WEBVTT - Daybreak Holiday: Walmart, Nvidia, OpenAI

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<v Speaker 1>Hello everybody, and thank you so much for joining us

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<v Speaker 1>for this special edition of Bloomberg Daybreak. US markets are

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<v Speaker 1>closed for the President's Day holiday. I'm Nathan Hager. Coming

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<v Speaker 1>up this hour. We'll look ahead to a couple of

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<v Speaker 1>major lawsuits on the docket. Elon Musk's battle against Open

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<v Speaker 1>Ai and the Justice Department's case against Live Nation and

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<v Speaker 1>ticket Master. We'll break them down with two of our

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<v Speaker 1>litigation analysts from Bloomberg Intelligence, Matthew Shettenhelm on big tech

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<v Speaker 1>and Jennifer Ree on Big ticket. Plus, we have a

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<v Speaker 1>big earnings report coming up from AI Behemoth and Nvidia

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<v Speaker 1>BI analyst man Deep Singh and Kunjohn Sapani will be

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<v Speaker 1>along to preview those results. Before that, though, we hear

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<v Speaker 1>from the world's biggest big box retailer this week, Walmart,

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<v Speaker 1>reports earnings on Thursday. Here to get a set for

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<v Speaker 1>that report, our Bloomberg Intelligence senior analyst Jennifer Bartashis who

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<v Speaker 1>covers retail staples, and Punam Goyle, who's got things covered

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<v Speaker 1>on the e commerce side. Thanks to both of you

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<v Speaker 1>for being with us, and you know, coming off the

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<v Speaker 1>flat retail sales report for decent number that we saw

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<v Speaker 1>recently Jennifer, I'll start with you, how does that affect

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<v Speaker 1>what we could see from Walmart when it comes to

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<v Speaker 1>the earnings this week.

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<v Speaker 2>You know what's interesting is that for Walmart, it doesn't

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<v Speaker 2>matter so much what the retail sales do just because

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<v Speaker 2>the trends that are in place have really been conducive

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<v Speaker 2>to their growth and their business. People are seeking value,

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<v Speaker 2>People are seeking, you know, ways to streamline their time

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<v Speaker 2>and find convenience, and Walmart just seems to be gaining

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<v Speaker 2>share based on their ability to offer that to their customers. So,

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<v Speaker 2>regardless of the macro environment, Walmart really seems to be

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<v Speaker 2>thriving at the moment.

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<v Speaker 1>And put them to bring you into the conversation, We're

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<v Speaker 1>seeing a lot of consumers seeking out Walmart's business on

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<v Speaker 1>the e commerce side as well. How could that play

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<v Speaker 1>out into these earnings?

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<v Speaker 3>We think Walmart will continue to do well on the

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<v Speaker 3>e commerce side. If Amazon is any reflection on how

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<v Speaker 3>the consumer is shopping online, they had great numbers on

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<v Speaker 3>the retail side, high single digit sales growth in their

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<v Speaker 3>online business. We expect Walmart to be no different. They've

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<v Speaker 3>put a lot of investment behind their e commerce unit

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<v Speaker 3>and they have been very quickly gaining share. Its over

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<v Speaker 3>one hundred billion dollars in GMB today. That's pretty impressive

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<v Speaker 3>given how little time they've gotten there. So we think

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<v Speaker 3>the e commerce handle for them will play out while

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<v Speaker 3>just like it did for Amazon.

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<v Speaker 1>You know, it's interesting, Jen, Walmart is seeing competition from

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<v Speaker 1>Amazon on multiple fronts, not just on the e commerce side,

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<v Speaker 1>but Amazon is kind of altering its footprint in the

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<v Speaker 1>grocery business as well. How do you see Walmart weathering

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<v Speaker 1>that well?

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<v Speaker 2>I think what's interesting is that, you know, when Amazon

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<v Speaker 2>announced that they were closing their Amazon Fresh stores and

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<v Speaker 2>their Amazon Ghost stores, which was more of a convenience

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<v Speaker 2>store format. You know, people kind of set up and

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<v Speaker 2>took notice, but it's important to remember there were way

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<v Speaker 2>under one hundred of those stores altogether, so it's never

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<v Speaker 2>been the majority of Amazon's grocery footprint. Instead, you know,

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<v Speaker 2>they have a lot of sales that are what you

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<v Speaker 2>would consider grocery category sales that happen through Amazon dot

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<v Speaker 2>Com and through their Amazon Fresh and so those are

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<v Speaker 2>your your fresh items, as your paper towels, things like that.

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<v Speaker 2>Walmart is the biggest grocer in the United States. You know,

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<v Speaker 2>they own almost thirty percent of market share, so they're

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<v Speaker 2>very well entrenched and because they've been investing in their capabilities.

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<v Speaker 2>You know, I think there's room for Amazon to grow,

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<v Speaker 2>but we're not expecting any kind of major, you know,

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<v Speaker 2>change in who's the leader in grocery over the next

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<v Speaker 2>couple of years.

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<v Speaker 1>You got to think to put them that Walmart's got

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<v Speaker 1>room to grow overall on e commerce as well. Although

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<v Speaker 1>Amazon being the behemoth it is, what's the challenge for

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<v Speaker 1>Walmart to compete online?

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<v Speaker 3>I don't think it's really a challenge anymore because they're

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<v Speaker 3>making the right investments. They're investing like just they're investing

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<v Speaker 3>in product and expanding their marketplace. You know, a lot

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<v Speaker 3>of times people tend to think that if Walmart wins,

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<v Speaker 3>Amazon loses, that's not the case. I think both of

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<v Speaker 3>them can grow together. There's a lot of share shifts

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<v Speaker 3>that are taking place in retail where shopping is just

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<v Speaker 3>gradually moving online. We have estimated that twenty five percent

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<v Speaker 3>of total retail sales in the US are online today

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<v Speaker 3>and they're going to be growing to thirty three percent

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<v Speaker 3>in the next few years. So there's plenty of opportunity

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<v Speaker 3>for retailers to capture that growing opportunity and among them,

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<v Speaker 3>Walmart and Amazon are still probably best position to do so.

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<v Speaker 1>And when it comes to the overall business, Jen, is

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<v Speaker 1>it all about grocery for Walmart? Is that where the

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<v Speaker 1>basis for Walmart's businesses right now? Or is it seeing

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<v Speaker 1>the potential for growth across its categories of items that

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<v Speaker 1>it sells?

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<v Speaker 2>Now, there's definitely growth across all of the categories. You know,

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<v Speaker 2>grocery categories do you comprise about half of Walmart's total revenue,

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<v Speaker 2>so it is important. But you know, the company does

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<v Speaker 2>a great job of of having that broad assortment be

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<v Speaker 2>tailored to be appealing to customers. And that's in the

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<v Speaker 2>US and that's worldwide. And so you know what we

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<v Speaker 2>see is that, you know, grocery is great because it's

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<v Speaker 2>a frequency category. You buy groceries frequently. It takes you

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<v Speaker 2>to stores, but once you're in the store or once

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<v Speaker 2>you're online, placing that order between either the in store experience,

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<v Speaker 2>the merchandise selection, or the technology that's used from a

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<v Speaker 2>from an interface perspective, it's really helping guide people to

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<v Speaker 2>buy more than just their groceries at Walmart, and so

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<v Speaker 2>you know, they've had strong, much stronger general merchandise sales

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<v Speaker 2>than some of their peers over the last last few

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<v Speaker 2>quarters and.

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<v Speaker 1>Put them how do you see Walmart continuing to grow

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<v Speaker 1>its business on the tech side in terms of developing

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<v Speaker 1>its interfaces integrating artificial intelligence into what it does.

