:30:37.320 --> 0:30:41.200
<v Speaker 1>around determining what a security are is very complex. I

0:30:41.200 --> 0:30:43.160
<v Speaker 1>would stay with talking to industry groups, I was like,

0:30:43.360 --> 0:30:46.080
<v Speaker 1>we need to self regulate or the regulators are coming

0:30:46.960 --> 0:30:51.120
<v Speaker 1>and when you look back, there was very little self regulation.

0:30:51.400 --> 0:30:55.320
<v Speaker 1>We want to make sure that we have thoughtful regulatory

0:30:55.360 --> 0:31:01.840
<v Speaker 1>frameworks so that these industries can survive and thrive. Let's

0:31:01.880 --> 0:31:05.160
<v Speaker 1>take a view on another bursioning tech industry that is

0:31:05.200 --> 0:31:07.800
<v Speaker 1>primed for more regulation, and that is crypto. I want

0:31:07.800 --> 0:31:10.640
<v Speaker 1>to bring in Making Del Rahee now partner at Latham

0:31:10.680 --> 0:31:13.400
<v Speaker 1>and Watkins and former Assistant Attorney General for the Justice

0:31:13.440 --> 0:31:17.160
<v Speaker 1>Department's Antitrust Division under the Trump administration. He oversaw the

0:31:17.160 --> 0:31:19.880
<v Speaker 1>review and resolution of hundreds of mergers and acquisition and

0:31:19.880 --> 0:31:23.120
<v Speaker 1>played a vital role in building the Antitrust divisions engagement

0:31:23.160 --> 0:31:26.280
<v Speaker 1>with its international counterparts. Making. Thank you so much for

0:31:26.360 --> 0:31:29.000
<v Speaker 1>joining us. I've wanted to interview you for a long time,

0:31:29.040 --> 0:31:32.320
<v Speaker 1>and I'm so curious what you make of the debate

0:31:32.680 --> 0:31:35.320
<v Speaker 1>uh in the crypto universe right now about how to

0:31:35.360 --> 0:31:39.200
<v Speaker 1>balance innovation and regulation. Obviously, there's been a ton of

0:31:39.240 --> 0:31:42.280
<v Speaker 1>volatility in this space, there have been bankruptcies, but also

0:31:42.360 --> 0:31:46.480
<v Speaker 1>a ton of enthusiasm. What's the right balance? Well, thanks

0:31:46.760 --> 0:31:49.560
<v Speaker 1>first of all for having me on. It's it's interesting

0:31:49.600 --> 0:31:51.720
<v Speaker 1>there's this debate that you know, whenever you have a

0:31:51.720 --> 0:31:56.800
<v Speaker 1>foundational technology that could disrupt incumbent players. There's a big debate,

0:31:56.960 --> 0:32:00.640
<v Speaker 1>and the legislative process is that it's a very slow

0:32:00.760 --> 0:32:04.160
<v Speaker 1>process because you need a lot of education. You need

0:32:04.200 --> 0:32:08.640
<v Speaker 1>to educate the policy members, the policy makers, members of

0:32:08.720 --> 0:32:12.320
<v Speaker 1>Congress and others about exactly what it does and what

0:32:12.440 --> 0:32:15.440
<v Speaker 1>should they be afraid of to get in there. Of course,

0:32:15.840 --> 0:32:19.560
<v Speaker 1>I think the less regulation you have, especially at the

0:32:19.600 --> 0:32:24.200
<v Speaker 1>infancy of a new technology, the greater, uh the innovation

0:32:24.680 --> 0:32:27.080
<v Speaker 1>that is going to be surrounding that. Of course, if

0:32:27.120 --> 0:32:29.960
<v Speaker 1>there's abuses, that's when regulations should come in, but not

0:32:30.400 --> 0:32:34.560
<v Speaker 1>to come in early at the early stages of developing

0:32:34.600 --> 0:32:38.360
<v Speaker 1>a new foundational technology like blockchain. And so you've you've

0:32:38.360 --> 0:32:40.400
<v Speaker 1>seen a lot of changes in the marketplace. Of course,

0:32:40.440 --> 0:32:45.240
<v Speaker 1>it's largely related to cryptocurrencies rather than the broader space

0:32:45.320 --> 0:32:49.240
<v Speaker 1>of blockchain that has many applications. So President Bind's Crypto

0:32:49.240 --> 0:32:51.720
<v Speaker 1>Executive Order, for example, what's your view on that from

0:32:51.720 --> 0:32:55.480
<v Speaker 1>an antitrust perspective. Look, I think one of the very

