WEBVTT - Novo Next-Generation Obesity Shot Falls Short of Lilly Rival 

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<v Speaker 2>Within the farmer space, Novo Nordisk the eight rs American

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<v Speaker 2>depository seats down by double digits, in fact lower for

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<v Speaker 2>fifth day, losing about sixteen percent today, and this is

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<v Speaker 2>after its next generation obesity shot Cagri Semma delivered less

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<v Speaker 2>weight loss than Eli Lilly's rival treatment. Let's bring in

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<v Speaker 2>Sam Fazzelli. He is our director of research for Global

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<v Speaker 2>Industries and senior pharmaceutils analysts on what's happening here, and Sam,

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<v Speaker 2>I mean, we've been keeping a close eye on Noah

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<v Speaker 2>Nordous because it was a pioneer and weight loss drugs,

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<v Speaker 2>but it appears that it has really fallen behind Eli

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<v Speaker 2>Lilly and continues to fall behind even with this next

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<v Speaker 2>gen obesity shot. The data shows a twenty point two

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<v Speaker 2>percent weight loss after eighty four weeks compared with Eli

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<v Speaker 2>Lilly's twenty three point six percent weight loss. I mean

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<v Speaker 2>that sounds like, it's pretty small differences. Is that an

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<v Speaker 2>unqualified failure?

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<v Speaker 3>Well, the trial was set up Scarlett to test one

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<v Speaker 3>drug against the other and it failed, right, So that's you.

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<v Speaker 3>You know, when they start these trials, I have hypothesis,

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<v Speaker 3>we think our drug is as good as this one,

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<v Speaker 3>and they set the hypothesis up. They do the right

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<v Speaker 3>number of patients to prove that agorisma is as good

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<v Speaker 3>as tears appetite. It didn't prove that. What it does

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<v Speaker 3>I mean, I don't really care about this. Twenty three percent,

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<v Speaker 3>twenty five percent. A lot of people are happy with

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<v Speaker 3>the weight loss they get and they maintain the weight loss.

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<v Speaker 3>That's what they care about. This rapid weight loss of

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<v Speaker 3>very large weight loss may matter for much more Obeis

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<v Speaker 3>patients potentially, But the reality is this is handed the

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<v Speaker 3>gift to Eli Lilly. Now, once the date is published,

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<v Speaker 3>they can go out there and say, well, look we've

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<v Speaker 3>beaten b GOV, We've beaten the next generation drug. They've

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<v Speaker 3>got at least unweight loss on the surface. What happens

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<v Speaker 3>to muscle laws and all that sort of stuff will

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<v Speaker 3>come out, Oh for a fat versus visceral fat, et cetera.

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<v Speaker 3>We've beaten them is the drug to take and they

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<v Speaker 3>should be able to sell as much as they can

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<v Speaker 3>make so, which is kind of what's been going on already.

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<v Speaker 2>All Right, thank you for explaining that it's the relative

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<v Speaker 2>effectiveness and in this case giving Eilily an easy win.

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<v Speaker 2>Why is it that Nova Noordisk has lost so much

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<v Speaker 2>ground and its edge to Eli Lilly. Does it come

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<v Speaker 2>down to the science of it or is there something

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<v Speaker 2>culturally at the company that's led to this underperformance.

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<v Speaker 3>Yeah, I can't speak to the culture, to be honest

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<v Speaker 3>with you. I mean, this has been a phenomenal story

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<v Speaker 3>for years. Right, They were the pioneers in obesity, they

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<v Speaker 3>in diabetes. With this class of drugs they brought for obesity.

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<v Speaker 3>They have a lot to applaud for them. For the point,

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<v Speaker 3>which is all these companies take calculated risks. Back in

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<v Speaker 3>twenty fifteen sixteen, really took a calculated risk by this

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<v Speaker 3>new molecule, a GLP one attached to it, a GOP.

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<v Speaker 3>Let's forget what they are, but they are two different

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<v Speaker 3>ways of modulating the system. And nobody thought that GOP

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<v Speaker 3>would do what it did. So they were lucky. They

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<v Speaker 3>threw the dice and they got the right answer, or

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<v Speaker 3>they just had a very clever biology person said I

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<v Speaker 3>disagree with the rest the world, GP will do this.

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<v Speaker 3>So they ended up with a supercharge product. And then

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<v Speaker 3>of course no one never went down that road. Even

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<v Speaker 3>since twenty eighteen when we all saw the first data

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<v Speaker 3>went wow, there's a whole bunch of other companies who

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<v Speaker 3>did this. We have a list that we keep, not Novoe.

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<v Speaker 3>They put their dice or they put their money on

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<v Speaker 3>this combination amulin. A lot of people have too, but

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<v Speaker 3>so it hasn't worked out. It's just the way that

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<v Speaker 3>drug development goes. In six years time, you might find

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<v Speaker 3>that some mechanism they've got starts to beat what Lily has,

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<v Speaker 3>but we don't see that at the minute, and we

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<v Speaker 3>haven't got any site on those things.