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<v Speaker 3>I think, just like everyone else today, the integration of

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<v Speaker 3>artificial intelligence agentic shopping is key. Walmart's integrated itself into

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<v Speaker 3>chat GBT, so it's clearly opening up avenues to broaden

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<v Speaker 3>its customer base and get a piece of that agentic

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<v Speaker 3>AI shopping driven conversion. We think they're making advancements to

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<v Speaker 3>broaden their customer base beyond you know, when you think

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<v Speaker 3>about the Walmart customers, it is broad and it is

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<v Speaker 3>a customer predominantly that's seeking value. But they're trying to

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<v Speaker 3>expand that and they have to some extent, and Jen

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<v Speaker 3>could talk about this, have really expanded that through the

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<v Speaker 3>Walmart Plus membership. But in using AI and agentic shopping

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<v Speaker 3>and just technology robotics automation, we think they are making

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<v Speaker 3>progress and they will continue to invest in that front

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<v Speaker 3>to move forward in retail because if they don't, quite honestly,

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<v Speaker 3>they won't be able to continue to gain share.

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<v Speaker 1>I'm speaking with Punum Goyle and Jen Bartascius of Bloomberg Intelligence.

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<v Speaker 1>Jen pickop to that point that Punam raised there in

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<v Speaker 1>terms of the Walmart Plus business, there has been this

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<v Speaker 1>push into more subscriber fed business. How is that paying

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<v Speaker 1>off for Walmart?

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<v Speaker 2>Yeah, it's it's a it's a great program for Walmart.

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<v Speaker 2>When you think about what Walmart has been talking about

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<v Speaker 2>and over the past several quarters, they've been bringing in

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<v Speaker 2>more higher income households into their ecosystem. Now, part of

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<v Speaker 2>that is people seeking value, but the Walmart Plus program,

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<v Speaker 2>when they get people engaged with that, that makes people sticky.

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<v Speaker 2>And so historically, when the economy has been weak, Walmart

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<v Speaker 2>gains people, they gain shoppers, but then as the economy

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<v Speaker 2>gets better, some of those customers bleed away. What Walmart

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<v Speaker 2>Plus does is it helps keep all of those customers

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<v Speaker 2>sticky and in the in the Walmart universe, and through

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<v Speaker 2>the offering of convenience of being able to have things

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<v Speaker 2>delivered to your house or even into your house and

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<v Speaker 2>into your refrigerator directly, or being able to pick things

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<v Speaker 2>up at the at the curb side, and all the

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<v Speaker 2>their perks and benefits that they offer via that membership program.

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<v Speaker 2>It really helps keep those customers you know, engaged, and

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<v Speaker 2>it provides a recurring revenue source in terms of membership fee.

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<v Speaker 2>So there's there's lots of levels to the win of

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<v Speaker 2>having a robust program like Walmart Plus.

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<v Speaker 1>And in terms of the value seeking customer getting into

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<v Speaker 1>that engagement as well. Poonam, do you see that trend

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<v Speaker 1>continuing having some of these more higher middle income consumers

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<v Speaker 1>getting driven more into Walmart to seek that value.

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<v Speaker 3>Yeah. I don't think that changes much for the lower

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<v Speaker 3>end customer. I mean, at the end of the day,

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<v Speaker 3>Walmart stands for value, so everyone wants to find things cheaper.

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<v Speaker 3>I don't think a higher income consumer would go out

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<v Speaker 3>and say I'm willing to pay more unless there's a

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<v Speaker 3>service element to it, or there's an aesthetic involved or

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<v Speaker 3>a better brand involved. But I think having a broad

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<v Speaker 3>array of customers which Walmart is now targeting to expand

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<v Speaker 3>that upper end of the funnel, it doesn't hurt them.

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<v Speaker 3>And it's an easy way to do that because when

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<v Speaker 3>you're on an online platform, the experience is similar to

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<v Speaker 3>all versus you know, people would argue in the past

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<v Speaker 3>when you walk into a Walmart store, the experience is

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<v Speaker 3>very different. Than when you were to walk into a

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<v Speaker 3>whole food store, right, But if you're shopping online for

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<v Speaker 3>paper towels, it's wherever you're used to going. And that's

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<v Speaker 3>what Jen talked about the stickiness of it. Right when

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<v Speaker 3>you're a Prime member, you're a Walmart Plus member, because

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<v Speaker 3>you're paying for this membership, you want to utilize it.

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<v Speaker 3>And once you begin to utilize it and see the

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<v Speaker 3>value in it, that's just a natural place that you're

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<v Speaker 3>going to go to next.

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<v Speaker 1>You know, Jen, this is an interesting time in the

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<v Speaker 1>big retail business with a lot of these sort of

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<v Speaker 1>businesses that we think of as catering to the lower

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<v Speaker 1>end consumer, like Dollar Tree, Dollar General moving into some

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<v Speaker 1>of these bigger markets and target continuing to try to

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<v Speaker 1>find a direction. How do you see Walmart sort of

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<v Speaker 1>navigating some of that perhaps increased competition from the lower

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<v Speaker 1>end retailers.

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<v Speaker 2>Yeah, it's it's a it's a very good question. You know,

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<v Speaker 2>when when you look at the customer that the the

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<v Speaker 2>organizations that target the lower end consumers, like your dollar stores,

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<v Speaker 2>you know, in terms of store base, those those companies

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<v Speaker 2>tend to be located in greater proximity to some of

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<v Speaker 2>the you know, to some of those customers. So you know,

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<v Speaker 2>it's about it's about trip frequency. So dollar stores are

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<v Speaker 2>really favored when people are doing kind of quick fill

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<v Speaker 2>in trips in between larger shops. Where Walmart comes into

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<v Speaker 2>place is for that larger shop when people are planning,

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<v Speaker 2>you know, multiple meals in advance. They're planning, you know,

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<v Speaker 2>for a larger event or something like that. And so

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<v Speaker 2>you know, as we've seen you know, some uh some

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<v Speaker 2>some consolidation happening in the in the dollar store industry.

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<v Speaker 2>You know, we saw ninety nine cent stores go out

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<v Speaker 2>of business. You know, we saw a party city collapse.

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<v Speaker 2>That offers opportunity to ev for everybody, and and Walmart

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<v Speaker 2>is included in that mix.

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<v Speaker 1>And Jen, just to close this out, I think this

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<v Speaker 1>is going to be the first earnings report under Walmart's

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<v Speaker 1>new CEO, John Ferner, Right, Uh, what what's the pressure

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<v Speaker 1>on him, uh to keep up the momentum that we've

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<v Speaker 1>seen under Doug McMillan over the years.

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<v Speaker 2>I think that they certainly there's there's going to be

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<v Speaker 2>expectations that he continues with the things that have really

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<v Speaker 2>benefited Walmart in recent years, which is that willingness to

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<v Speaker 2>experiment and and fail. So experiment, adapt what what works,

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<v Speaker 2>you know, roll it up quickly. If something doesn't work,

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<v Speaker 2>walk away. You know, I think that he's you know,

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<v Speaker 2>he's been with Walmart for a while, so you know,

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<v Speaker 2>he certainly has the perspective of what the company has

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<v Speaker 2>been doing. But I think all eyes will be on whether,

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<v Speaker 2>you know, he finds new opportunities to kind of supplement

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<v Speaker 2>the ecosystem that Walmart has been building. That said, we're

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<v Speaker 2>not expecting any major pivots and strategy in the short

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<v Speaker 2>term because the the the this is working quite well

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<v Speaker 2>for Walmart at the moment, and they continue to gain

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<v Speaker 2>share and they continue to put on new customers.

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<v Speaker 1>Really appreciate this as we look ahead to these earnings

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<v Speaker 1>from Walmart on Thursday. That's Jen Bartashis and Punam Goyle,

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<v Speaker 1>retail analysts for Bloomberg Intelligence. And up next, we're going

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<v Speaker 1>to stick with the earnings theme and look at what

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<v Speaker 1>to expect from Chip Giant in Vidia. It's twenty minutes

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<v Speaker 1>past the hour. I'm Nathan Hager, and this is Bloomberg.

