WEBVTT - China Tariffs Are Mild, Investors Should Be Relieved: Miller

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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>or the trading floor. Find the Bloomberg p m L

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<v Speaker 1>Podcast on Apple Podcasts, SoundCloud, and Bloomberg dot Com. Is

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<v Speaker 1>fifty billion dollars in tariffs on China to penalize them

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<v Speaker 1>for their intellectual property infringements. Too much or perhaps not enough.

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<v Speaker 1>Here to talk about that is Leland Miller, chief executive

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<v Speaker 1>officer of China Beige Book. He made it into our

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<v Speaker 1>eleven three oh studios despite the fact that we still

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<v Speaker 1>see a smattering of snow. So Leland, thank you so

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<v Speaker 1>much for being here. What was your take on the expectation.

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<v Speaker 1>We haven't gotten confirmation from President himself on the fifty

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<v Speaker 1>billion dollar figure, but what was your reaction to that number. Well,

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<v Speaker 1>it may surprise a lot of people, but I think

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<v Speaker 1>this is actually the baby option. So fifty billion certainly

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<v Speaker 1>sounds like a big number, but if you look at

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<v Speaker 1>what the stakes are in this, the types of numbers

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<v Speaker 1>the President has been throwing around. You have a hundred

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<v Speaker 1>billion dollar trade surplus that he said he was going

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<v Speaker 1>to reverse from the Chinese. We now have a potential

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<v Speaker 1>announcement of fifty billion in products getting tariffs on them

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<v Speaker 1>tariff The numbers aren't that big, So I think the

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<v Speaker 1>way that this is going to be looked at is

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<v Speaker 1>the smaller option that he could have gone. He still

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<v Speaker 1>may go bigger, but I think if you're Beijing, you're

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<v Speaker 1>looking at this and saying this is this is very

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<v Speaker 1>far from a worst case scenario. So does that mean

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<v Speaker 1>that they are going to lessen their threats of retaliation

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<v Speaker 1>or that it mitigates some of that threat or does

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<v Speaker 1>this just say well, they've got the upper hand because

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<v Speaker 1>they're dealing with someone who isn't sure how to how

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<v Speaker 1>to go about this. Well, the Trump White House believes

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<v Speaker 1>that they have all the leverage in this. At the

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<v Speaker 1>same time, there's apparently going to be a long comments

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<v Speaker 1>period where businesses can can can can talk about, you know,

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<v Speaker 1>alterations to this regime, where the Chinese can certainly come

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<v Speaker 1>and have talks. But I think that the most important

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<v Speaker 1>thing is that the president wanted to get a number

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<v Speaker 1>out there. Uh, he wanted to start this, and then

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<v Speaker 1>tariffs are only half of this. Tariffs are other ones

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<v Speaker 1>are gonna play the larger political be part of the

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<v Speaker 1>larger political conversation. But there are investment restrictions, there are

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<v Speaker 1>other things that are being talked about which will have

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<v Speaker 1>much farther, longer term UH repercussions in the relationship and

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<v Speaker 1>all of this. So it's very hard to evaluate what

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<v Speaker 1>this is gonna look like in the end. But from

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<v Speaker 1>the tariff number alone, this is actually on the smaller side,

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<v Speaker 1>I would say Leland. Looking at the China Daily and

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<v Speaker 1>the newspapers in in China, the UM spokesperson for China's

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<v Speaker 1>Ministry of Foreign Affairs says, quote, we want no trade

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<v Speaker 1>war with any one, but if our hands are forced,

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<v Speaker 1>we will not quail nor recoil from it. Therefore, if

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<v Speaker 1>the day did come when the U S took measures

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<v Speaker 1>to hurt our interests, we will definitely take firm and

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<v Speaker 1>necessary countermeasures to safeguard our legitimate interests. Now, are there

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<v Speaker 1>legitimate interests there? We're talking about commercial interests because this

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<v Speaker 1>is from the Farm Affairs Ministry. And at the same time,

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<v Speaker 1>when you look at what is popular at least into

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<v Speaker 1>carding the media in China. It is not necessarily US

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<v Speaker 1>China relations. It is China relations with other countries in

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<v Speaker 1>Asia and specifically with what is going on in Taiwan.

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<v Speaker 1>Right well, I mean right now the Chinese. This this

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<v Speaker 1>comment period is going to give the Chinese a wonderful

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<v Speaker 1>opportunity to be able to threaten repercussions on the economic side.

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<v Speaker 1>They'll threaten subtly some security issues, whether you're talking about

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<v Speaker 1>Taiwan is suddenly in the news, South China see may

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<v Speaker 1>become come back in the news before not too long. Uh,

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<v Speaker 1>but to threaten, Look, this can be bad for you too.

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<v Speaker 1>And I think that again, you know the Trump White

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<v Speaker 1>House things, they have all the leverage in this and

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<v Speaker 1>in a long term battle, China would be heard the

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<v Speaker 1>worst in the United States. But in the short term,

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<v Speaker 1>what China simply does is subsidizes industries, keep them afloat.

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<v Speaker 1>They'll feel less pain than than the U. S industry,

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<v Speaker 1>so they can play this game too. And I think

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<v Speaker 1>the major threat is the president announced is something the

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<v Speaker 1>Chinese announced the possibility of light retaliation, And then the

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<v Speaker 1>question is is whether the President gets angry at that

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<v Speaker 1>idea or whether he says Okay, well, this is exactly

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<v Speaker 1>what I wanted to do. I wanted to bring him

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<v Speaker 1>to the table. Let's talk. Yeah, well, I wanted just

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<v Speaker 1>to get your perspective about just other Republicans in Congress

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<v Speaker 1>and policy advisors in Washington, d C. I know you

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<v Speaker 1>talk with a lot of people in d C. What's

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<v Speaker 1>their response to this whole trade tension, but specifically with China,

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<v Speaker 1>and how are they worried about House will play into

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<v Speaker 1>mid terms. So Section three oh one is which which

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<v Speaker 1>it's what we're talking about today, is the the anti

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<v Speaker 1>China tariffs for unfair trade practices. Uh, that has widespread support.