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<v Speaker 4>Karen from the Jersey Shore Rights in and says she's

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<v Speaker 4>a huge fan of weg be worked just great, Yo, Sam,

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<v Speaker 4>Here we go merk splitting its main pharmaceutical unit in

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<v Speaker 4>two as it prepares for the approaching patent experty of

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<v Speaker 4>its best selling drug.

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<v Speaker 5>What's going on here?

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<v Speaker 3>Yes, so there's one other company that does this since

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<v Speaker 3>been one of the you know, you plot the share

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<v Speaker 3>charts and you go, Wow, that's pretty cool. And that's

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<v Speaker 3>ask Seneca as has for a long time had a

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<v Speaker 3>division a personally responsible for oncology business and responsible for

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<v Speaker 3>oncology drug development. That's always been there. I think they

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<v Speaker 3>recognized they had assets and that on coology drug development

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<v Speaker 3>is quite different to every other area. Here's Mark now

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<v Speaker 3>doing the same thing. Is it suggesting that they, because

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<v Speaker 3>of the number of drugs that they've got coming some

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<v Speaker 3>in on college or someone elsewhere, it's better to have

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<v Speaker 3>two units that look after these two things, especially in

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<v Speaker 3>the R and D side. I think doing the right thing.

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<v Speaker 3>I don't think it tells us much about separating the

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<v Speaker 3>reporting lines and all that sort of stuff, or the

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<v Speaker 3>P and L look of things. I think it's much

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<v Speaker 3>more to do with making sure that they're going to

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<v Speaker 3>get the best chance in the specialty farmer as they

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<v Speaker 3>call and oncology, and I think that's the right call

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<v Speaker 3>to make by them.

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<v Speaker 2>Does it lead to a formal spinoff where you might

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<v Speaker 2>have two publicly traded companies or is this more like

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<v Speaker 2>an internal division within the company.

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<v Speaker 3>Yeah, I doubt this is about a spin off. I mean,

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<v Speaker 3>who knows. I'm not in the board of listening to

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<v Speaker 3>the or even a fly on the wall. And the

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<v Speaker 3>thing is, I don't think you need to go that far.

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<v Speaker 3>I think this just reckly reorganizing the business in a

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<v Speaker 3>way that works best for the pipeline. And I think

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<v Speaker 3>that's the right thing to do, especially if my colleague

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<v Speaker 3>or Guessbacker and Vene Hamilton are right that actually the

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<v Speaker 3>key truder that people think is going to expire in

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<v Speaker 3>terms of their patents in twenty twenty nine has another

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<v Speaker 3>extra three years of cash flow or four years of

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<v Speaker 3>cash flow to twenty thirty three. Remember it's the bigest

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<v Speaker 3>drug in the world. If they're right in their patent analysis,

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<v Speaker 3>you know, this really puts that on collegey business in

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<v Speaker 3>super charge mode.

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<v Speaker 5>Yeah, Sam, thanks so much for joining us. Appreciate it.

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<v Speaker 4>Sam Pazzelli, Director Research for Global Industries and senior Pharma

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<v Speaker 4>analysts for Bloomberg Intelligence. He's based on London, where it's

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<v Speaker 4>not snowing.

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<v Speaker 5>Stay with us. More from Bloomberg Intelligence coming up after this.

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<v Speaker 1>You're listening to the Bloomberg Intelligence podcast. Catch us live

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<v Speaker 1>weekdays at ten am. He's done on Apple, Corplay and

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<v Speaker 1>Android Auto with the Bloomberg Business app. Listen on demand

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<v Speaker 1>wherever you get your podcasts or watch us live on YouTube.

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<v Speaker 5>One of the big.

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<v Speaker 2>Gainers in today's trade, or maybe Vegas an overstatement, but

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<v Speaker 2>given that we're seeing sizable losses in the equity indexes,

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<v Speaker 2>I'd say two point four percent move higher is kind

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<v Speaker 2>of game, kind of.

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<v Speaker 3>Big, right.

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<v Speaker 2>Domino's Pizza DPZ is the ticker moving higher today. The

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<v Speaker 2>company reported a bigger than expected rise in comparable sales.

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<v Speaker 2>So let's bring in Michael Helen. He is our senior

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<v Speaker 2>restaurant and food service analysts for Bloomberg Intelligence, and Michael,

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<v Speaker 2>Domino's provides a lot of value to people. You see

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<v Speaker 2>those ads for buy one, get one free, and they've

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<v Speaker 2>added stuffed pizza crust to their repertoire. So people are

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<v Speaker 2>getting value and they're getting something I guess in terms

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<v Speaker 2>of food value as well. Talk to us about Domino's

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<v Speaker 2>Pizza and the strategy here.

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<v Speaker 6>Yeah, so you know, to your point, they are out

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<v Speaker 6>performing the market pretty handily.

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<v Speaker 3>Today.

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<v Speaker 6>It was a pretty solid report. Saam store sales topped expectations.

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<v Speaker 6>You know, they're doing it with a few different things. Yes,

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<v Speaker 6>the food innovation stuff crust isn't groundbreaking, but it's something

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<v Speaker 6>that their national competitors had already offered, right, and so

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<v Speaker 6>they're trying to take a piece of that market here

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<v Speaker 6>in the US value to your point, right, they're number

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<v Speaker 6>one pizza player here in the United States. They have

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<v Speaker 6>more stores than anyone else, and they have that scale,

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<v Speaker 6>so they are able to offer price points that their

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<v Speaker 6>competitors really can't match and and keep it profitable for

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<v Speaker 6>the franchisees.