0:12:35.320 --> 0:12:38.520
<v Speaker 1>Welcome back to this special edition of Bloomberg Daybreak. US

0:12:38.520 --> 0:12:41.720
<v Speaker 1>markets are closed for the President's holiday. I'm Nathan Hager,

0:12:41.720 --> 0:12:45.559
<v Speaker 1>and we continue our focus on earnings. Nvidia reports its

0:12:45.640 --> 0:12:48.920
<v Speaker 1>latest quarterly numbers next week. From what we can expect

0:12:48.920 --> 0:12:51.600
<v Speaker 1>from the chip behemoth, let's bring in Man Deep Saying,

0:12:51.640 --> 0:12:54.640
<v Speaker 1>global head of tech research for Bloomberg Intelligence, and BI

0:12:54.800 --> 0:12:58.640
<v Speaker 1>senior Semiconductors analyst Kunjohn Sabani. Thanks so much to both

0:12:58.679 --> 0:13:00.760
<v Speaker 1>of you for being with us, and many people start

0:13:00.800 --> 0:13:02.720
<v Speaker 1>with you because it seems like the bar keeps getting

0:13:02.760 --> 0:13:06.640
<v Speaker 1>set higher and higher for Nvidia quarter in and quarter out.

0:13:07.160 --> 0:13:08.840
<v Speaker 1>Do you agree with that and how high is the

0:13:08.840 --> 0:13:09.560
<v Speaker 1>bar this time?

0:13:10.080 --> 0:13:12.600
<v Speaker 4>Well, so, in the last couple of years, what we

0:13:12.679 --> 0:13:18.640
<v Speaker 4>have seen is in Vidia's top line growth actually tracks

0:13:19.440 --> 0:13:23.600
<v Speaker 4>the hyperscale capex changes. And what we have seen here

0:13:23.640 --> 0:13:29.200
<v Speaker 4>today is all these hyperscalers raising their capex expectations for

0:13:29.280 --> 0:13:33.480
<v Speaker 4>twenty twenty six and we're talking about another year of

0:13:33.559 --> 0:13:38.240
<v Speaker 4>a sixty percent increase in total capex. And so if

0:13:38.320 --> 0:13:42.040
<v Speaker 4>that's tracking, you know, in Vidia's top line growth and

0:13:42.120 --> 0:13:44.160
<v Speaker 4>it's a it's a good proxy for that, then we

0:13:44.240 --> 0:13:47.160
<v Speaker 4>can expect something similar and that's where the estimates keep

0:13:47.200 --> 0:13:52.280
<v Speaker 4>getting revised upward. And now you know, consensus is forecasting

0:13:52.320 --> 0:13:55.760
<v Speaker 4>almost a sixty percent increase in in Vidio's top line

0:13:55.800 --> 0:13:56.840
<v Speaker 4>for twenty twenty six.

0:13:57.440 --> 0:14:02.080
<v Speaker 1>My eyebrowser already hurting just thinking about that, Kunjon. To

0:14:02.240 --> 0:14:05.920
<v Speaker 1>that point, six hundred and fifty billion dollars over the

0:14:05.960 --> 0:14:08.360
<v Speaker 1>next year is the number we keep hearing from the

0:14:08.720 --> 0:14:13.640
<v Speaker 1>four hyper scalers in terms of their AI plans. How

0:14:13.640 --> 0:14:18.480
<v Speaker 1>do you think that plays out for Nvidia's results, Well.

0:14:18.320 --> 0:14:22.720
<v Speaker 5>That should be a definite tailwind. Remember sometime in three

0:14:22.880 --> 0:14:26.960
<v Speaker 5>Q calendar three Q last year, Jensen gave out a

0:14:27.160 --> 0:14:30.600
<v Speaker 5>five hundred billion dollar This is Nvidia's revenue, not the

0:14:30.680 --> 0:14:33.680
<v Speaker 5>hyperscale care PACs, but five hundred billion dollar of a

0:14:33.880 --> 0:14:38.000
<v Speaker 5>pipeline of a backlog for both its Blackwell and upcoming

0:14:38.440 --> 0:14:41.480
<v Speaker 5>Rubin which will be in second half twenty six through

0:14:41.560 --> 0:14:46.720
<v Speaker 5>twenty twenty six. Since then, as Mandeep mentioned, the estimates

0:14:46.760 --> 0:14:49.920
<v Speaker 5>for these hyper scalers have gone up in some cases

0:14:50.280 --> 0:14:52.600
<v Speaker 5>like Google and Amazon has gone up close to forty

0:14:52.680 --> 0:14:56.640
<v Speaker 5>fifty percent, So those a significant portion of that increase

0:14:56.800 --> 0:15:00.160
<v Speaker 5>should definitely go in Vida's way. So that should now

0:15:00.680 --> 0:15:04.120
<v Speaker 5>raise the estimates even more. Since off of that three

0:15:04.200 --> 0:15:06.520
<v Speaker 5>QI billion pipeline.

0:15:06.160 --> 0:15:09.720
<v Speaker 1>Number, Mandy, do you see in Vidia keeping up with

0:15:09.840 --> 0:15:13.200
<v Speaker 1>the demand that that kind of spending entails.

0:15:13.720 --> 0:15:13.920
<v Speaker 2>Yeah.

0:15:13.960 --> 0:15:17.520
<v Speaker 4>In fact, I was at CEES this year and then

0:15:17.960 --> 0:15:22.240
<v Speaker 4>at Davos as well, and Jensen said demand is really

0:15:22.320 --> 0:15:26.920
<v Speaker 4>strong at least ten times you know, during those big events.

0:15:26.920 --> 0:15:31.840
<v Speaker 4>So clearly he anticipated this and Nvidia has been preparing

0:15:32.000 --> 0:15:35.120
<v Speaker 4>for this kind of step up and demand. The one

0:15:35.200 --> 0:15:38.480
<v Speaker 4>caveat here is what we are hearing from companies about

0:15:38.520 --> 0:15:42.360
<v Speaker 4>memory prices, and every company that has reported so far

0:15:42.440 --> 0:15:45.800
<v Speaker 4>on the hardware side has called out, you know, memory

0:15:45.840 --> 0:15:49.880
<v Speaker 4>pricing being a challenge. I think Nvidia, given their scale,

0:15:50.840 --> 0:15:54.200
<v Speaker 4>has probably managed it far better than some of the

0:15:54.400 --> 0:15:58.920
<v Speaker 4>smaller companies. But there's no doubt that memory is having

0:15:58.960 --> 0:16:03.360
<v Speaker 4>an impact on the supply chain this quarter and most

0:16:03.440 --> 0:16:05.520
<v Speaker 4>likely for the next couple of quarters at least.

0:16:05.600 --> 0:16:07.600
<v Speaker 1>Now give us your view on that, Coon, John, because

0:16:07.800 --> 0:16:10.000
<v Speaker 1>to man Deep's point, that is something that we've been

0:16:10.040 --> 0:16:14.360
<v Speaker 1>hearing a lot from many companies, even outside the hyperscalers,

0:16:14.360 --> 0:16:18.560
<v Speaker 1>that these memory prices are potential crimp to their margins.

0:16:19.280 --> 0:16:21.880
<v Speaker 5>Yeah, I mean that is true, and as an industry

0:16:21.920 --> 0:16:24.360
<v Speaker 5>they just have to deal with it. But given you know,

0:16:24.520 --> 0:16:27.240
<v Speaker 5>in the terms of stack of priority, look and media

0:16:27.280 --> 0:16:30.080
<v Speaker 5>is of course going to get the first priority. We

0:16:30.240 --> 0:16:33.560
<v Speaker 5>have seen, including Nvidia, but we have seen from the

0:16:33.640 --> 0:16:38.880
<v Speaker 5>memory players that they are reprioritizing key markets, which is

0:16:38.920 --> 0:16:41.720
<v Speaker 5>the data center, which is the latest and greatest servers,

0:16:41.760 --> 0:16:43.880
<v Speaker 5>because that's where they get the most profit and the

0:16:43.920 --> 0:16:49.520
<v Speaker 5>most dollar. And Nvidia also has prioritized and has actually

0:16:49.560 --> 0:16:53.840
<v Speaker 5>announced that they're going to not ship enough gaming GPUs

0:16:53.840 --> 0:16:56.760
<v Speaker 5>because they want to prioritize the memory that goes to

0:16:56.800 --> 0:16:59.800
<v Speaker 5>the server GPUs. So we think Nvidia should be okay.