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<v Speaker 1>It actually has a lot of bipartisan support. UM. Very

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<v Speaker 1>different from the steel and aluminum tariffs that we saw

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<v Speaker 1>a number of weeks ago. Those were uh not supported,

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<v Speaker 1>uh even within the White House, certainly amongst Republicans, certainly

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<v Speaker 1>in Congress. Uh, they were not supported because they thought

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<v Speaker 1>that it was a bad idea. They were not supported

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<v Speaker 1>because two thirty two is a blunt mechanism which could

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<v Speaker 1>cause a lot of problems if it goes into effect,

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<v Speaker 1>which it looks like it's not going to. So there

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<v Speaker 1>was two thirty two, the aluminium tariffs steel tariffs. We

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<v Speaker 1>were opposed that China tariffs. There's a lot of support

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<v Speaker 1>in that. I think that there's a bipartisant understanding now

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<v Speaker 1>that China has to feel pain or they will not move.

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<v Speaker 1>I think that the fear is that the President will

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<v Speaker 1>do something too aggressive or too loud, and he will

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<v Speaker 1>go too far in this and not accomplis is what

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<v Speaker 1>he what what people hope he will. But the idea

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<v Speaker 1>that they needed that China needs to be pushed actually

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<v Speaker 1>has broad support in d C. Just quickly, Leland, if

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<v Speaker 1>you were an investor making an investment in China, I

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<v Speaker 1>don't mean a stock investment, but I mean actually a

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<v Speaker 1>physical investment, would you do it now? I wouldn't hesitate

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<v Speaker 1>to do it right now if this is where it stops.

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<v Speaker 1>So if you, if you, if you, if this is

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<v Speaker 1>the president's broad blow against China, then this is actually

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<v Speaker 1>pretty mild, and I think the investors should probably be

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<v Speaker 1>pretty relieved. It could escalate though, we'll see. Thanks very much.

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<v Speaker 1>Leland Miller is the chief executive of China beij book

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<v Speaker 1>giving us his thoughts on tariffs and trade wars and

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<v Speaker 1>China and the President said to announce fifty billion dollars

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<v Speaker 1>worth of tariffs against a China over intellectual property violations.

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<v Speaker 1>Facebook shares are deepening their losses today, down nearly two

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<v Speaker 1>point five percent right now following ball games yesterday, but

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<v Speaker 1>the biggest two day loss UH in a very long time,

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<v Speaker 1>equal to a decline in market value equal to the

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<v Speaker 1>market capitalization of Tesla joining us now. David Garretty, chief

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<v Speaker 1>executive officer of g v A Research, we had some

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<v Speaker 1>words from Mark Zuckerberg. Clearly the markets have said it's

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<v Speaker 1>not enough. How do you interpret the market action and

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<v Speaker 1>the failure of Mark Zuckerberg to stave off some of

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<v Speaker 1>the declines a negative sentiment. Well, in early crises at Facebook,

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<v Speaker 1>you know, Zuckerberg has taken this same approach in terms

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<v Speaker 1>of having a blog post, having a very sincere sort

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<v Speaker 1>of video interval interview in a in a T shirt,

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<v Speaker 1>maybe a hoodie, depending how formally occasion might be. But nevertheless,

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<v Speaker 1>what's been put forward by Zuckerberg here is really just

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<v Speaker 1>a matter of saying, oh, we'll make a few fixes

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<v Speaker 1>and we'll promise to do better going forward. Uh. Certainly

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<v Speaker 1>you know the market isn't buying it. We also know

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<v Speaker 1>from what's been seeing relative to regulators and legislators, not

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<v Speaker 1>just here in the United States, but also overseas in Europe.

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<v Speaker 1>It's not proving to be satisfactory. People want to see

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<v Speaker 1>Mike Zuckerberg Mark Zuckerberg in person, front and center in

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<v Speaker 1>terms of doing congressional testimony or also impearing before either

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<v Speaker 1>Parliament in the UK or perhaps even the European Parliament.

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<v Speaker 1>And the one thing that we need to bear in

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<v Speaker 1>mind here is the fact that it's not just the

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<v Speaker 1>fact that regulators and legislators have these concerns. There's actually

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<v Speaker 1>a significant consent decree out there since two thousand eleven

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<v Speaker 1>that Facebook operates under which can have significant financial implications

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<v Speaker 1>for the company. Give people the details. How about this

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<v Speaker 1>consent to cree. They may not have that long of

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<v Speaker 1>a memory. Yeah, In two thousand eleven, ages ago before

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<v Speaker 1>the last presidential election to presidential elections, the Federal Trade Commission,

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<v Speaker 1>the FDC, and Facebook entered into an agreement at consent

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<v Speaker 1>decree in why Facebook said that if they were to

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<v Speaker 1>expose any users personal information for a day, that they

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<v Speaker 1>would pay a fine of up to forty thou dollars.