0:32:55.560 --> 0:32:58.760
<v Speaker 1>positive things about the executive Order it brings the whole

0:32:58.800 --> 0:33:02.280
<v Speaker 1>of government. It it's the views of different folks looks

0:33:02.360 --> 0:33:05.840
<v Speaker 1>at competition area. The area that I'm very much concerned

0:33:05.880 --> 0:33:10.240
<v Speaker 1>about is making sure that you know, regulation UH is

0:33:10.280 --> 0:33:13.680
<v Speaker 1>not put in place where you have you know, static

0:33:13.760 --> 0:33:18.800
<v Speaker 1>regulation x anti UH that puts UH you know, that

0:33:18.840 --> 0:33:21.920
<v Speaker 1>puts shackles on the on the engineers and the business

0:33:21.960 --> 0:33:25.840
<v Speaker 1>models rather than letting get developed into its full potential.

0:33:26.080 --> 0:33:29.479
<v Speaker 1>And what I'm hoping is that different aspects of the government. So,

0:33:29.520 --> 0:33:32.320
<v Speaker 1>of course there's this very important role for the SEC

0:33:32.520 --> 0:33:35.520
<v Speaker 1>and the CFTC and and those types of agencies that

0:33:35.680 --> 0:33:39.480
<v Speaker 1>regulated from investment standpoint, but there's also an important role

0:33:39.520 --> 0:33:42.560
<v Speaker 1>for the Departments of Commerce and Department of Justice, particularly

0:33:42.760 --> 0:33:47.360
<v Speaker 1>the Antitrust Division, to ensure that the regulations will allow

0:33:47.480 --> 0:33:52.040
<v Speaker 1>maximum competition and provide the greatest incentives for further innovation.

0:33:52.440 --> 0:33:56.560
<v Speaker 1>This is the technology that I think has uh infinite

0:33:56.960 --> 0:34:01.200
<v Speaker 1>potential to really disrupt many areas and provide efficiencies that

0:34:01.280 --> 0:34:07.640
<v Speaker 1>ultimately benefit consumers, such as lowering transaction costs. Sure, now

0:34:07.680 --> 0:34:10.880
<v Speaker 1>we've seen firms like f t X take on a

0:34:10.960 --> 0:34:13.719
<v Speaker 1>lot more of the market, striking deals left and right.

0:34:13.880 --> 0:34:16.279
<v Speaker 1>Is that something that we should be worried about from

0:34:16.280 --> 0:34:19.600
<v Speaker 1>an anti trust perspective or are there other red flags

0:34:19.800 --> 0:34:24.319
<v Speaker 1>that you see? It's it's look, there's a market that's

0:34:24.360 --> 0:34:26.680
<v Speaker 1>just developing. So there's gonna be some winners, there's going

0:34:26.719 --> 0:34:29.719
<v Speaker 1>to be some losers, and it's going to develop. Uh.

0:34:29.719 --> 0:34:33.719
<v Speaker 1>You know, you're you're probably not fold enough like I

0:34:33.760 --> 0:34:37.400
<v Speaker 1>am to remember back in two thousand, right at the

0:34:37.400 --> 0:34:40.560
<v Speaker 1>height of the Internet bubble, where you had everything, you know,

0:34:41.000 --> 0:34:43.239
<v Speaker 1>you PLoP the name added dot com to it, and

0:34:43.280 --> 0:34:45.400
<v Speaker 1>all of a sudden, it's a billion dollar company. Not

0:34:45.480 --> 0:34:47.440
<v Speaker 1>all of them survived because they didn't have all the

0:34:47.560 --> 0:34:51.680
<v Speaker 1>essential elements. So I think the industry is going through

0:34:51.719 --> 0:34:55.279
<v Speaker 1>some changes. And some transactions are very good because it

0:34:55.320 --> 0:34:59.800
<v Speaker 1>allows for some technologies or some engineers and other talent

0:35:00.280 --> 0:35:04.799
<v Speaker 1>to be absorbed into something another entity that could be productive.