0:17:00.200 --> 0:17:05.760
<v Speaker 5>The smaller, much more not sophisticated players and players outside

0:17:05.760 --> 0:17:09.159
<v Speaker 5>of the data center will see some impact of taking

0:17:09.320 --> 0:17:12.000
<v Speaker 5>allogation away from them or not getting the key allogation,

0:17:12.119 --> 0:17:15.280
<v Speaker 5>but Nvidia and hyperscalers should mostly be okay.

0:17:15.720 --> 0:17:19.119
<v Speaker 1>Now we know that in Video is an industry leader

0:17:19.200 --> 0:17:21.360
<v Speaker 1>in the GPUs, but we hear all this talk as

0:17:21.400 --> 0:17:26.679
<v Speaker 1>well about TPUs. How could that be playing out in

0:17:26.720 --> 0:17:28.359
<v Speaker 1>the earnings when they report.

0:17:28.920 --> 0:17:32.600
<v Speaker 4>Yeah, I think what we saw from Google is one

0:17:33.280 --> 0:17:38.280
<v Speaker 4>they expect, you know again fifty percent of their deployments

0:17:38.320 --> 0:17:42.160
<v Speaker 4>to go towards their cloud business, and the cloud business

0:17:42.200 --> 0:17:45.840
<v Speaker 4>seems to be accelerating. We saw a quarter with forty

0:17:45.880 --> 0:17:50.159
<v Speaker 4>eight percent cloud growth, which is far better than the

0:17:50.240 --> 0:17:55.320
<v Speaker 4>other hyperscalers and with you know, better margins. So I

0:17:55.359 --> 0:17:59.160
<v Speaker 4>think where the TPUs story is really solid for someone

0:17:59.280 --> 0:18:03.159
<v Speaker 4>like Google is the fact that one it's vertical stack

0:18:03.240 --> 0:18:07.800
<v Speaker 4>integration that gives them a much better you know, token

0:18:07.880 --> 0:18:11.159
<v Speaker 4>per what sort of a metric compared to other hyperscalers.

0:18:11.200 --> 0:18:16.400
<v Speaker 4>And also, I think in terms of kapex efficiency, Google

0:18:16.520 --> 0:18:20.520
<v Speaker 4>probably is the best position when it comes to the hyperscaler.

0:18:20.600 --> 0:18:24.480
<v Speaker 4>So it'll be interesting to see, you know, what Microsoft

0:18:24.680 --> 0:18:27.800
<v Speaker 4>and Meta end up doing, given Amazon has also talked

0:18:27.800 --> 0:18:31.920
<v Speaker 4>about ramping up their Traanium chips their own A six.

0:18:32.040 --> 0:18:37.040
<v Speaker 4>So both Amazon and Google are a tailwind for someone

0:18:37.160 --> 0:18:40.320
<v Speaker 4>like Broadcom, which Kunjin can talk more about. But clearly

0:18:41.160 --> 0:18:44.480
<v Speaker 4>I think Microsoft and Meta are probably more reliant on

0:18:44.600 --> 0:18:46.840
<v Speaker 4>Nvidia at this point than the other hyperscalers.

0:18:46.960 --> 0:18:49.760
<v Speaker 1>We're speaking with Mandeep Saying, Global head of Tech research

0:18:49.760 --> 0:18:54.480
<v Speaker 1>at Bloomberg Intelligence, and BI Senior Semiconductor's analyst Kunjohn Sabani.

0:18:54.720 --> 0:18:57.720
<v Speaker 1>Kenjohn Let's pick up off of Mandeep's point about how

0:18:57.920 --> 0:19:01.240
<v Speaker 1>Nvidia is weathering the competition and from some of these

0:19:01.320 --> 0:19:04.360
<v Speaker 1>other chip players, not just the TPUs but the likes

0:19:04.359 --> 0:19:06.440
<v Speaker 1>of Broadcom, AMD, Micron.

0:19:08.960 --> 0:19:11.840
<v Speaker 5>Yeah, I mean Look, there is no doubt and we

0:19:12.560 --> 0:19:15.840
<v Speaker 5>have a forecast in our latest AI chip Deep Type

0:19:15.840 --> 0:19:18.360
<v Speaker 5>that we are published, But there is no doubt that

0:19:18.520 --> 0:19:21.359
<v Speaker 5>a six R, which is the likes of a TPU

0:19:21.400 --> 0:19:24.480
<v Speaker 5>and a trainium are going to grow fast and to

0:19:24.600 --> 0:19:29.040
<v Speaker 5>some degree definitely take share away from in Media. It's

0:19:29.240 --> 0:19:33.240
<v Speaker 5>GPU competitor, which is from AMD, is also getting ready

0:19:33.280 --> 0:19:36.800
<v Speaker 5>to ship its first server level solution in second half

0:19:36.800 --> 0:19:40.160
<v Speaker 5>twenty six. So look, competition is coming from all angles.

0:19:40.640 --> 0:19:42.960
<v Speaker 5>Having said that, though you know, and Media is also

0:19:43.760 --> 0:19:47.359
<v Speaker 5>not sitting on his heels. They have been trying to

0:19:47.440 --> 0:19:51.520
<v Speaker 5>explore different areas and markets. One example is they have

0:19:51.600 --> 0:19:54.600
<v Speaker 5>announced they are going to start selling their best in

0:19:54.680 --> 0:19:57.960
<v Speaker 5>class ARM based CPU as a stand alone chips, so

0:19:58.480 --> 0:20:00.679
<v Speaker 5>entering into a brand new TAM that they didn't have

0:20:00.760 --> 0:20:03.840
<v Speaker 5>access to it in the past. And we think, you know,

0:20:03.880 --> 0:20:07.280
<v Speaker 5>beyond just server GPUs, they will be making forays into

0:20:07.320 --> 0:20:10.960
<v Speaker 5>a lot more other areas of AI, whether it's automotive,

0:20:10.960 --> 0:20:14.720
<v Speaker 5>whether it's physical AI. So right now the demand is

0:20:14.760 --> 0:20:18.359
<v Speaker 5>so high that despite such high competition that I talked about,

0:20:18.520 --> 0:20:21.480
<v Speaker 5>in Media can still continue growing really handsomely, at least

0:20:21.480 --> 0:20:22.960
<v Speaker 5>for the next two to three years.

0:20:23.320 --> 0:20:27.520
<v Speaker 1>Matthew how do you see Video's growth rejectory at this point,

0:20:27.880 --> 0:20:31.520
<v Speaker 1>not just on the chips, but growing into other markets.

0:20:31.240 --> 0:20:34.160
<v Speaker 1>Does Video even need to grow into other markets? When

0:20:34.400 --> 0:20:36.720
<v Speaker 1>the hyperscalers you're talking about the kind of spending that

0:20:36.760 --> 0:20:37.320
<v Speaker 1>they are.

0:20:37.800 --> 0:20:40.720
<v Speaker 4>Well, you have to think, you know, one or two

0:20:40.800 --> 0:20:43.760
<v Speaker 4>years ahead, because the kind of levels we are seeing

0:20:43.800 --> 0:20:46.760
<v Speaker 4>with capex and you know, as I said, we'll see

0:20:46.800 --> 0:20:49.680
<v Speaker 4>another year of sixty percent growth. We already had two

0:20:49.720 --> 0:20:54.160
<v Speaker 4>years of sixty to seventy percent CAPEX growth. These kind

0:20:54.200 --> 0:20:57.000
<v Speaker 4>of growth levels are not sustainable. I mean, there is

0:20:57.080 --> 0:21:01.119
<v Speaker 4>no doubt that growth in CAPEX will taper off. And

0:21:01.280 --> 0:21:04.720
<v Speaker 4>you know we are already talking about trillion dollars plus

0:21:04.720 --> 0:21:07.680
<v Speaker 4>in CAPEX. So from this point on, you know, six

0:21:07.800 --> 0:21:10.879
<v Speaker 4>hundred and fifty billion, you will see a deceleration in

0:21:10.960 --> 0:21:14.119
<v Speaker 4>capex grud. So the question for Nvidia is if there

0:21:14.160 --> 0:21:17.679
<v Speaker 4>is competition coming, do they want to move up the stack,

0:21:17.720 --> 0:21:20.760
<v Speaker 4>which they've already done with the release of a foundational