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<v Speaker 1>But now that we have an instance here going back

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<v Speaker 1>to two thousand and fourteen, where there were fifty million

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<v Speaker 1>users personal data that was exposed without their consent. Uh,

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<v Speaker 1>if that fine were applied to forty dollars a day

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<v Speaker 1>per user, the math works out to two trillion dollars

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<v Speaker 1>a day. And we're working here with Facebook that you know,

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<v Speaker 1>had a market cap that was roughly of that at

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<v Speaker 1>the time. Hold on a second, So could this fine

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<v Speaker 1>I mean, obviously it won't be implemented with two trillion dollars,

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<v Speaker 1>but could Facebook still face some significant fines? And who

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<v Speaker 1>would be the person to make that decision? Well, certainly

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<v Speaker 1>from the standpoint of the Federal Trade Commission. The FTC

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<v Speaker 1>has already expressed that they take very seriously any violation

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<v Speaker 1>of their consent decrees. So one might say that the

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<v Speaker 1>idea the decision for enforcement of this consent decree rests

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<v Speaker 1>very much with the Federal Trade Commission and what determination

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<v Speaker 1>they make in terms of violation having taken place. Obviously,

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<v Speaker 1>there will be I'm sure scores of lobbyists being deployed

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<v Speaker 1>by Facebook, but this is just one thing that's already

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<v Speaker 1>on the books that could be used against Facebook, not

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<v Speaker 1>to consider what other prospective measures might be applied. By

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<v Speaker 1>the UK or the EU or other countries, but has

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<v Speaker 1>it been applied already? This decree be the first time

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<v Speaker 1>the decree has been applied, but we haven't seen Facebook

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<v Speaker 1>paying any fines for it as of yet. In response

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<v Speaker 1>to the news that broke over the weekend through the

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<v Speaker 1>New York Times and The Observer, Okay, well, um, if

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<v Speaker 1>you go back to the November two eleven consent decree

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<v Speaker 1>that you're describing, and I'll put it out on a Twitter.

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<v Speaker 1>One of the complaints that is listed by the Federal

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<v Speaker 1>Trade Commission has to do with third party apps, which

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<v Speaker 1>is what we're talking about in terms of limiting the

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<v Speaker 1>ability of not on Facebook companies to access personal information.

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<v Speaker 1>And it says Facebook representative represented that the third party

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<v Speaker 1>apps that users installed would have access only to user

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<v Speaker 1>information that they needed to operate. In fact, the apps

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<v Speaker 1>could actually access nearly all of users personal data, data

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<v Speaker 1>the apps didn't need. In addition, Facebook had a quote

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<v Speaker 1>Verified Apps program and claimed it certified the security of

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<v Speaker 1>participating apps. It didn't. If this goes back to two

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<v Speaker 1>thousand and eleven, what has Facebook been doing for the

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<v Speaker 1>last seven years? Facebook essentially has been promising to do

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<v Speaker 1>better going forward. You know, overlook our sins um. You know,

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<v Speaker 1>we're good guys, um, stay with us. And people have

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<v Speaker 1>accepted that. And the question is, you know, Facebook, having

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<v Speaker 1>gotten to a scale where you've got over two billion users,

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<v Speaker 1>you know there's the ability here to move society, to

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<v Speaker 1>change nation. This obviously is something that cannot persist going forward.

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<v Speaker 1>The question really for the moment is are the regulators

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<v Speaker 1>going to enforce existing decrees on the books? And is

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<v Speaker 1>Facebook management really cognizant of that? Well, I'm glad you

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<v Speaker 1>mentioned management, and yes, that's a question for them to

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<v Speaker 1>uh answer, perhaps before Congress. But I'm wondering if investors

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<v Speaker 1>can put this question to the members of the board

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<v Speaker 1>of Facebook because they signed the proxy statement and if

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<v Speaker 1>there is a material loss, can't this open up the

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<v Speaker 1>company to lawsuits? I mean Erskine Balls has been on

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<v Speaker 1>the board for over six years. Read Hastings has been

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<v Speaker 1>on the board for more than six years, so has

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<v Speaker 1>Mark Entries, and Peter Thiel and Cheryl Sandberg has been

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<v Speaker 1>on the board for nearly six years now. Certainly the

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<v Speaker 1>board has to be concerned here with respect of their

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<v Speaker 1>fiduciary duty and the fact that where the liabilities have

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<v Speaker 1>not been adequately reported in terms of the company's financial statements.

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<v Speaker 1>I mean, these are significant concerns, and yes, the board

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<v Speaker 1>has come out and made a statement on their own,

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<v Speaker 1>but they next haven't owned up to the extent that

0:13:09.280 --> 0:13:11.960
<v Speaker 1>this is as big a problem that it could be.

0:13:12.000 --> 0:13:14.520
<v Speaker 1>I mean, this is an eight pound guerrilla or this

0:13:14.600 --> 0:13:16.800
<v Speaker 1>is the elephant in the room, if you will, that

0:13:16.840 --> 0:13:19.400
<v Speaker 1>no one really is paying much attention to as of yet.

0:13:19.559 --> 0:13:22.719
<v Speaker 1>And even though the board from the standpoint of governance

0:13:23.160 --> 0:13:25.960
<v Speaker 1>doesn't have majority control over the company that stays with

0:13:26.000 --> 0:13:29.640
<v Speaker 1>Mark Zuckerberg given the capital structure and the nature of

0:13:29.679 --> 0:13:33.920
<v Speaker 1>Facebook's classes of stock, uh, the board still has the

0:13:34.000 --> 0:13:38.120
<v Speaker 1>legal liability from a fiduciary standpoint. And yes, investors have

0:13:38.400 --> 0:13:42.320
<v Speaker 1>redress in this regard. So you know, we've already had

0:13:42.480 --> 0:13:46.160
<v Speaker 1>some class action suits have been filed against Facebook. But

0:13:46.360 --> 0:13:50.200
<v Speaker 1>clearly this opens the floodgates real quick in thirty seconds.