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<v Speaker 5>You know.

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<v Speaker 6>And then another big part of the strategy here has

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<v Speaker 6>been the door Dash and Uber Eats expansion, right, So

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<v Speaker 6>they're still delivering the food themselves, but they're posting their

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<v Speaker 6>their food on the third party aggregator sites and that's

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<v Speaker 6>been been a big boost to their business as well.

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<v Speaker 4>What's the difference in economics might using one of their

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<v Speaker 4>own drivers versus a third.

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<v Speaker 5>Party like a door Dash. Yeah, it's a big difference, Paul.

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<v Speaker 6>It's it probably costs a big player like Dominoes, it

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<v Speaker 6>would probably you know, for them to deliver it themselves.

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<v Speaker 5>It probably costs them.

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<v Speaker 6>Half of what it would cost, maybe even less than

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<v Speaker 6>half of what it would call. So it makes a

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<v Speaker 6>huge difference on the delivery economics, you know. So for

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<v Speaker 6>the chains that already have a delivery network like Dominoes.

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<v Speaker 5>It's really a no brainer.

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<v Speaker 2>One thing that Dominoes did over the last quarter was

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<v Speaker 2>make more money by selling more food to its stores,

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<v Speaker 2>charging higher prices for ingredients, collecting more fees from the

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<v Speaker 2>franchise operators for advertising and royalties. That's good for the

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<v Speaker 2>bottom line, But does it sour relationships with franchise operators?

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<v Speaker 2>I mean, how does that? How does Dominoes manage that

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<v Speaker 2>going forward?

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<v Speaker 5>Yeah, that's that's a good question, Scarlett.

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<v Speaker 6>You know, franchise ze relationships is crucial in this business

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<v Speaker 6>because they're going to be the ones, you know, forking

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<v Speaker 6>up the capital to build new stores, right, So you

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<v Speaker 6>want to keep them happy with strong same source sales,

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<v Speaker 6>you know, at three percent plus almost four percent. Game

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<v Speaker 6>keeps them happy, you know, in terms of the supply chain,

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<v Speaker 6>so you know, Domino's owns the supply chain. They want

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<v Speaker 6>to make sure that their franchisees aren't skimping on quality, right,

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<v Speaker 6>and so what they do to make this palatable for

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<v Speaker 6>their franchisees is they actually split the revenues on a

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<v Speaker 6>monthly basis via checks with their franchisees, right. And so, yes,

0:10:02.840 --> 0:10:05.520
<v Speaker 6>prices are going up expected to go up low single

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<v Speaker 6>digits this year for commodities and in the supply chain. Right,

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<v Speaker 6>but they give back half of that half of their

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<v Speaker 6>profit increase back to their franchises and a sharing agreement.

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<v Speaker 4>All right, Mike, thanks so much for joining us as

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<v Speaker 4>always our go to voice on all things in the

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<v Speaker 4>restaurant business. Mike Kaitlin covers the restaurants for Bloomberg Intelligence.

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<v Speaker 5>Stay with us. More from Bloomberg Intelligence coming up after this.

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<v Speaker 1>You're listening to the Bloomberg Intelligence podcast. Catch us live

0:10:36.880 --> 0:10:39.920
<v Speaker 1>weekdays at ten am Eastern on Apple, Cocklay and Android

0:10:39.960 --> 0:10:43.280
<v Speaker 1>Auto with the Bloomberg Business App. Listen on demand wherever

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<v Speaker 1>you get your podcasts, or watch us live on YouTube.

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<v Speaker 4>A pair of retailers, retailers, they win some tailor relief,

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<v Speaker 4>teriff relief on Supreme Court ruling.

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<v Speaker 5>So how about that?

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<v Speaker 4>So maybe some of these are pair of retailers that

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<v Speaker 4>get a little bit of a break here as they've

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<v Speaker 4>been bearing some of the brunt of the terror here.

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<v Speaker 4>Mary Ross Gilbert joins his senior equity analysts.

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<v Speaker 5>She covers the.

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<v Speaker 4>Retail space for Bloomberg Intelligence. She's out there in La

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<v Speaker 4>where it is not snowing. I can tell you that Mary,

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<v Speaker 4>thanks so much for joining us here. Supreme Court ruling

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<v Speaker 4>striking down some of those I reciprocal tariffs. What's it

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<v Speaker 4>mean for the retailers that you cover?

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<v Speaker 7>Yes, so, Paul, what this means is that we're going

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<v Speaker 7>to get some relief. We're not getting complete relief from tariffs.

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<v Speaker 7>So when you think about it, just before Trump over

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<v Speaker 7>the weekend on Saturday, I mean, first, on Friday, he

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<v Speaker 7>said he was going to exercise his ability to enforce

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<v Speaker 7>Section one point twenty two of the nineteen seventy four

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<v Speaker 7>Tariff Code, and you can go up to about fifteen percent.