0:21:20.800 --> 0:21:24.119
<v Speaker 4>model on the autonomous driving side, the Alpmyle model that

0:21:24.160 --> 0:21:27.720
<v Speaker 4>they've released, And that's where you know, they'll have to

0:21:27.800 --> 0:21:30.640
<v Speaker 4>pick their spots in terms of what are the areas

0:21:30.720 --> 0:21:34.800
<v Speaker 4>where they feel like They've got a lot in terms

0:21:34.840 --> 0:21:38.760
<v Speaker 4>of the adjacent capabilities. They've already have a very sizable

0:21:38.800 --> 0:21:42.520
<v Speaker 4>networking business. Then that Kunjin can talk about. But to me,

0:21:42.680 --> 0:21:46.920
<v Speaker 4>the key is what kind of advantage these foundational models

0:21:46.960 --> 0:21:50.639
<v Speaker 4>that are trained on the latest Blackwell architecture can show

0:21:50.760 --> 0:21:53.560
<v Speaker 4>versus the A six and how big that gap is,

0:21:53.640 --> 0:21:56.480
<v Speaker 4>Because at the end of the day, companies that are

0:21:56.600 --> 0:22:00.200
<v Speaker 4>using the Nvidia clusters want to see, you know, whether

0:22:00.280 --> 0:22:04.679
<v Speaker 4>it's performance in terms of tokens for what, or you know,

0:22:04.720 --> 0:22:08.680
<v Speaker 4>the intelligence layer being better versus some of the other

0:22:08.720 --> 0:22:11.840
<v Speaker 4>foundational models that are not trained on Invidia chips and

0:22:11.880 --> 0:22:15.080
<v Speaker 4>that sort of distinction is very important to keep, you know,

0:22:15.119 --> 0:22:18.440
<v Speaker 4>the gross margins that Nvidia has versus the competition.

0:22:18.680 --> 0:22:20.439
<v Speaker 1>I pick up on that, kin John, how do you

0:22:20.480 --> 0:22:23.960
<v Speaker 1>see in Nvidia sort of growing into some of that story.

0:22:25.640 --> 0:22:28.639
<v Speaker 5>Yeah, I mean, look mentioned about networking, just to just

0:22:28.680 --> 0:22:31.399
<v Speaker 5>give a point of reference, This is not an area

0:22:31.760 --> 0:22:36.400
<v Speaker 5>Nvidia was playing up until even just two years back. Today,

0:22:36.520 --> 0:22:39.960
<v Speaker 5>the revenues from networking are going to run close to

0:22:40.680 --> 0:22:44.600
<v Speaker 5>thirty billion figure for the full year. Nvidia was not

0:22:44.640 --> 0:22:48.200
<v Speaker 5>even doing thirty billion as a whole company up back

0:22:48.200 --> 0:22:51.640
<v Speaker 5>in until twenty twenty three, So that's just to set

0:22:51.680 --> 0:22:55.120
<v Speaker 5>an example of that they have been mentioning into new

0:22:55.160 --> 0:22:59.240
<v Speaker 5>areas moving up the stack, whether it is hardware, whether

0:22:59.359 --> 0:23:03.480
<v Speaker 5>going beyond GPUs into networking and CPUs, or whether going

0:23:03.520 --> 0:23:08.560
<v Speaker 5>into software ecosystem, whether it's through NIMS, through models, through

0:23:08.600 --> 0:23:11.479
<v Speaker 5>their Omniverus software stack. So they've shown a lot of

0:23:11.480 --> 0:23:15.080
<v Speaker 5>success in terms of expanding these businesses from nothing to

0:23:15.200 --> 0:23:16.359
<v Speaker 5>billions of dollars today.

0:23:16.560 --> 0:23:21.879
<v Speaker 1>Mandi Kunjohn mentioned earlier that Jensen Wang talked about the

0:23:21.960 --> 0:23:25.360
<v Speaker 1>Rubin chip getting introduced in the second half of this year.

0:23:25.400 --> 0:23:28.600
<v Speaker 1>Do you expect to hear more clarity from Jensen Wang

0:23:28.640 --> 0:23:31.040
<v Speaker 1>when it comes to that next generationship in the earnings

0:23:31.200 --> 0:23:31.920
<v Speaker 1>next week.

0:23:31.960 --> 0:23:34.800
<v Speaker 4>Yeah, earnings as well as they have their GtC event

0:23:34.920 --> 0:23:37.919
<v Speaker 4>coming up in March, so clearly, you know, there was

0:23:37.960 --> 0:23:41.719
<v Speaker 4>a reason why Jensen pulled forward that announcement of the

0:23:41.800 --> 0:23:46.240
<v Speaker 4>new chip to CES just to set expectations that they're

0:23:46.320 --> 0:23:51.320
<v Speaker 4>really aggressive about pushing out the new architecture and introduce

0:23:51.400 --> 0:23:54.199
<v Speaker 4>that in the second half. And I do expect, you know,

0:23:54.280 --> 0:23:57.840
<v Speaker 4>the performance gains to be a big part of how

0:23:57.880 --> 0:24:00.800
<v Speaker 4>they continue to show that they are ahead of competition,

0:24:00.960 --> 0:24:04.880
<v Speaker 4>including a MD and the A six provider. So, as

0:24:04.880 --> 0:24:07.719
<v Speaker 4>I said, in the end, it comes down to you

0:24:07.760 --> 0:24:12.280
<v Speaker 4>know how, and Vidia's chips are helping address the power

0:24:12.320 --> 0:24:15.480
<v Speaker 4>greed times. For everything that we are dealing with right now,

0:24:15.920 --> 0:24:19.760
<v Speaker 4>power has the longest lead time. And if Nvidia can

0:24:19.960 --> 0:24:23.720
<v Speaker 4>address that power constraint and maximize you know, the throughput

0:24:24.080 --> 0:24:26.919
<v Speaker 4>per unit of power, then they will continue to command

0:24:26.920 --> 0:24:29.320
<v Speaker 4>premium pricing, which has been their page all along.

0:24:29.640 --> 0:24:33.199
<v Speaker 1>And Kun John, what's the most important question that Jensen

0:24:33.240 --> 0:24:35.720
<v Speaker 1>Wong needs to answer in the earnings call next week?

0:24:36.119 --> 0:24:38.880
<v Speaker 5>And it will be two questions. One is everyone's going

0:24:38.920 --> 0:24:42.800
<v Speaker 5>to try and figure out the shape or increase of

0:24:42.920 --> 0:24:45.960
<v Speaker 5>that five hundred billion pipeline that he had mentioned, So

0:24:46.080 --> 0:24:48.840
<v Speaker 5>that's going to be most of the analysts.

0:24:48.880 --> 0:24:51.399
<v Speaker 1>Goal really appreciate this. Thanks to both of you for

0:24:51.480 --> 0:24:54.200
<v Speaker 1>being with us. That's Kun John Sabani and man Deep

0:24:54.240 --> 0:24:58.600
<v Speaker 1>Sing of Bloomberg Intelligence. And up next, the World's Richest

0:24:58.640 --> 0:25:01.080
<v Speaker 1>Man goes After open A, we'll get an update on

0:25:01.160 --> 0:25:05.160
<v Speaker 1>Elon Musk's lawsuit against the maker of chat GPT. It's

0:25:05.200 --> 0:25:08.400
<v Speaker 1>thirty seven minutes past the hour. I'm Nathan Hager and

0:25:08.440 --> 0:25:21.000
<v Speaker 1>this is Bloomberg. Thank you so much for joining us.

0:25:21.040 --> 0:25:24.320
<v Speaker 1>On this special edition of Bloomberg Daybreak. US markets are

0:25:24.359 --> 0:25:27.639
<v Speaker 1>closed for the President's Day holiday. I'm Nathan Hager. We

0:25:27.720 --> 0:25:30.959
<v Speaker 1>turned out to a couple high profile legal cases. The

0:25:31.000 --> 0:25:35.119
<v Speaker 1>world's richest man, Elon Musk, is suing open Ai, a

0:25:35.200 --> 0:25:38.440
<v Speaker 1>company he co founded. That trial set to begin in April.