0:35:05.040 --> 0:35:07.799
<v Speaker 1>So I don't I think every transaction needs to be

0:35:07.920 --> 0:35:10.359
<v Speaker 1>looked at on its own specific facts and its own

0:35:10.400 --> 0:35:13.560
<v Speaker 1>specific merits. And that's what the antitrust laws do. They

0:35:13.560 --> 0:35:16.520
<v Speaker 1>don't look at it holistically about you know, a bunch

0:35:16.520 --> 0:35:20.200
<v Speaker 1>of acquisitions, Uh, whether they're bad or good. We look

0:35:20.239 --> 0:35:23.880
<v Speaker 1>at the effects of that transaction. What's your view on

0:35:23.960 --> 0:35:27.640
<v Speaker 1>the Klobuchar grass Lee bill designed to reign in big

0:35:27.680 --> 0:35:30.799
<v Speaker 1>tech is not the correct framework by which big tech

0:35:30.960 --> 0:35:36.600
<v Speaker 1>should be regulated. Look, I think it's it's a difficult

0:35:36.600 --> 0:35:39.640
<v Speaker 1>one because there's the there's existing law, and there's a

0:35:39.719 --> 0:35:43.200
<v Speaker 1>number of litigation that is that is ongoing, both in

0:35:43.239 --> 0:35:46.399
<v Speaker 1>the United States and abroad, and I won't comment on that,

0:35:46.480 --> 0:35:51.440
<v Speaker 1>but the legislative process whenever you are going to impact

0:35:53.040 --> 0:35:57.160
<v Speaker 1>ahead of time. Uh, this is really industrial policy. This

0:35:57.280 --> 0:36:00.960
<v Speaker 1>is not really anti trust laws that are being proposed.

0:36:01.280 --> 0:36:06.200
<v Speaker 1>You're making a policy judgment call about certain businesses. There's

0:36:06.239 --> 0:36:09.240
<v Speaker 1>gonna be some harms because you're gonna lose some efficiencies

0:36:09.640 --> 0:36:13.879
<v Speaker 1>when those business practices are precluded. Uh, And those are

0:36:13.960 --> 0:36:17.120
<v Speaker 1>judgment calls that policy makers are making. There's gonna be

0:36:17.160 --> 0:36:20.800
<v Speaker 1>some harm to consumers by some aspects of these bills.

0:36:21.160 --> 0:36:24.120
<v Speaker 1>And there's you know, for example, there's another legislation that

0:36:24.239 --> 0:36:28.239
<v Speaker 1>makes illegal every merger that's worth folk that's worth over

0:36:28.320 --> 0:36:31.000
<v Speaker 1>five billion dollars. That just doesn't make a whole lot

0:36:31.040 --> 0:36:33.680
<v Speaker 1>of sense to me. And some of these bills, they

0:36:33.719 --> 0:36:37.799
<v Speaker 1>really need to be refined. There needs to be um

0:36:38.160 --> 0:36:41.160
<v Speaker 1>a lot of debate about this. There isn't. I don't

0:36:41.160 --> 0:36:46.839
<v Speaker 1>think the requisite amount of proper debate and the implications

0:36:46.880 --> 0:36:51.320
<v Speaker 1>of all these bills has been had there in Congress yet. Okay,

0:36:51.440 --> 0:36:53.960
<v Speaker 1>then what's your view on the state of antitrust enforcement.

0:36:54.080 --> 0:37:00.120
<v Speaker 1>More broadly, under the Biden administration, Look, President Biden came it.

0:37:00.600 --> 0:37:03.200
<v Speaker 1>He issued an executive order from the White House to

0:37:03.280 --> 0:37:08.000
<v Speaker 1>the agencies and also to every regulated regulated industry agency.

0:37:08.080 --> 0:37:11.800
<v Speaker 1>Every executive branch has to look at it for competition purposes.

0:37:12.080 --> 0:37:15.960
<v Speaker 1>I think that's good. That is fine to look at, uh,

0:37:16.000 --> 0:37:20.040
<v Speaker 1>you know, the competitive effects and impacts of your regulatory actions.

0:37:20.320 --> 0:37:23.040
<v Speaker 1>What I don't like is that if particular industries are

0:37:23.080 --> 0:37:26.279
<v Speaker 1>just targeted. I don't think that's that should be the goal.

0:37:26.640 --> 0:37:30.239
<v Speaker 1>And I hope that the two antitrust agencies, the enforcement agencies,

0:37:30.400 --> 0:37:33.840
<v Speaker 1>the Federal Trade Commission and Department of Justice, look at

0:37:33.880 --> 0:37:39.359
<v Speaker 1>each case, each transaction, each company, and the effects of

0:37:39.400 --> 0:37:42.560
<v Speaker 1>the conduct that they have, rather than trying to target

0:37:42.640 --> 0:37:45.680
<v Speaker 1>you know, you pick your name, big tech, big health, big,

0:37:45.719 --> 0:37:49.880
<v Speaker 1>whatever it might be. Big in a capitalist system is

0:37:49.920 --> 0:37:53.799
<v Speaker 1>not bad big behaving badly as bad as I've in