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<v Speaker 7>So on Friday he announced ten percent immediately or actually

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<v Speaker 7>it was in three days, and then Saturday said immediately

0:11:50.360 --> 0:11:53.360
<v Speaker 7>fifteen percent. So really, what that means is you're going

0:11:53.400 --> 0:11:57.600
<v Speaker 7>to get about a twenty five percent savings from the

0:11:57.679 --> 0:12:02.440
<v Speaker 7>tariff rates that these apparel retailers were paying just prior

0:12:02.520 --> 0:12:05.400
<v Speaker 7>to this news that came out on Saturday. And so

0:12:05.480 --> 0:12:08.520
<v Speaker 7>we estimate that the savings could be anywhere from twenty

0:12:08.520 --> 0:12:11.240
<v Speaker 7>to fifty basis points, maybe a little more than that.

0:12:11.880 --> 0:12:14.760
<v Speaker 7>And many of these apparel companies have been putting in

0:12:14.840 --> 0:12:18.240
<v Speaker 7>mitigation measures, and of course the number one being well

0:12:18.280 --> 0:12:21.360
<v Speaker 7>first of all diversifying away from China so they have

0:12:21.400 --> 0:12:26.360
<v Speaker 7>a lot less exposure there, and then also their suppliers

0:12:26.440 --> 0:12:30.679
<v Speaker 7>absorbing let's say, about half of the tariff impact, and

0:12:30.760 --> 0:12:33.640
<v Speaker 7>then of course price increases and that's being passed on

0:12:33.720 --> 0:12:37.440
<v Speaker 7>to the consumer, and it's done very selectively, and so

0:12:37.760 --> 0:12:41.000
<v Speaker 7>that's why the savings, the net savings is going to

0:12:41.040 --> 0:12:43.640
<v Speaker 7>be somewhere around twenty to fifty basis points. And just

0:12:43.679 --> 0:12:46.680
<v Speaker 7>to give you an example, what companies have disclosed is

0:12:46.679 --> 0:12:49.959
<v Speaker 7>on an annual basis, they were looking for a net

0:12:50.240 --> 0:12:53.800
<v Speaker 7>tariff impact again net of these mitigation measures to be

0:12:53.960 --> 0:12:56.400
<v Speaker 7>somewhere in that sort of one hundred to two hundred

0:12:56.440 --> 0:12:59.120
<v Speaker 7>basis points in that range.

0:12:59.360 --> 0:13:02.920
<v Speaker 4>So I guess it's interesting here because some of these

0:13:02.960 --> 0:13:05.360
<v Speaker 4>retailers have in fact been right kind of in the

0:13:05.400 --> 0:13:09.120
<v Speaker 4>crosshairs of the tariff debate. Have any of the companies

0:13:09.120 --> 0:13:11.480
<v Speaker 4>that you covered they talked about whether they would even

0:13:11.520 --> 0:13:16.800
<v Speaker 4>think about getting tear rebates if that's a possibility, Paul, that's.

0:13:16.679 --> 0:13:22.080
<v Speaker 7>A really good question. It's I can't imagine that a

0:13:22.200 --> 0:13:26.320
<v Speaker 7>rebate process could actually go into effect. It would be

0:13:27.040 --> 0:13:30.560
<v Speaker 7>a nightmare to try to go back and recover these funds.

0:13:31.400 --> 0:13:35.840
<v Speaker 7>It just seems I don't know, I think it's too complex.

0:13:35.880 --> 0:13:39.600
<v Speaker 7>I think we just have to let whatever tariffs were

0:13:39.840 --> 0:13:44.559
<v Speaker 7>already enforced and the funds received. I certainly hope that

0:13:44.640 --> 0:13:46.880
<v Speaker 7>doesn't happen because that could turn out to be a

0:13:47.040 --> 0:13:50.960
<v Speaker 7>very expensive nightmare trying to recover those funds, and then

0:13:51.160 --> 0:13:53.200
<v Speaker 7>the idea would be, well, should it go back to

0:13:53.240 --> 0:13:56.600
<v Speaker 7>the consumer once, you know, if companies were to recover it.

0:13:56.679 --> 0:14:00.559
<v Speaker 4>So, yeah, it's very cool. So given that, I mean

0:14:00.640 --> 0:14:03.280
<v Speaker 4>we've had, you know, roughly a year of these tariffs.

0:14:03.760 --> 0:14:06.200
<v Speaker 4>Is there a kind of a ballpark that you've arrived at,

0:14:06.280 --> 0:14:08.760
<v Speaker 4>or the companies have disclosed about how much they took

0:14:08.800 --> 0:14:12.360
<v Speaker 4>into their margin versus maybe how much the importer took

0:14:12.440 --> 0:14:15.880
<v Speaker 4>into its margin the consumer took into its margin.

0:14:15.960 --> 0:14:16.160
<v Speaker 3>There.