0:25:38.800 --> 0:25:43.400
<v Speaker 1>For more, We're joined by Bloomberg Intelligence litigation analyst Matthew Shettenhelm. Matt,

0:25:43.400 --> 0:25:46.240
<v Speaker 1>thanks for coming on with us. Remind us first off,

0:25:46.280 --> 0:25:48.680
<v Speaker 1>on the background of this case. Why is Elon Musk

0:25:48.720 --> 0:25:49.520
<v Speaker 1>suing open Ai.

0:25:49.840 --> 0:25:53.480
<v Speaker 6>Yeah, this goes back to Open Eyes founding about ten

0:25:53.560 --> 0:25:57.560
<v Speaker 6>years ago, when Elon Musk was one of the principal

0:25:57.720 --> 0:26:03.840
<v Speaker 6>contributors to the funding of its startup. And the allegation

0:26:04.240 --> 0:26:07.520
<v Speaker 6>that Musk is making in this lawsuit is that when

0:26:07.760 --> 0:26:12.280
<v Speaker 6>when open ai was created, it was under the idea

0:26:12.480 --> 0:26:15.840
<v Speaker 6>that it would remain a non profit and that it

0:26:15.840 --> 0:26:20.439
<v Speaker 6>would be focused on contributing to the good of the world,

0:26:21.119 --> 0:26:26.560
<v Speaker 6>not contributing to private profits. And and so the the

0:26:26.600 --> 0:26:30.960
<v Speaker 6>basic claim that Musk is making now some ten years

0:26:31.040 --> 0:26:37.800
<v Speaker 6>later is that basically he was deceived in contributing what

0:26:38.200 --> 0:26:42.240
<v Speaker 6>adds up to about thirty eight million dollars in startup

0:26:42.280 --> 0:26:50.679
<v Speaker 6>contributions that open ai and Microsoft basically misrepresented how the

0:26:50.720 --> 0:26:54.080
<v Speaker 6>company would operate, and so Musk he threw the whole

0:26:54.160 --> 0:26:57.280
<v Speaker 6>kitchen sink at the companies in his complaint. But it's

0:26:57.320 --> 0:27:01.119
<v Speaker 6>been narrowed down now to two or three claims that

0:27:01.119 --> 0:27:04.680
<v Speaker 6>that basically say one that that that the companies were

0:27:04.720 --> 0:27:10.359
<v Speaker 6>fraudulent in in in pursuing now a shift to a

0:27:10.400 --> 0:27:16.520
<v Speaker 6>for profit model, and they the companies were unjustly enriched,

0:27:16.640 --> 0:27:19.800
<v Speaker 6>and that the companies created a charitable trust and now

0:27:19.800 --> 0:27:22.960
<v Speaker 6>they've reached that charitable trust and we're now on track

0:27:23.000 --> 0:27:24.879
<v Speaker 6>for a trial on those issues.

0:27:25.400 --> 0:27:28.680
<v Speaker 1>Well, Elon Musk is asking for a lot more though

0:27:28.760 --> 0:27:31.760
<v Speaker 1>than just his thirty eight million dollars back, right, I mean,

0:27:31.800 --> 0:27:35.040
<v Speaker 1>he's seeking tens of billions from these companies.

0:27:35.520 --> 0:27:39.360
<v Speaker 6>Yeah, that's That's the really interesting piece here is that

0:27:40.560 --> 0:27:44.200
<v Speaker 6>in January Musk made a filing in the case because

0:27:44.240 --> 0:27:47.280
<v Speaker 6>it hasn't been clear exactly what would be the remedy,

0:27:47.359 --> 0:27:51.840
<v Speaker 6>say Musk wins here it does the court just refocus

0:27:52.000 --> 0:27:55.400
<v Speaker 6>the company back to a charitable purpose or is there

0:27:55.480 --> 0:28:00.760
<v Speaker 6>monetary risk as well? To open ai and Microsoft and

0:28:01.119 --> 0:28:03.919
<v Speaker 6>Must pushed hard on that last piece and made a

0:28:03.960 --> 0:28:06.720
<v Speaker 6>filing that said, I'm not just seeking my thirty eight

0:28:06.760 --> 0:28:11.000
<v Speaker 6>million dollars back here. Open ai was unjustly enriched and

0:28:11.280 --> 0:28:14.840
<v Speaker 6>and owes me in the numbers he put in sixty

0:28:14.920 --> 0:28:17.960
<v Speaker 6>five to one hundred and nine billion dollars from open

0:28:18.000 --> 0:28:23.200
<v Speaker 6>Ai from Microsoft thirteen billion to twenty five billion dollars

0:28:23.240 --> 0:28:27.560
<v Speaker 6>that he's seeking as a remedy here. So that's, you know,

0:28:27.720 --> 0:28:31.000
<v Speaker 6>obviously a number that the companies have to take seriously.

0:28:31.359 --> 0:28:34.960
<v Speaker 6>I think it's a different question whether the court would

0:28:34.960 --> 0:28:39.840
<v Speaker 6>would really consider that as as a realistic remedy or

0:28:39.880 --> 0:28:42.320
<v Speaker 6>if that's more of a play here for leverage and

0:28:42.640 --> 0:28:47.720
<v Speaker 6>potentially shaping some sort of settlements to threaten numbers on

0:28:47.760 --> 0:28:50.920
<v Speaker 6>that scale. Must calculates those through an expert based on

0:28:50.960 --> 0:28:55.160
<v Speaker 6>the valuation of open Ai, not on any actual returns

0:28:55.320 --> 0:28:58.400
<v Speaker 6>for the company that that that have been unjustly received it,

0:28:58.520 --> 0:29:00.280
<v Speaker 6>And I think a court's going to have a real

0:29:00.360 --> 0:29:05.520
<v Speaker 6>concern with calculating any sort of damages on valuation as

0:29:05.680 --> 0:29:08.480
<v Speaker 6>Must does, so I bring a lot of skepticism to

0:29:08.560 --> 0:29:11.800
<v Speaker 6>that number. I think potentially the bigger risk for open

0:29:11.840 --> 0:29:15.440
<v Speaker 6>i and Microsoft might be the changes to its model

0:29:15.480 --> 0:29:18.400
<v Speaker 6>going forward if the court insists that it needs to

0:29:18.440 --> 0:29:23.200
<v Speaker 6>be focused on a charitable purpose. That could be, you know,

0:29:23.440 --> 0:29:28.640
<v Speaker 6>substantial changes to the contracts and the model that the

0:29:28.640 --> 0:29:32.880
<v Speaker 6>companies are pursuing now, and Microsoft's made a substantial investment

0:29:33.120 --> 0:29:36.480
<v Speaker 6>in open Ai. Open Ai might be exploring an IPO.

0:29:38.080 --> 0:29:41.680
<v Speaker 6>Potential disruption there, to me is probably the bigger risk

0:29:41.760 --> 0:29:44.680
<v Speaker 6>than these gigantic numbers that Musk is throwing around.

0:29:44.920 --> 0:29:47.280
<v Speaker 1>So how are you thinking this is going to potentially

0:29:47.320 --> 0:29:47.800
<v Speaker 1>play out?

0:29:47.840 --> 0:29:48.040
<v Speaker 2>Here?

0:29:48.200 --> 0:29:50.560
<v Speaker 1>Is a settlement? What you're thinking is going to be

0:29:50.600 --> 0:29:52.920
<v Speaker 1>the most likely outcome? And what would a settlement potentially

0:29:52.920 --> 0:29:53.280
<v Speaker 1>look like?

0:29:54.160 --> 0:29:56.840
<v Speaker 6>Yeah, so you know, so we're headed towards a trial

0:29:57.080 --> 0:30:00.000
<v Speaker 6>in April twenty seventh. A jury trial and ury ty

0:30:00.360 --> 0:30:05.640
<v Speaker 6>are inherently risky, and you you have potentially big numbers here.

0:30:06.000 --> 0:30:10.120
<v Speaker 6>You know, settlements are are are always a real possibility.