0:13:50.320 --> 0:13:54.040
<v Speaker 1>If this order is enforced by the FTC. What does

0:13:54.080 --> 0:13:56.920
<v Speaker 1>that mean for other companies, including Google, which shares down

0:13:57.240 --> 0:13:59.640
<v Speaker 1>more than three percent today. Well, I think with respect

0:13:59.679 --> 0:14:03.120
<v Speaker 1>too well, they weren't necessarily party to the consent decree,

0:14:03.320 --> 0:14:05.880
<v Speaker 1>but it's certainly will have to look more at the

0:14:06.000 --> 0:14:09.480
<v Speaker 1>environment and look at other countries the UK, the EU,

0:14:09.559 --> 0:14:12.040
<v Speaker 1>and to see whether there are other finds that are

0:14:12.080 --> 0:14:15.440
<v Speaker 1>potentially going to be levied. What are the changes that

0:14:15.480 --> 0:14:17.160
<v Speaker 1>are going to be made in terms of trying to

0:14:17.160 --> 0:14:21.880
<v Speaker 1>provide uh greater protection around personal information? You know, one

0:14:21.920 --> 0:14:24.360
<v Speaker 1>has to also stand back and say, you know, do

0:14:24.440 --> 0:14:27.960
<v Speaker 1>we have an Internet as it is currently structured and

0:14:28.040 --> 0:14:32.240
<v Speaker 1>operates that's really capable of being reformed, or do we

0:14:32.320 --> 0:14:35.880
<v Speaker 1>potentially have to start looking at other forms of how

0:14:35.920 --> 0:14:39.440
<v Speaker 1>else can we construct the Internet to put privacy first?

0:14:39.920 --> 0:14:43.200
<v Speaker 1>Because in the past it's really been more redundancy and openness.

0:14:43.440 --> 0:14:45.760
<v Speaker 1>We know that this is clearly something that has failed

0:14:45.960 --> 0:14:48.720
<v Speaker 1>in this area. So we have to find and make

0:14:48.760 --> 0:14:51.240
<v Speaker 1>a decision in a very large way how our society

0:14:51.320 --> 0:14:53.920
<v Speaker 1>is going to operate. Thanks very much, David Garty. He

0:14:54.040 --> 0:15:13.520
<v Speaker 1>is the chief executive of g v A Research. Now

0:15:13.560 --> 0:15:17.000
<v Speaker 1>let's turn our attention to Time Warner and A T

0:15:17.240 --> 0:15:20.600
<v Speaker 1>and T. Tara la Chapelle, our Deal's columnist for Bloomberg

0:15:20.680 --> 0:15:23.560
<v Speaker 1>gad Fly, joins us now in studio. You can follow

0:15:23.680 --> 0:15:27.960
<v Speaker 1>Tara on Twitter at Tara l A c H. All Right,

0:15:28.120 --> 0:15:31.840
<v Speaker 1>Tara l A c H, what are the attorneys for

0:15:32.040 --> 0:15:36.200
<v Speaker 1>Time Warner and a T and T saying today in Washington,

0:15:36.400 --> 0:15:39.600
<v Speaker 1>d C. Right, So today are the opening arguments. This

0:15:39.640 --> 0:15:41.560
<v Speaker 1>trial means a lot for the future of media, not

0:15:41.680 --> 0:15:44.320
<v Speaker 1>just this deal. But it's interesting because the d o

0:15:44.400 --> 0:15:46.960
<v Speaker 1>J attorneys that are trying to have this merger blocked

0:15:46.960 --> 0:15:50.360
<v Speaker 1>are basically asking the judge here to predict the future,

0:15:50.800 --> 0:15:52.600
<v Speaker 1>which is of course very hard to do and not

0:15:52.760 --> 0:15:55.720
<v Speaker 1>something that the law normally does. We're very backward looking

0:15:55.720 --> 0:15:58.320
<v Speaker 1>with these cases. So when you look back in history,

0:15:58.440 --> 0:16:03.480
<v Speaker 1>obviously Comcast NBS went through with concessions, and I think

0:16:03.560 --> 0:16:05.720
<v Speaker 1>that's why this A T and T Time Warner deal

0:16:05.760 --> 0:16:08.720
<v Speaker 1>stands a really good shot in court. Um, most people

0:16:08.760 --> 0:16:10.920
<v Speaker 1>seem to believe that the lawyers on the d o

0:16:11.000 --> 0:16:12.640
<v Speaker 1>J side have a lot of work to do, as

0:16:12.640 --> 0:16:15.560
<v Speaker 1>opposed to necessarily the companies, and I think that's a

0:16:15.560 --> 0:16:17.440
<v Speaker 1>big reason why it doesn't mean that the deal should

0:16:17.480 --> 0:16:19.320
<v Speaker 1>go through. It's just that there's not a whole lot

0:16:19.320 --> 0:16:22.160
<v Speaker 1>of precedent for blocking a vertical merger like this. So

0:16:22.200 --> 0:16:25.320
<v Speaker 1>what's the government arguing. The government is arguing that this

0:16:25.440 --> 0:16:29.840
<v Speaker 1>merger will raise prices for consumers by reducing competition, basically

0:16:29.840 --> 0:16:33.640
<v Speaker 1>because a T and T could in theory, keep Time

0:16:33.640 --> 0:16:36.120
<v Speaker 1>owners content for themselves for their own products, which they

0:16:36.120 --> 0:16:38.000
<v Speaker 1>say they're not going to a T and T. So

0:16:38.160 --> 0:16:41.120
<v Speaker 1>that that's preposterous, but it's really not. I mean, what's

0:16:41.120 --> 0:16:42.920
<v Speaker 1>the point of doing a merger like this except to

0:16:42.960 --> 0:16:45.880
<v Speaker 1>have more control over the content that is very popular

0:16:45.920 --> 0:16:48.640
<v Speaker 1>that people love to watch, like HBO, T N T,

0:16:48.640 --> 0:16:52.120
<v Speaker 1>TB S, Warner Brothers movies. Um, So it's a very

0:16:52.480 --> 0:16:55.200
<v Speaker 1>it's a justified concern. Um. But A T n T

0:16:55.360 --> 0:16:57.640
<v Speaker 1>is saying, look, we we just want to be able

0:16:57.680 --> 0:16:59.720
<v Speaker 1>to bundle more of these things with our services, make

0:16:59.760 --> 0:17:02.400
<v Speaker 1>better packages for our customers. We're not going to keep

0:17:02.440 --> 0:17:04.119
<v Speaker 1>this content out of the hands of our rivals. What

0:17:04.119 --> 0:17:07.360
<v Speaker 1>would be the point we generate fees from them airing this.