0:14:17.320 --> 0:14:22.520
<v Speaker 7>Yeah, it's very it's complex to say specifically, but I

0:14:22.560 --> 0:14:25.520
<v Speaker 7>think what we were trying to allude to earlier, that

0:14:25.560 --> 0:14:28.560
<v Speaker 7>one hundred to two hundred basis points is what these

0:14:28.680 --> 0:14:32.760
<v Speaker 7>companies are effectively taking in on an annual basis based

0:14:32.800 --> 0:14:36.280
<v Speaker 7>on commentary from the third quarter earnings call. So they

0:14:36.360 --> 0:14:42.280
<v Speaker 7>might have gotten hit more or less depending on the

0:14:42.320 --> 0:14:46.040
<v Speaker 7>retailer that we're talking about and goods that were sourced

0:14:46.120 --> 0:14:48.800
<v Speaker 7>during various times, right, because if you had some retailers

0:14:49.080 --> 0:14:52.560
<v Speaker 7>that sourced fall and winter during that time when China

0:14:53.120 --> 0:14:55.600
<v Speaker 7>had a tariff that was well over one hundred percent,

0:14:56.240 --> 0:15:00.400
<v Speaker 7>then that merchandise and their margin was affected very much

0:15:00.440 --> 0:15:03.160
<v Speaker 7>so because they had already taken delivery of that product.

0:15:03.560 --> 0:15:06.960
<v Speaker 7>So really it depends on the retailer. And then you

0:15:06.960 --> 0:15:10.920
<v Speaker 7>have a couple of retailers, for example, Aritzia and Ralph Lauren.

0:15:12.120 --> 0:15:15.520
<v Speaker 7>Both of those companies have been posting margin increases all

0:15:15.600 --> 0:15:19.240
<v Speaker 7>year and so they've been able to benefit from strong sales.

0:15:19.560 --> 0:15:22.000
<v Speaker 7>What that means is that they're able to leverage fixed

0:15:22.040 --> 0:15:25.320
<v Speaker 7>costs and get incremental benefits there and also pass on

0:15:25.440 --> 0:15:29.560
<v Speaker 7>price increases. And so even though they've been negatively impacted

0:15:29.560 --> 0:15:33.040
<v Speaker 7>by tariffs, you're not seeing that net effect, whereas most

0:15:33.040 --> 0:15:36.320
<v Speaker 7>of the other retailers you have seen margins dented, and

0:15:36.360 --> 0:15:40.000
<v Speaker 7>they've disclosed every quarter what the tariff impact has been

0:15:40.520 --> 0:15:45.400
<v Speaker 7>net mitigation measures, and also they'll provide sort of the

0:15:45.440 --> 0:15:48.400
<v Speaker 7>gross impact. So like I said, I would say the

0:15:48.840 --> 0:15:51.360
<v Speaker 7>net one hundred to or two hundred basis points. Think

0:15:51.400 --> 0:15:55.000
<v Speaker 7>about gap Abercrombie gaps at the lower level, they set

0:15:55.040 --> 0:15:57.040
<v Speaker 7>annual impact about one hundred to one hundred and ten

0:15:57.080 --> 0:16:02.160
<v Speaker 7>basis points, Abercrombie and Fitch about one seven, and American

0:16:02.200 --> 0:16:04.520
<v Speaker 7>Eagle they were sort of harder two hundred to two

0:16:04.600 --> 0:16:06.000
<v Speaker 7>hundred and twenty five basis points.

0:16:06.120 --> 0:16:08.200
<v Speaker 4>All right, very good, Mary Ross Gilbert, thank you so

0:16:08.280 --> 0:16:08.880
<v Speaker 4>much for joining us.

0:16:08.880 --> 0:16:09.560
<v Speaker 5>Mary ros Gilbert.

0:16:09.600 --> 0:16:11.760
<v Speaker 4>She's a senior ecodanaly she covers the retail space for

0:16:11.760 --> 0:16:16.800
<v Speaker 4>Bloomberg Intelligence, and she's located out there in La California office.

0:16:18.520 --> 0:16:20.920
<v Speaker 5>Stay with us. More from Bloomberg Intelligence coming up.

0:16:21.080 --> 0:16:21.560
<v Speaker 7>Fire for this.

0:16:24.640 --> 0:16:28.360
<v Speaker 1>You're listening to the Bloomberg Intelligence podcast. Catch us live

0:16:28.440 --> 0:16:31.520
<v Speaker 1>weekdays at ten am Eastern on Apple, Cocklay and Android

0:16:31.520 --> 0:16:34.840
<v Speaker 1>Auto with the Bloomberg Business app. Listen on demand wherever

0:16:34.920 --> 0:16:38.000
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0:16:38.720 --> 0:16:41.320
<v Speaker 4>Friday, we had the Supreme Court strike down some of

0:16:41.400 --> 0:16:45.040
<v Speaker 4>President Trump's reciprocal tires. We've got some new ones. They're

0:16:45.040 --> 0:16:48.240
<v Speaker 4>back ten no, fifteen percent coming back.

0:16:48.760 --> 0:16:50.800
<v Speaker 5>Are these things going to be litigated? I have no idea.

0:16:50.840 --> 0:16:55.560
<v Speaker 4>Holly from she's a Bloomberg Intelligence litigation analyst. Holly, thanks

0:16:55.640 --> 0:16:57.440
<v Speaker 4>much for joining us here. We had the Supreme Court

0:16:57.520 --> 0:17:01.160
<v Speaker 4>ruling here, what's left to be gated? If any because

0:17:01.160 --> 0:17:03.960
<v Speaker 4>there's still lots and lots and lots of tariffs out there.