0:37:53.840 --> 0:37:58.239
<v Speaker 1>a sophomoric way described once so quickly. What's your take

0:37:58.280 --> 0:38:01.200
<v Speaker 1>on on Lena con and in her latest approach, we've

0:38:01.280 --> 0:38:05.160
<v Speaker 1>learned about the FTC challenging metas attempt to acquire within

0:38:05.280 --> 0:38:08.919
<v Speaker 1>unlimited a VR company, and obviously she's you know, she's

0:38:08.920 --> 0:38:11.360
<v Speaker 1>certainly made it clear she wants to take on big,

0:38:11.400 --> 0:38:13.640
<v Speaker 1>big tech quickly. Do you think that she is going

0:38:13.680 --> 0:38:19.799
<v Speaker 1>to succeed? Well, look, I had an old mentor, Jack M. Lenny,

0:38:19.880 --> 0:38:22.480
<v Speaker 1>who was the head of the Motion Pictures of Association

0:38:22.520 --> 0:38:25.279
<v Speaker 1>and a colorful guy, and once he told me making

0:38:25.680 --> 0:38:27.600
<v Speaker 1>you can tell a man to go to hell getting

0:38:27.640 --> 0:38:30.919
<v Speaker 1>him there's a whole different story. My experience in law

0:38:31.000 --> 0:38:33.640
<v Speaker 1>enforcement is that you can say you know you're gonna

0:38:33.680 --> 0:38:36.920
<v Speaker 1>break up any company you want, or any industry you've

0:38:36.960 --> 0:38:40.239
<v Speaker 1>got to. You have to develop the facts, develop the law,

0:38:40.320 --> 0:38:42.799
<v Speaker 1>and go prove it in court. That's not always very

0:38:42.880 --> 0:38:46.359
<v Speaker 1>easy to do. I think they have taken on their looked,

0:38:46.480 --> 0:38:49.399
<v Speaker 1>taken a hard look at some cases. But I think,

0:38:49.400 --> 0:38:51.320
<v Speaker 1>as they have found in the past year and a half,

0:38:51.920 --> 0:38:56.319
<v Speaker 1>actually bringing specific cases and winning them in court, it's

0:38:56.400 --> 0:38:59.000
<v Speaker 1>not as easy as saying, so you know why, because

0:38:59.000 --> 0:39:01.680
<v Speaker 1>we're a country of law laws and there's precedent of

0:39:01.680 --> 0:39:06.000
<v Speaker 1>the antitrust laws out there. I commend them for pushing

0:39:06.000 --> 0:39:09.440
<v Speaker 1>the envelope within the boundaries of the ball, but I

0:39:09.480 --> 0:39:12.600
<v Speaker 1>think success is going to be a challenge unless the

0:39:12.640 --> 0:39:15.320
<v Speaker 1>facts and the laws are there. That is a metaphor

0:39:15.400 --> 0:39:18.440
<v Speaker 1>that I will remember. Thank you, Makon del Raheem, partner

0:39:18.440 --> 0:39:22.600
<v Speaker 1>at Lataman Watkins, former d o J assistant attorney in general.

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<v Speaker 1>Thank you for weighing in a Twitter shareholder hit Elon

0:39:34.760 --> 0:39:38.040
<v Speaker 1>Musque with a class action lawsuit, effectively joining Twitter's bid

0:39:38.080 --> 0:39:40.919
<v Speaker 1>to hold him to a forty four billion dollar deal.

0:39:41.200 --> 0:39:45.640
<v Speaker 1>Investor Luigi Crispo calling out Musk's quote lane rationales for

0:39:45.760 --> 0:39:49.960
<v Speaker 1>renegging on this contract, accusing the billionaire fabricating excuses to

0:39:49.960 --> 0:39:51.919
<v Speaker 1>get out of the buy up. He's seeking a court

0:39:52.080 --> 0:39:57.880
<v Speaker 1>order compelling Musk to consummate that deal. And that does it.

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<v Speaker 1>For this edition of Bloomberg techn Apology coming up tomorrow,

0:40:01.280 --> 0:40:03.640
<v Speaker 1>we're gonna be sitting down with Uber CEO Dara Kazra Shy.

0:40:03.719 --> 0:40:06.399
<v Speaker 1>We're gonna talk about earnings and his plans to turn

0:40:06.520 --> 0:40:09.879
<v Speaker 1>Uber into a super app. Is it working? And don't

0:40:09.920 --> 0:40:13.400
<v Speaker 1>forget to check out our podcast wherever you get your podcasts.

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<v Speaker 1>I'm Emily Changing in San Francisco. This is Plumberg