0:17:07.720 --> 0:17:10.320
<v Speaker 1>So A T N T and Time Warner, in addition

0:17:10.359 --> 0:17:13.800
<v Speaker 1>to the chief executives testifying their lawyers, how much do

0:17:13.840 --> 0:17:18.800
<v Speaker 1>you expect an argument that this is completely politically motivated

0:17:19.040 --> 0:17:21.960
<v Speaker 1>and sort of draw in some of the tweets and

0:17:21.960 --> 0:17:25.320
<v Speaker 1>comments that President Trump has made about this deal. I mean,

0:17:25.400 --> 0:17:28.320
<v Speaker 1>it seems like that would be that's an interesting route

0:17:28.320 --> 0:17:29.600
<v Speaker 1>for A T and T to play. I don't know

0:17:29.640 --> 0:17:31.320
<v Speaker 1>if that's going to work in court, because I think

0:17:31.320 --> 0:17:34.400
<v Speaker 1>what this is about is how is the landscape going

0:17:34.440 --> 0:17:36.920
<v Speaker 1>to look in the next few years and the next decade.

0:17:37.160 --> 0:17:39.639
<v Speaker 1>Who's going to be controlling what content? What are the

0:17:40.080 --> 0:17:42.800
<v Speaker 1>distribution channels going to look like? Online video? Not just

0:17:42.920 --> 0:17:45.560
<v Speaker 1>regular cable TV that you know we have. Now there's

0:17:45.560 --> 0:17:48.840
<v Speaker 1>going to be all these different ways of watching video

0:17:49.040 --> 0:17:51.320
<v Speaker 1>on your mobile phone, on your computer, I mean, all

0:17:51.359 --> 0:17:53.960
<v Speaker 1>these different things that we probably can't even dream about yet.

0:17:54.160 --> 0:17:56.199
<v Speaker 1>So I think they're more focused on that, and I

0:17:56.200 --> 0:17:59.080
<v Speaker 1>think it's a distraction to say that, you know, somehow

0:17:59.119 --> 0:18:01.520
<v Speaker 1>there's this Trump angle. I'm sure that Trump would love

0:18:01.560 --> 0:18:03.399
<v Speaker 1>to see this deal blocked and kind of stick it

0:18:03.440 --> 0:18:05.480
<v Speaker 1>to the CNN folks, But at the end of the day,

0:18:05.480 --> 0:18:07.800
<v Speaker 1>I don't think that's what these attorneys are I don't

0:18:07.800 --> 0:18:11.199
<v Speaker 1>think this is their angle. You you mentioned that, you know,

0:18:11.240 --> 0:18:13.800
<v Speaker 1>this is about something that's forward looking versus something that

0:18:13.920 --> 0:18:17.160
<v Speaker 1>is backwards looking. But if the government were to block this,

0:18:17.280 --> 0:18:20.800
<v Speaker 1>would they then have any basis to go after Comcast

0:18:20.880 --> 0:18:24.480
<v Speaker 1>and NBC and a variety of other deals in which

0:18:24.520 --> 0:18:28.400
<v Speaker 1>the distributor owns the actual content. I don't know how

0:18:28.440 --> 0:18:30.480
<v Speaker 1>motivated they are to do that, but I think it

0:18:30.560 --> 0:18:32.800
<v Speaker 1>is important to look at which companies are as a

0:18:32.840 --> 0:18:34.800
<v Speaker 1>result of A T and D Time Warner agreeing to

0:18:34.840 --> 0:18:38.280
<v Speaker 1>their merger seventeen months ago, have already started kind of

0:18:38.400 --> 0:18:40.679
<v Speaker 1>moving the ball forward on what deals they could do

0:18:40.720 --> 0:18:42.480
<v Speaker 1>as a follow up to this. Everyone's watching this deal

0:18:42.560 --> 0:18:45.399
<v Speaker 1>very closely, and I think what the judge knows is

0:18:45.440 --> 0:18:47.840
<v Speaker 1>that while he doesn't want to predict the future, and

0:18:47.840 --> 0:18:49.480
<v Speaker 1>he said that he's going to need a crystal ball

0:18:49.520 --> 0:18:51.919
<v Speaker 1>for this case, which is an ideal, he knows that

0:18:51.960 --> 0:18:54.399
<v Speaker 1>if this deal goes through a lot of other transactions,

0:18:54.440 --> 0:18:56.600
<v Speaker 1>you're going to come out of the woodwork. So I

0:18:56.600 --> 0:18:59.040
<v Speaker 1>think that's important to consider in this That's what I

0:18:59.080 --> 0:19:01.440
<v Speaker 1>was going to ask, you know, what are the implications

0:19:02.000 --> 0:19:05.600
<v Speaker 1>both legally and practically. And you're saying that if h

0:19:05.920 --> 0:19:09.080
<v Speaker 1>if Time Warner and A T and T win, it

0:19:09.119 --> 0:19:12.439
<v Speaker 1>will unleash an even bigger wave of M and A.