0:17:06.200 --> 0:17:10.000
<v Speaker 8>So what's left to be litigated probably is what happens

0:17:10.040 --> 0:17:12.879
<v Speaker 8>with all the tariffs that have been collected, Like, do

0:17:12.880 --> 0:17:17.119
<v Speaker 8>do the importers have to go who want refunds have

0:17:17.200 --> 0:17:20.359
<v Speaker 8>to go to the Court of International Trade to see refunds?

0:17:20.400 --> 0:17:22.359
<v Speaker 8>Do they have to file lawsuits or can they just

0:17:22.440 --> 0:17:24.960
<v Speaker 8>file some kind of application with the Customs with Worder

0:17:25.000 --> 0:17:27.960
<v Speaker 8>Protection Agency. So that's a question that's still outstanding. It

0:17:28.040 --> 0:17:32.440
<v Speaker 8>doesn't affect the tariffs that Trump imposed via Section two

0:17:32.480 --> 0:17:37.639
<v Speaker 8>thirty two, which work on things like aluminium, steel and

0:17:37.680 --> 0:17:40.200
<v Speaker 8>auto and autoparts, and it doesn't affect through one tariffs

0:17:40.240 --> 0:17:42.159
<v Speaker 8>that were imposed in twenty eighteen.

0:17:43.640 --> 0:17:46.560
<v Speaker 2>Okay, So that's that's where it stands. Well on the

0:17:46.560 --> 0:17:50.280
<v Speaker 2>main tariffs. What about the deminimous exemption. Explain to us

0:17:50.359 --> 0:17:53.320
<v Speaker 2>how that works and whether that's affected by the Supreme

0:17:53.359 --> 0:17:53.920
<v Speaker 2>Courts ruling.

0:17:55.119 --> 0:17:58.880
<v Speaker 8>So the dominimus exemption is not necessarily affected. It's an exemption.

0:17:58.960 --> 0:18:01.800
<v Speaker 8>It's not a terriff, so it's an exemption to a terriff.

0:18:01.840 --> 0:18:06.360
<v Speaker 8>So we don't know if this if the ruling means

0:18:06.440 --> 0:18:11.200
<v Speaker 8>that the that the Court that he cannot remove an

0:18:11.880 --> 0:18:15.080
<v Speaker 8>a terror he cannot remove an exemption to a teriff.

0:18:15.480 --> 0:18:17.919
<v Speaker 8>So it's not necessarily the case that that So the

0:18:17.920 --> 0:18:20.399
<v Speaker 8>Supreme Court didn't answer that question. In other words, that

0:18:20.480 --> 0:18:23.840
<v Speaker 8>ruling doesn't answer the question. But I think there's a

0:18:23.880 --> 0:18:27.560
<v Speaker 8>case that's playing out now UH at the International Trade Court.

0:18:27.560 --> 0:18:30.320
<v Speaker 8>That ruling was that that case case was stay pending

0:18:30.440 --> 0:18:34.920
<v Speaker 8>appeal of the of the Supreme Court ruling. And so

0:18:35.280 --> 0:18:38.160
<v Speaker 8>what I think happens is I think that the court

0:18:38.240 --> 0:18:42.480
<v Speaker 8>will say that he probably can't remove that exemption via

0:18:42.520 --> 0:18:45.959
<v Speaker 8>executive order. It probably has to be some kind of regulation.

0:18:46.320 --> 0:18:49.359
<v Speaker 8>And it's not even clear that that that his his

0:18:49.440 --> 0:18:53.159
<v Speaker 8>Trade secretary can promulgates. And it's not even clear that

0:18:53.200 --> 0:18:56.399
<v Speaker 8>he can remove it at all, because there's some question

0:18:56.400 --> 0:18:59.119
<v Speaker 8>as to whether that exemption is mandatory based on the

0:18:59.160 --> 0:19:00.000
<v Speaker 8>language of the statue.

0:19:00.080 --> 0:19:04.040
<v Speaker 4>You if I want to get a refund to some

0:19:05.160 --> 0:19:07.720
<v Speaker 4>terroriffts that I've paid, how do I do that?

0:19:09.520 --> 0:19:13.640
<v Speaker 8>So normally what you do is what happens is the

0:19:13.680 --> 0:19:16.679
<v Speaker 8>goods come in you, you ask to me what you

0:19:16.720 --> 0:19:20.600
<v Speaker 8>think you owe. The Customs Order Protection Agency decides whether

0:19:20.880 --> 0:19:24.680
<v Speaker 8>that's correct. That's called liquidation. If that amount is finalized

0:19:24.680 --> 0:19:27.080
<v Speaker 8>and it liquidates, you have one hundred and eighty days

0:19:27.080 --> 0:19:30.880
<v Speaker 8>to protest what the Customs Agency says you owe. So

0:19:31.000 --> 0:19:34.160
<v Speaker 8>that's normally how you get a refund. You file a protest,

0:19:34.560 --> 0:19:36.679
<v Speaker 8>and they think that that might be the procedure used here,

0:19:36.760 --> 0:19:39.360
<v Speaker 8>but nobody really knows because this has never happened before.