0:30:10.360 --> 0:30:13.560
<v Speaker 6>At the same time, I think open Ai and Microsoft

0:30:14.000 --> 0:30:16.800
<v Speaker 6>think they have pretty strong legal arguments that this case

0:30:16.920 --> 0:30:19.680
<v Speaker 6>never should have even reached this point, that it should

0:30:19.720 --> 0:30:21.680
<v Speaker 6>never even be going to a jury. The judge has

0:30:22.360 --> 0:30:27.520
<v Speaker 6>repeatedly refused to stop the case they reject. She rejected

0:30:27.520 --> 0:30:31.480
<v Speaker 6>the motion for dismissal, the motion for summary judgment. I

0:30:31.480 --> 0:30:34.200
<v Speaker 6>think the companies might want to try you know, to

0:30:34.240 --> 0:30:36.920
<v Speaker 6>appeal this and and to challenge those rulings. But the

0:30:36.960 --> 0:30:39.440
<v Speaker 6>problem for them is they can't do it before this

0:30:39.480 --> 0:30:42.600
<v Speaker 6>goes to the jury. So it's a tough call to

0:30:42.640 --> 0:30:45.120
<v Speaker 6>see how this plays out. There's a chance the companies say, look,

0:30:45.120 --> 0:30:46.600
<v Speaker 6>you know, let's roll the dice with the jury and

0:30:46.640 --> 0:30:50.360
<v Speaker 6>we can always appeal it afterwards, especially if the jury

0:30:50.400 --> 0:30:53.160
<v Speaker 6>isn't asked to go to to remedy, it's just to

0:30:53.240 --> 0:30:54.880
<v Speaker 6>go to to liability.

0:30:55.120 --> 0:30:56.200
<v Speaker 2>So we'll see.

0:30:56.360 --> 0:31:00.800
<v Speaker 6>It's really hard to say what a settlement looks like here.

0:31:00.880 --> 0:31:06.960
<v Speaker 6>Given you the unprecedented nature of this suit, it's hard

0:31:07.000 --> 0:31:09.800
<v Speaker 6>to see a concrete framework. I'm skeptical that those big

0:31:09.920 --> 0:31:14.520
<v Speaker 6>dollar amounts come into play in any sort of settlement.

0:31:14.800 --> 0:31:18.080
<v Speaker 6>But you know, you have big personalities here, obviously with

0:31:18.160 --> 0:31:20.880
<v Speaker 6>Elon Musk and Sam Altman, who don't get along very well,

0:31:21.200 --> 0:31:24.760
<v Speaker 6>and so to try to envision in an exact way

0:31:24.800 --> 0:31:28.360
<v Speaker 6>that they would structure a settlement, it's too early to say.

0:31:28.800 --> 0:31:30.800
<v Speaker 1>Thanks for this, Matt, great having you on with us.

0:31:30.880 --> 0:31:35.200
<v Speaker 1>That's Bloomberg Intelligence litigation analyst Matthew Shettenhelm. Another case in

0:31:35.240 --> 0:31:38.320
<v Speaker 1>the National Spotlight is set for next month. The Justice

0:31:38.320 --> 0:31:43.040
<v Speaker 1>Departments antitrust lawsuit against Live Nation and Ticketmaster. For more

0:31:43.080 --> 0:31:46.040
<v Speaker 1>on this, we're joined by Bloomberg Intelligence senior litigation analyst

0:31:46.160 --> 0:31:48.720
<v Speaker 1>Jennifer ree. Jen give us the background on this one.

0:31:48.800 --> 0:31:51.840
<v Speaker 1>Is this just about how much we're paying for tickets

0:31:51.960 --> 0:31:53.440
<v Speaker 1>to go to concerts and things?

0:31:54.200 --> 0:31:56.680
<v Speaker 7>Well, that's part of it. I mean, the allegations are

0:31:56.720 --> 0:32:00.280
<v Speaker 7>that those fees that get tacked onto tickets for consorts

0:32:00.320 --> 0:32:03.120
<v Speaker 7>that we all know so well are a result of

0:32:03.480 --> 0:32:07.040
<v Speaker 7>Live Nation just essentially having too much dominance in control

0:32:07.280 --> 0:32:11.320
<v Speaker 7>sort of across the entire ecosystem for large concerts. You know,

0:32:11.520 --> 0:32:15.200
<v Speaker 7>it's in promotions, it manages artists, it owns venues, and

0:32:15.240 --> 0:32:18.200
<v Speaker 7>it owns ticket Master, which it acquired in twenty ten.

0:32:18.760 --> 0:32:21.240
<v Speaker 7>And what's been alleged here by the Department of Justice

0:32:21.280 --> 0:32:23.280
<v Speaker 7>and a large group of states, by the way, forty

0:32:23.320 --> 0:32:26.000
<v Speaker 7>of them have joined this case, is that the company

0:32:26.080 --> 0:32:29.040
<v Speaker 7>has kind of engaged in this long laundry list of

0:32:30.040 --> 0:32:34.920
<v Speaker 7>exclusionary conduct intended to maintain its monopoly positions in a

0:32:34.960 --> 0:32:39.280
<v Speaker 7>couple different markets. You know, under anti trust laws, it's

0:32:39.280 --> 0:32:41.480
<v Speaker 7>not really good enough just to have a monopoly position.

0:32:41.760 --> 0:32:44.680
<v Speaker 7>But if you're in a monopoly position, meaning like maybe

0:32:44.720 --> 0:32:47.760
<v Speaker 7>seventy percent or more market share in a market, if

0:32:47.800 --> 0:32:51.160
<v Speaker 7>you engage in conduct intended to exclude your competitors and

0:32:51.200 --> 0:32:53.760
<v Speaker 7>to maintain that position in kind of in an unfair way,

0:32:54.200 --> 0:32:56.800
<v Speaker 7>that's where you get across the anti trust lines. And

0:32:56.840 --> 0:32:58.960
<v Speaker 7>so that's what they're accusing Live Nation of here.

0:32:59.600 --> 0:33:03.920
<v Speaker 1>So based on your analysis, what's the thinking about whether

0:33:04.160 --> 0:33:08.200
<v Speaker 1>that type of behavior has been displayed by Live Nation

0:33:08.280 --> 0:33:09.000
<v Speaker 1>and Ticketmaster.

0:33:09.960 --> 0:33:12.360
<v Speaker 7>Well, based on what I've seen so far, the facts

0:33:12.360 --> 0:33:14.800
<v Speaker 7>that are in the complaint and whatever they've allowed us

0:33:14.840 --> 0:33:17.040
<v Speaker 7>to see publicly because quite a lot is redacted, it

0:33:17.080 --> 0:33:19.720
<v Speaker 7>looks like the Department of Justice has some really good

0:33:19.760 --> 0:33:23.680
<v Speaker 7>evidence and I believe has a strong case here. This

0:33:23.720 --> 0:33:26.320
<v Speaker 7>will go before a jury, and so it would be

0:33:26.320 --> 0:33:29.120
<v Speaker 7>a jury that would decide on liability. A judge would

0:33:29.120 --> 0:33:31.800
<v Speaker 7>decide on remedy, but a jury would look at what

0:33:31.840 --> 0:33:34.720
<v Speaker 7>the evidence the Department of Justice puts in front of it.

0:33:35.280 --> 0:33:39.000
<v Speaker 7>But Nathan, there is some possibility that this case would

0:33:39.000 --> 0:33:42.960
<v Speaker 7>not get there because there is a possibility that the

0:33:43.000 --> 0:33:45.680
<v Speaker 7>company could settle with the Department of Justice before they

0:33:45.720 --> 0:33:46.600
<v Speaker 7>get to that trial.

0:33:46.840 --> 0:33:48.360
<v Speaker 1>Okay, what has you think in that.