0:19:13.000 --> 0:19:15.920
<v Speaker 1>Is there a particular deal that you're looking at that

0:19:16.560 --> 0:19:19.280
<v Speaker 1>hinges most directly on the outcome of this case. I

0:19:19.320 --> 0:19:21.479
<v Speaker 1>don't think there's one that's announced yet that does. I mean,

0:19:21.520 --> 0:19:24.480
<v Speaker 1>obviously Disney, Fox, Comcast getting into the ring for that

0:19:24.920 --> 0:19:26.560
<v Speaker 1>UM has something to do with it. I mean it

0:19:26.600 --> 0:19:29.600
<v Speaker 1>comes down to this question about power over content, but

0:19:29.680 --> 0:19:31.879
<v Speaker 1>I think there's gonna be other machinations. I mean, think

0:19:31.880 --> 0:19:34.119
<v Speaker 1>about what a Verizon could do, What could some of

0:19:34.119 --> 0:19:36.360
<v Speaker 1>the tech companies do if this is allowed. I mean

0:19:36.400 --> 0:19:38.520
<v Speaker 1>there's a lot of different players that could get into

0:19:38.560 --> 0:19:41.879
<v Speaker 1>this because they see that content is so important, and

0:19:42.200 --> 0:19:44.679
<v Speaker 1>the content companies don't have enough scale in this day

0:19:44.720 --> 0:19:47.360
<v Speaker 1>and age. So I think they're seeing these vertical mergers

0:19:47.400 --> 0:19:49.400
<v Speaker 1>could be really good for them, but not so good

0:19:49.440 --> 0:19:51.720
<v Speaker 1>for consumers. At the end of the day, we mentioned

0:19:51.720 --> 0:19:53.760
<v Speaker 1>that not being good for consumers is that because we

0:19:53.760 --> 0:19:57.080
<v Speaker 1>would see the price of monthly subscription rates increase. I

0:19:57.119 --> 0:19:59.320
<v Speaker 1>think that could be a result down the road. So

0:19:59.359 --> 0:20:01.119
<v Speaker 1>what a T and T you saying is that what

0:20:01.200 --> 0:20:03.000
<v Speaker 1>would be the point right there? Their whole thing is

0:20:03.000 --> 0:20:05.680
<v Speaker 1>they want to lower prices, have these more attractive bundles.

0:20:05.720 --> 0:20:09.480
<v Speaker 1>But by controlling more content, you have more negotiating power

0:20:09.560 --> 0:20:12.920
<v Speaker 1>with your distributors, which then means there's less choice for consumers,

0:20:12.960 --> 0:20:15.280
<v Speaker 1>which then means you can raise your prices for your

0:20:15.320 --> 0:20:17.679
<v Speaker 1>own consumers. And it comes back to this idea of

0:20:17.720 --> 0:20:20.919
<v Speaker 1>media tribalism, which is something some media reports have been

0:20:20.960 --> 0:20:23.480
<v Speaker 1>saying lately where you know, look at Disney pulling their

0:20:23.480 --> 0:20:26.000
<v Speaker 1>content off of Netflix putting it on their own apps.

0:20:26.400 --> 0:20:28.720
<v Speaker 1>These companies are becoming more and more insular, which is

0:20:28.760 --> 0:20:30.920
<v Speaker 1>against the tide of what consumers want. And I think

0:20:30.920 --> 0:20:33.480
<v Speaker 1>it's very dangerous if we give them that ability. Tara

0:20:33.560 --> 0:20:36.520
<v Speaker 1>la Chapelle, thank you so much. A really insightful look

0:20:36.720 --> 0:20:40.240
<v Speaker 1>at what we're seeing in Washington, d C. Arguably the

0:20:40.280 --> 0:20:45.800
<v Speaker 1>most high profile antitrust case ever in US history. Thank

0:20:45.840 --> 0:20:49.040
<v Speaker 1>you so much. Tara La Chapelle, deal's columnist for Bloomberg Gadfly.

0:20:49.440 --> 0:20:52.159
<v Speaker 1>Read her stuff. There are fabulous columns. It's got a

0:20:52.200 --> 0:20:54.119
<v Speaker 1>great calm just to tell your TV's death by a

0:20:54.160 --> 0:21:12.520
<v Speaker 1>thousand streaming apps. It's a wonderful column. Let's talk about

0:21:12.560 --> 0:21:16.560
<v Speaker 1>commodities and specifically fossil fuels. John Love is the president

0:21:16.560 --> 0:21:20.400
<v Speaker 1>and the chief executive officer of the United States Commodity Funds,

0:21:20.400 --> 0:21:22.880
<v Speaker 1>helping the manager about three and a half billion dollars.

0:21:23.200 --> 0:21:26.120
<v Speaker 1>Based in Redondo Beach, California, but he joins us here

0:21:26.119 --> 0:21:28.879
<v Speaker 1>in an hour eleven three oh studios. John, always a pleasure,

0:21:28.920 --> 0:21:31.800
<v Speaker 1>Thank you for being here. Uh, tell us about what's

0:21:31.800 --> 0:21:34.760
<v Speaker 1>going on right now with the oil market. Dynamics. I'm

0:21:34.800 --> 0:21:37.679
<v Speaker 1>looking at crude on the NIMEX, down about one percent

0:21:37.720 --> 0:21:40.920
<v Speaker 1>at sixty four dollar barrow. What has changed in your

0:21:41.000 --> 0:21:42.960
<v Speaker 1>view over the last let's say three months when it

0:21:43.000 --> 0:21:45.720
<v Speaker 1>comes to the oil market. Sure, well, we had a

0:21:45.960 --> 0:21:47.600
<v Speaker 1>and thanks for having me, by the way, we had

0:21:47.600 --> 0:21:52.200
<v Speaker 1>a spectacular run since September. The between September and January,

0:21:52.760 --> 0:21:54.800
<v Speaker 1>the market was up w t I was up about

0:21:54.800 --> 0:21:59.040
<v Speaker 1>fifty six. We have since since they've been trading, you know,

0:21:59.040 --> 0:22:00.800
<v Speaker 1>a little bit in a side is range. And then

0:22:00.880 --> 0:22:04.960
<v Speaker 1>yesterday we had a very bullish stock draw on US

0:22:05.040 --> 0:22:08.000
<v Speaker 1>inventories which led to the price jumping three percent. I

0:22:08.080 --> 0:22:09.439
<v Speaker 1>think that might have just been a little bit of

0:22:09.440 --> 0:22:11.840
<v Speaker 1>an overshoot. People are pulling back today a little bit,

0:22:11.840 --> 0:22:15.600
<v Speaker 1>reassessing um as of last night, that's near the highs

0:22:15.920 --> 0:22:19.240
<v Speaker 1>for the January highs for the year. So it's uh.