0:19:40.640 --> 0:19:43.040
<v Speaker 4>Well, if I'm if I'm Nike or something like that,

0:19:43.800 --> 0:19:47.000
<v Speaker 4>I mean, do I say you owe me hundreds of

0:19:47.000 --> 0:19:49.160
<v Speaker 4>millions of dollars or something like that? Is that how

0:19:49.200 --> 0:19:49.919
<v Speaker 4>we think it's going to go?

0:19:50.000 --> 0:19:51.800
<v Speaker 5>Or are they are? They actually are people?

0:19:51.840 --> 0:19:54.719
<v Speaker 4>Actually our companies actually go through that the work of

0:19:54.800 --> 0:19:55.320
<v Speaker 4>doing this.

0:19:56.600 --> 0:19:59.600
<v Speaker 8>Well, you know, it probably depends on the amount that

0:19:59.720 --> 0:20:04.119
<v Speaker 8>they think that they're overpaid, and there are also you know,

0:20:04.240 --> 0:20:08.080
<v Speaker 8>other issues that they may take into account. So you know,

0:20:08.240 --> 0:20:11.399
<v Speaker 8>it's not clear whether all companies will see refunds. There

0:20:11.400 --> 0:20:14.240
<v Speaker 8>are probably some companies that say it's not worth it

0:20:14.280 --> 0:20:16.239
<v Speaker 8>for them to try, so they're going to weigh their

0:20:16.320 --> 0:20:19.120
<v Speaker 8>right to do that. Some of them may be time

0:20:19.119 --> 0:20:21.960
<v Speaker 8>barred from doing that by virtue of the deadline super protest.

0:20:22.720 --> 0:20:24.960
<v Speaker 8>So we don't expect the full amount that's been collected

0:20:24.960 --> 0:20:25.760
<v Speaker 8>to be refunded.

0:20:26.840 --> 0:20:29.680
<v Speaker 2>Holly what will you be watching for and listening for

0:20:29.760 --> 0:20:31.840
<v Speaker 2>when the President speaks in his State of the Union

0:20:31.880 --> 0:20:34.080
<v Speaker 2>tomorrow When it comes to tariffs, I mean, he's going

0:20:34.160 --> 0:20:36.040
<v Speaker 2>to say a lot of things, and we know that

0:20:36.160 --> 0:20:38.680
<v Speaker 2>a lot of what he says he doesn't necessarily it's

0:20:38.720 --> 0:20:41.520
<v Speaker 2>more in the spirit of what he wants. But specifically

0:20:41.560 --> 0:20:45.040
<v Speaker 2>when it comes to the legality of some of this stuff,

0:20:45.040 --> 0:20:48.000
<v Speaker 2>what will you be listening for, Well, we.

0:20:47.920 --> 0:20:49.520
<v Speaker 8>Want to see what he like what you said, We

0:20:49.560 --> 0:20:51.560
<v Speaker 8>want to see what he says because what he wants

0:20:51.600 --> 0:20:54.920
<v Speaker 8>has to be justified by some kind of legal authority,

0:20:55.280 --> 0:20:57.840
<v Speaker 8>and so we want to see, you know, what he's

0:20:57.840 --> 0:21:00.640
<v Speaker 8>aiming to do, and then we'll try to figure out

0:21:00.680 --> 0:21:02.399
<v Speaker 8>how he's going to do that. And so there are

0:21:02.480 --> 0:21:05.400
<v Speaker 8>various tariffing tools that he has, and he's already imposed

0:21:05.680 --> 0:21:09.280
<v Speaker 8>terrorist via Section one twenty two, but those are time

0:21:09.359 --> 0:21:12.000
<v Speaker 8>limited for one hundred and fifty days, so we'll probably

0:21:12.600 --> 0:21:15.879
<v Speaker 8>he'll probably use other authorities. And so that's something where

0:21:15.560 --> 0:21:17.800
<v Speaker 8>we're going to look at, is you know, what is

0:21:17.800 --> 0:21:20.040
<v Speaker 8>he trying to do? Can he use the other authorities

0:21:20.040 --> 0:21:20.439
<v Speaker 8>to do that?

0:21:21.680 --> 0:21:23.920
<v Speaker 4>Holly, was there anything or I guess what was most

0:21:24.080 --> 0:21:28.360
<v Speaker 4>notable to you from the Supreme Court ruling on Friday.

0:21:29.040 --> 0:21:31.520
<v Speaker 8>I think that was what was really striking was that

0:21:31.520 --> 0:21:35.000
<v Speaker 8>that they said that this statue doesn't allow terriffs at all.

0:21:35.760 --> 0:21:39.440
<v Speaker 8>So any tariff that he is imposed via this statute

0:21:39.840 --> 0:21:43.359
<v Speaker 8>are probably going to be struck. So teriffs on India

0:21:43.359 --> 0:21:45.600
<v Speaker 8>and Brazil are going to be struck. And what they

0:21:45.640 --> 0:21:48.439
<v Speaker 8>said was a tariff is a tax, and so only

0:21:48.480 --> 0:21:51.239
<v Speaker 8>Congress has the power to tax, and if they are

0:21:51.280 --> 0:21:53.400
<v Speaker 8>going to delegate that power, they have to be very

0:21:53.480 --> 0:21:56.720
<v Speaker 8>very clear when they do that, and you know, using

0:21:56.720 --> 0:21:59.840
<v Speaker 8>this vague language and the statue you know, wasn't enough.