0:33:49.640 --> 0:33:53.520
<v Speaker 7>Well, this is mostly coming from news reports and from

0:33:53.600 --> 0:33:56.440
<v Speaker 7>a pattern that we're beginning to see at the Department

0:33:56.520 --> 0:33:59.000
<v Speaker 7>of Justice. You know, it has a division called the

0:33:59.000 --> 0:34:02.040
<v Speaker 7>Antitrust Division, and that is staffed with those people who

0:34:02.080 --> 0:34:05.960
<v Speaker 7>are anti trust experts. They are anti trust lawyers, economists,

0:34:06.120 --> 0:34:08.520
<v Speaker 7>They understand that area and the law, but they are

0:34:08.680 --> 0:34:13.800
<v Speaker 7>overseen by the Attorney General's Office, who aren't necessarily attorneys

0:34:13.800 --> 0:34:17.680
<v Speaker 7>with anti trust experience, but can override the decisions of

0:34:17.719 --> 0:34:21.439
<v Speaker 7>the division. And we have what has been alleged, because

0:34:21.480 --> 0:34:24.160
<v Speaker 7>I have no firsthand knowledge, but what has been reported

0:34:24.800 --> 0:34:29.560
<v Speaker 7>is that some very well connected Republican lobbyists, or I

0:34:29.560 --> 0:34:31.920
<v Speaker 7>should say sort of in the MAGA side of the

0:34:31.960 --> 0:34:36.359
<v Speaker 7>Republican Party lobbyists have successfully been able to go over

0:34:36.400 --> 0:34:39.200
<v Speaker 7>the heads of the Anti trust Division lawyers and procure

0:34:39.200 --> 0:34:43.120
<v Speaker 7>settlements for their clients against the will of the anti

0:34:43.120 --> 0:34:46.320
<v Speaker 7>trust experts at the DOJ. And there is a suggestion

0:34:46.440 --> 0:34:49.000
<v Speaker 7>that Live Nation is trying to that strategy here too,

0:34:49.040 --> 0:34:51.600
<v Speaker 7>that they've hired quite a few people that are very

0:34:51.600 --> 0:34:55.080
<v Speaker 7>influential with the Trump administration. For instance, Kelly an Conway

0:34:55.760 --> 0:35:00.680
<v Speaker 7>is one. They put Richard Grinnell, who is a Trump confidant,

0:35:01.280 --> 0:35:05.160
<v Speaker 7>on the board of and who is running the Kennedy Center,

0:35:05.320 --> 0:35:08.440
<v Speaker 7>they put him on their board, and apparently, according to

0:35:08.480 --> 0:35:11.319
<v Speaker 7>news reports, they have lobbyists roaming the halls of the

0:35:11.320 --> 0:35:14.640
<v Speaker 7>Department of Justice on a pretty consistent basis. So they're

0:35:14.640 --> 0:35:19.080
<v Speaker 7>working hard, I think, to get to a settlement. And

0:35:19.280 --> 0:35:23.480
<v Speaker 7>we have seen this tactic has success in the past,

0:35:23.840 --> 0:35:27.320
<v Speaker 7>namely with respect to Hewlett Packard in its attempt to

0:35:27.320 --> 0:35:30.399
<v Speaker 7>acquire Juniper that was first challenged by the DOJ Anti

0:35:30.440 --> 0:35:33.040
<v Speaker 7>Trust lawyers, and also with respect to a deal between

0:35:33.080 --> 0:35:36.959
<v Speaker 7>Compass and Anywhere Real Estate where the DOJ Anti Trust

0:35:37.000 --> 0:35:40.840
<v Speaker 7>Division was discouraged from opening an in depth investigation and

0:35:41.000 --> 0:35:43.279
<v Speaker 7>the deal was allowed to clear without much of a

0:35:43.320 --> 0:35:44.160
<v Speaker 7>deep look into it.

0:35:44.320 --> 0:35:46.160
<v Speaker 1>Well, do you have a sense of what kind of

0:35:46.360 --> 0:35:48.600
<v Speaker 1>settlement would satisfy the Justice Department?

0:35:50.239 --> 0:35:52.800
<v Speaker 7>So I think you know. Live Nation has been operating

0:35:52.880 --> 0:35:55.960
<v Speaker 7>under a DOJ consent order for years, since twenty ten.

0:35:56.040 --> 0:35:59.000
<v Speaker 7>That basically means an agreement, you know, a legal agreement

0:35:59.040 --> 0:36:01.479
<v Speaker 7>that they'll behave and their business in a certain way.

0:36:01.760 --> 0:36:04.120
<v Speaker 7>They had to enter that order in order to acquire

0:36:04.160 --> 0:36:06.960
<v Speaker 7>ticket Master. That was the agreement, and there have been

0:36:07.120 --> 0:36:11.279
<v Speaker 7>investigations since, analegations and a finding by the DOJ that

0:36:11.800 --> 0:36:14.480
<v Speaker 7>Live Nation did not comply with the terms of that

0:36:14.520 --> 0:36:17.880
<v Speaker 7>consent order, and it had a lot of elements to it,

0:36:17.960 --> 0:36:21.440
<v Speaker 7>but in particular, it wasn't supposed to strong arm venues

0:36:21.480 --> 0:36:24.319
<v Speaker 7>into using Ticketmaster as its ticketing agent, and it was

0:36:24.400 --> 0:36:27.200
<v Speaker 7>in fact doing that, So that consent order was kind

0:36:27.200 --> 0:36:31.719
<v Speaker 7>of bolstered and extended in twenty nineteen during Trump's first administration,

0:36:31.840 --> 0:36:34.880
<v Speaker 7>it just expired. So one of the things obviously that

0:36:34.880 --> 0:36:36.680
<v Speaker 7>the DJ could do is just go back to that

0:36:36.719 --> 0:36:41.239
<v Speaker 7>consent order bolster its terms further, since apparently Live Nation

0:36:41.320 --> 0:36:44.120
<v Speaker 7>hasn't really complied with those terms to begin with, and

0:36:44.239 --> 0:36:47.560
<v Speaker 7>extend that, let's say for another ten years. These would

0:36:47.560 --> 0:36:51.000
<v Speaker 7>be things like you cannot enter long term exclusive agreements

0:36:51.000 --> 0:36:54.839
<v Speaker 7>with venues you don't own. For Ticketmaster to be the

0:36:54.880 --> 0:36:57.480
<v Speaker 7>exclusive agent, you know, you have to allow other ticketing

0:36:57.480 --> 0:37:00.360
<v Speaker 7>agents to come in there and vuy for that for

0:37:00.440 --> 0:37:04.479
<v Speaker 7>that position for certain concerts. That obviously stop strong arming

0:37:04.560 --> 0:37:08.440
<v Speaker 7>venues and artists. And one of the allegations here is

0:37:08.440 --> 0:37:11.839
<v Speaker 7>that artists cannot play in the amphitheaters owned by Live

0:37:11.920 --> 0:37:15.600
<v Speaker 7>Nation unless they agreed to have Live Nation promote their tour.

0:37:16.000 --> 0:37:19.080
<v Speaker 7>So there would be something like, you know, you cannot

0:37:19.440 --> 0:37:21.520
<v Speaker 7>engage in that kind of conduct. You have to let

0:37:21.640 --> 0:37:24.239
<v Speaker 7>artists use your amphitheaters, but be free to pick their

0:37:24.239 --> 0:37:29.120
<v Speaker 7>own promoter. I think terms like that could possibly be

0:37:29.200 --> 0:37:32.040
<v Speaker 7>in a consent order that would allow for a settlement here.

0:37:32.239 --> 0:37:34.319
<v Speaker 1>All right, well we'll see how things go. Understand, this

0:37:34.360 --> 0:37:37.600
<v Speaker 1>is going to be hitting the courts rather quickly. That's

0:37:37.920 --> 0:37:42.360
<v Speaker 1>Jen Bartash is a senior litigation analyst for Bloomberg Intelligence.

0:37:42.680 --> 0:37:46.160
<v Speaker 1>Thanks as well to Bloomberg Intelligence as Matthew schttenhelm Man,

0:37:46.200 --> 0:37:49.960
<v Speaker 1>Deep Singh, Kun, John Sabani, Jen Bartashes, and Hunum Goyle.

0:37:50.560 --> 0:37:52.160
<v Speaker 1>Thanks to you as well for being with us on

0:37:52.280 --> 0:37:55.640
<v Speaker 1>this President Day holiday. I'm Nathan Hager. Stay with us.

0:37:55.680 --> 0:37:58.399
<v Speaker 1>Top stories and global business at lines are coming up

0:37:58.920 --> 0:37:59.719
<v Speaker 1>right now.