0:22:19.520 --> 0:22:22.080
<v Speaker 1>I think I think there's kind of a probably arranged

0:22:22.160 --> 0:22:24.679
<v Speaker 1>based on certain factors right now in the crude market.

0:22:24.880 --> 0:22:27.440
<v Speaker 1>And UH, people are just kind of reacting to both

0:22:27.480 --> 0:22:29.879
<v Speaker 1>the bullish news yesterday and some of the things that

0:22:29.960 --> 0:22:33.200
<v Speaker 1>are maybe some of the head winds that are ahead. John,

0:22:33.240 --> 0:22:37.439
<v Speaker 1>I want to talk about actually investing in the oil market.

0:22:37.480 --> 0:22:40.200
<v Speaker 1>I'm looking at your us O fund. It's an e

0:22:40.280 --> 0:22:43.560
<v Speaker 1>t F that has nearly two billion dollars of assets,

0:22:43.640 --> 0:22:45.360
<v Speaker 1>and a lot of people think of it as sort

0:22:45.400 --> 0:22:48.880
<v Speaker 1>of the instrument to use when thinking of quick trading

0:22:48.880 --> 0:22:51.440
<v Speaker 1>on oil. I want you to talk about who you're

0:22:51.480 --> 0:22:55.000
<v Speaker 1>targeting with this fund, given the fact it doesn't really

0:22:55.080 --> 0:22:58.760
<v Speaker 1>track the crude spot price over time. Sure, well, it's

0:22:58.760 --> 0:23:02.560
<v Speaker 1>actually not possible to track the spoon the crude spot

0:23:02.600 --> 0:23:05.360
<v Speaker 1>price unless you actually own physical crude, and even then

0:23:05.440 --> 0:23:09.680
<v Speaker 1>you're paying um storage cost, transportation costs, insurance and all

0:23:09.680 --> 0:23:12.639
<v Speaker 1>of that stuff. And that's kind of sometimes reflected in

0:23:12.720 --> 0:23:16.199
<v Speaker 1>the sort of the premium you pay to buy oil futures.

0:23:16.320 --> 0:23:19.240
<v Speaker 1>Right now, though the crude market isn't a condition called

0:23:19.240 --> 0:23:23.200
<v Speaker 1>backwardation UM, which has been UM that which is actually

0:23:23.240 --> 0:23:25.640
<v Speaker 1>a boon to investors. That actually is kind of a

0:23:25.640 --> 0:23:27.600
<v Speaker 1>a yield you pick up when you roll the futures

0:23:27.600 --> 0:23:30.639
<v Speaker 1>from one month to another. So we've been in contango

0:23:30.680 --> 0:23:34.440
<v Speaker 1>for a number of years. We've we've vacillated between contango

0:23:34.520 --> 0:23:38.240
<v Speaker 1>and backwardation over the long term UM. So when people

0:23:38.280 --> 0:23:40.520
<v Speaker 1>say that USO doesn't track, it actually does track the

0:23:40.600 --> 0:23:44.400
<v Speaker 1>daily change in price, But over time, UM it appears

0:23:44.440 --> 0:23:47.800
<v Speaker 1>not to track UM track crude simply because of that

0:23:47.880 --> 0:23:50.840
<v Speaker 1>contango backwardation factors. So that's something the investors really need

0:23:50.880 --> 0:23:54.880
<v Speaker 1>to watch is go to UM any any financial site

0:23:54.960 --> 0:23:57.600
<v Speaker 1>that tracks crude and find out is the market our

0:23:57.640 --> 0:23:59.960
<v Speaker 1>futures prices going up as you go out on the curve,

0:24:00.000 --> 0:24:02.680
<v Speaker 1>are they going down? If they're going up, that's a headwind.

0:24:02.680 --> 0:24:04.920
<v Speaker 1>If they're going down, that's a tail wind. Do you

0:24:05.080 --> 0:24:09.040
<v Speaker 1>get the sense that most of USOS investors are sophisticated

0:24:09.080 --> 0:24:12.240
<v Speaker 1>traders who understand this dynamic, because I know there was

0:24:12.280 --> 0:24:15.360
<v Speaker 1>a lot of attention on this fund back in when

0:24:15.400 --> 0:24:18.360
<v Speaker 1>the fund lost nearly forty percent and then the next

0:24:18.440 --> 0:24:21.200
<v Speaker 1>year when it only gained six point six percent back

0:24:21.400 --> 0:24:25.480
<v Speaker 1>even though oil had rebounded so much. Sure, actually that's

0:24:25.480 --> 0:24:29.280
<v Speaker 1>a beautiful test case for for this UM. This scenario

0:24:29.640 --> 0:24:33.600
<v Speaker 1>UM we had very steep contango, so USO it earned

0:24:33.600 --> 0:24:37.080
<v Speaker 1>six and a half percent the spot price UM theoretically

0:24:37.119 --> 0:24:39.560
<v Speaker 1>it went up forty percent. You couldn't actually earn that,

0:24:39.920 --> 0:24:41.760
<v Speaker 1>But if you look at some different products out there,

0:24:41.800 --> 0:24:44.359
<v Speaker 1>we have a product that owns the first twelve months

0:24:44.680 --> 0:24:46.480
<v Speaker 1>that was up in the high teens. We have a

0:24:46.520 --> 0:24:49.560
<v Speaker 1>Brent oil fund. I think that was around percent that year,