0:22:00.080 --> 0:22:04.080
<v Speaker 8>And so that I think that was very interesting. And

0:22:04.160 --> 0:22:07.520
<v Speaker 8>the other thing to note is that you know, they

0:22:07.680 --> 0:22:12.800
<v Speaker 8>did talk about other tariffing powers he has, so it

0:22:13.119 --> 0:22:16.040
<v Speaker 8>may be the case that you know, and we think

0:22:16.119 --> 0:22:19.199
<v Speaker 8>that those tariffing powers rest on you know, better legal footing.

0:22:19.320 --> 0:22:22.680
<v Speaker 8>So the challenges will be harder to the new terriffs

0:22:22.720 --> 0:22:26.920
<v Speaker 8>the imposes if he's going to use you know, well

0:22:26.920 --> 0:22:29.360
<v Speaker 8>settled authorities like Section two thirty two or the Trade

0:22:29.359 --> 0:22:32.160
<v Speaker 8>Expansion Acts or Section three oh one or the Trade Act,

0:22:32.160 --> 0:22:35.160
<v Speaker 8>which both of which he's used before, so challenges will

0:22:35.160 --> 0:22:36.560
<v Speaker 8>probably be harder.

0:22:36.880 --> 0:22:38.960
<v Speaker 2>All right, good stuff. Holly from Thank You So Much,

0:22:39.240 --> 0:22:44.080
<v Speaker 2>Bloomberg Intelligence litigation analysts on how President Trump's fifteen percent

0:22:44.160 --> 0:22:48.919
<v Speaker 2>tariff will likely stick, but if it doesn't, he is

0:22:49.000 --> 0:22:52.520
<v Speaker 2>going to have several options. Holly mentioned section two thirty two.

0:22:52.600 --> 0:22:54.800
<v Speaker 2>There's section two h one. There's section three h one.

0:22:54.840 --> 0:22:57.400
<v Speaker 2>There's Section one twenty two, there's section three thirty eight.

0:22:57.400 --> 0:22:59.639
<v Speaker 2>All of these things take time, so they can't be

0:22:59.640 --> 0:23:03.480
<v Speaker 2>imposed instantly. They require investigation. And in the case of

0:23:03.640 --> 0:23:07.520
<v Speaker 2>Section two thirty two, I believe, oh no, section one

0:23:07.640 --> 0:23:10.760
<v Speaker 2>twenty two, there's like a you know, a time span,

0:23:10.880 --> 0:23:13.920
<v Speaker 2>a time limit of only fifteen months, which seems like

0:23:13.960 --> 0:23:16.480
<v Speaker 2>a lot of work to get a temporary terror Yeah.

0:23:16.560 --> 0:23:18.520
<v Speaker 4>And I guess my question I asking a lot of folks,

0:23:18.520 --> 0:23:21.879
<v Speaker 4>particularly on the political side, like Henrietta Trees. Clearly, this

0:23:22.000 --> 0:23:27.919
<v Speaker 4>is pulling tariffs in general, is pulling very poorly. Affordability

0:23:27.920 --> 0:23:31.480
<v Speaker 4>broadly defined, is polling as a very key issue. It's

0:23:32.359 --> 0:23:34.960
<v Speaker 4>almost mind bogging that the president continues to double down

0:23:34.960 --> 0:23:37.119
<v Speaker 4>and triple down on this whole terrorf issue. But it

0:23:37.200 --> 0:23:39.480
<v Speaker 4>is certainly key to his trade policy, to parts of

0:23:39.520 --> 0:23:41.080
<v Speaker 4>his economic policy.

0:23:41.400 --> 0:23:42.560
<v Speaker 2>His geopolitical policy.

0:23:42.680 --> 0:23:42.840
<v Speaker 3>Yep.

0:23:43.320 --> 0:23:45.439
<v Speaker 5>But I would just if I were his advisor.

0:23:45.440 --> 0:23:48.000
<v Speaker 4>I'm saying, but it's coming at a big cost, mister President,

0:23:48.040 --> 0:23:50.159
<v Speaker 4>in terms of and we've got the midterm elections coming up,

0:23:50.200 --> 0:23:52.920
<v Speaker 4>and we've got some people that are nervous. But I'm

0:23:52.920 --> 0:23:54.400
<v Speaker 4>sure those discussions are being had.

0:23:54.440 --> 0:23:56.680
<v Speaker 2>But well, he's the second term president, so maybe it's

0:23:56.680 --> 0:23:58.920
<v Speaker 2>their problem, someone else's problem, not his problem.

0:23:58.840 --> 0:23:59.440
<v Speaker 5>Exactly right.

0:24:00.640 --> 0:24:05.359
<v Speaker 1>This is the Bloomberg Intelligence Podcast, available on Apple, Spotify,

0:24:05.520 --> 0:24:09.520
<v Speaker 1>and anywhere else you get your podcasts. Listen live each weekday,

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