0:24:49.600 --> 0:24:52.879
<v Speaker 1>So you can get much closer to UM maybe that

0:24:52.960 --> 0:24:56.320
<v Speaker 1>theoretical return by kind of looking at the different different

0:24:56.320 --> 0:24:58.720
<v Speaker 1>options that are out there. Gasoline was another one, but

0:24:58.800 --> 0:25:00.800
<v Speaker 1>that's not always the case. The the other times when

0:25:00.880 --> 0:25:03.480
<v Speaker 1>USO outperforms UM, when you get a big pop in

0:25:03.480 --> 0:25:05.879
<v Speaker 1>the market, it's going to it's it's gonna tend to

0:25:05.920 --> 0:25:08.040
<v Speaker 1>track that pop better than something that's further out on

0:25:08.080 --> 0:25:10.200
<v Speaker 1>the curve. Uh. And it's certainly if you're in a

0:25:10.280 --> 0:25:12.720
<v Speaker 1>backward dated market, it will pick up that roll yield

0:25:12.720 --> 0:25:15.760
<v Speaker 1>and do better. So was the reverse example where it

0:25:15.840 --> 0:25:18.920
<v Speaker 1>was tough UM Right now if we stay in backwardation,

0:25:19.280 --> 0:25:21.280
<v Speaker 1>that's a little bit. It's almost like a little bit

0:25:21.280 --> 0:25:23.800
<v Speaker 1>of income to the fund UM. And of course interest

0:25:23.880 --> 0:25:26.320
<v Speaker 1>rates are rising as well, So where we had really

0:25:26.320 --> 0:25:29.040
<v Speaker 1>no income on the collateral to three years ago, we're

0:25:29.040 --> 0:25:33.000
<v Speaker 1>now starting to see some UM collateral return coming back in. John,

0:25:33.040 --> 0:25:35.000
<v Speaker 1>I'm gonna show my age and let you know that

0:25:35.040 --> 0:25:37.640
<v Speaker 1>the rig count was a closely watched number at one

0:25:37.680 --> 0:25:40.399
<v Speaker 1>point if you were interested in the oil market. Is

0:25:40.440 --> 0:25:43.320
<v Speaker 1>that still the case right now, or have new ways

0:25:43.440 --> 0:25:46.040
<v Speaker 1>of extracting oil from the ground really made the rig

0:25:46.119 --> 0:25:48.960
<v Speaker 1>count more of a fossil. Yeah, I think I think

0:25:48.960 --> 0:25:51.040
<v Speaker 1>both people are still watching it. I do not think

0:25:51.080 --> 0:25:54.280
<v Speaker 1>it's as UM efficient an indicator as it used to be,

0:25:54.320 --> 0:25:56.639
<v Speaker 1>as you said, simply because if you look over the

0:25:56.720 --> 0:26:01.560
<v Speaker 1>last five ten years, UM, what's happened is, especially since

0:26:01.560 --> 0:26:05.199
<v Speaker 1>the oil crash, rig counts UM are only half what

0:26:05.240 --> 0:26:07.360
<v Speaker 1>they were at their peak about two three years ago,

0:26:07.920 --> 0:26:11.000
<v Speaker 1>and yet we've hit record production in the US over

0:26:11.080 --> 0:26:14.280
<v Speaker 1>ten point four million barrels a day UM right now.

0:26:14.320 --> 0:26:16.680
<v Speaker 1>And the only reason that's possible is because the drillers

0:26:16.720 --> 0:26:19.639
<v Speaker 1>have become so much more efficient UM. They were forced

0:26:19.680 --> 0:26:23.040
<v Speaker 1>by the YEOPEC decision to defend market share back in

0:26:24.960 --> 0:26:26.919
<v Speaker 1>to really look at their costs and really start to

0:26:26.920 --> 0:26:30.000
<v Speaker 1>make changes, and so they are able to extract more UM.

0:26:30.119 --> 0:26:33.159
<v Speaker 1>We'll see how long that lasts, because they have gone

0:26:33.240 --> 0:26:36.560
<v Speaker 1>towards the more efficient rigs that the wells that were

0:26:36.600 --> 0:26:39.080
<v Speaker 1>already drilled UM, and they have not done as much

0:26:39.119 --> 0:26:40.920
<v Speaker 1>on the capex front, So we'll see if that lasts.

0:26:40.920 --> 0:26:43.159
<v Speaker 1>But to your point, UM, it's not as efficient an

0:26:43.160 --> 0:26:45.480
<v Speaker 1>indicator as it used to be. Yet people still watch

0:26:45.520 --> 0:26:47.840
<v Speaker 1>it very closely, John Love, Thank you so much for

0:26:47.880 --> 0:26:51.080
<v Speaker 1>being with us. John Love, President and Chief Executive Officer

0:26:51.160 --> 0:26:54.920
<v Speaker 1>of u s CF United States Commodity Funds, overseeing about

0:26:54.920 --> 0:27:00.439
<v Speaker 1>three and a half billion dollars in asset. Thanks for

0:27:00.480 --> 0:27:03.120
<v Speaker 1>listening to the Bloomberg P and L podcast. You can

0:27:03.160 --> 0:27:06.960
<v Speaker 1>subscribe and listen to interviews at Apple Podcasts, SoundCloud, or

0:27:07.000 --> 0:27:10.480
<v Speaker 1>whatever podcast platform you prefer. I'm Pim Fox. I'm on

0:27:10.520 --> 0:27:14.400
<v Speaker 1>Twitter at pim Fox. I'm on Twitter at Lisa Abramo.

0:27:14.520 --> 0:27:17.119
<v Speaker 1>It's one before the podcast. You can always catch us

0:27:17.160 --> 0:27:18.720
<v Speaker 1>worldwide on Bloomberg Radio