Hello, and welcome to the Votes and Verdicts podcast, hosted by the litigation and policy team at Bloomberg Intelligence, the investment research platform of Bloomberg LP. Bloomberg Intelligence has five hundred analysts and strategists working across the globe and focused on all major markets. Our coverage includes over two thousand equities and credits, and we have outlooks on more than ninety industries and one hundred market industries, currencies and commodities.
This podcast series examines the intersection of business policy and law. I'm Elliott Stein, an analysts with Bloomberg Intelligence covering financials litigation. The Forthcoming Conversation was a post election webinar that our Bloomberg Intelligence policy analysts hosted on November sean to discuss the industry impacts of the November fifth US elections, which saw Donald Trump win the presidency and Republicans take control
of the Senate. The House of Representatives has yet to be called as of this recording, but various new sources point to a likely slim Republican majority. I was joined by my colleagues Nathan Dean, Jenrie, Matt Schattenhelm, Holly from Justin TERESI Rob Barnett, Andrews Silverman, and Ben Elliott. I hope you enjoyed the episode.
Thank you.
We saw Donald Trump win the presidency and Republicans take control of the Senate. The House of Representatives has yet to be called as of this recording, but it does seem from various news sources at this point that is likely to also go to the Republicans. I'm Elliot Stein. I'm a litigation analyst with Bloomberg Intelligence. Thank you all for joining today. I'm delighted today to also be joined
by my bi policy analyst colleagues. We have several on the line here, so let me just introduce them quickly. We have Nathan Dean who covers financials policy, Ben Elliott, who covers Fannie May and Freddie Mack and the card lenders. Holly from who covers consumer and industrials policy and litigation. Justin Teresi and Jen Ree who cover antitrust policy in litigation. Andrews Silverman who covers tax policy, Rob Barnett who covers renewables,
and Matt Chettenhelm who covers TMT litigation and policy. So we have a lot of sectors and issues to cover today. So I'm going to stop my introductory remarks here and we'll start going around the horn to hear from all of my colleagues on this call. We're going to start with Holly from who, like I said, covers policy and litigation in the consumer sector as well as the industrial sector, since the imposition of tariffs is likely to be one of the first things we see President Trump do when
he takes office. So, Hollie, what why don't you come in tell us what you are thinking and seeing and expecting in terms of tarriffs and other issues in the consumer and industrial sectors.
Sure, thanks, Elliott. So, the top thing that we're looking at from Trump's administration that could impact consumer and industrial space are terroriffs, like you said, changes to electric vehicle policy, and potential revision to p pass rules. So I'll start with tariffs. Trump has made tariffs an important part of
his economic plan. He said he would impose terris of sixty percent on goods from China, and we think that could impact apparel companies like Nike and Adidas, who source fourteen to eighteen percent of their footwear from China according to BI estimates, and perhaps auto companies too, like Bolo and full Stars and some of their evs are meeting China.
Trump has also pledged tariffs at a rate of ten to twenty percent on goods from everywhere else, and we think that could impact a peril companies like Lululemon and All Birds, given they largely make products in Vietnam. Opponents have said Trump's tariffs could drive up per household costs by over two thousand dollars a year. So does Trump have the power to do that this The short answer
we think is yes, very such. He'd delegate congressional authority to the president to impose tariffs when, for example, they are necessary to tech national security, to prevent appreciation of the dollar, or when a foreign countries practices deny US rights under trade agreements or burning US commerce. This last section refers to powers granted to the president under section three oh one of the Trade Acts. President Trump used this power in twenty eighteen to impose terror some five
hundred billion dollars worth of goods. Multiple companies challenge these actions in the US Court of International Trade, which never ruled on the case because the Biden administigation took over and the case was rendered moot. But we think that those challenges were her, the court would have held them, and this is because courts have read terror powers very broadly. In fact, we have them openated a single case in which a court invalidated the president's imposition terror under this section.
So that is why we think this judicial challenge will fail. With regard to electric vehicle policies, we think there's a strong chance that tax credits granted in the Inflation Reduction Act to purchasers of eed vehicles in the amount of seven thousand, five hundred for new vehicles and four thousand dollars for used vehicles use DV vehicles could be scaled
back now that President Trump has been re elected. We also continued to try to scale back Biden administration EPA rules that required more stringent emission limits on light and medium d vehicles. While on the campaign trail, Trump pledged to eliminate a so called eb mandate, and when he was president, he attempted to scale back Obama EPA mission rules.
The elimination these credits and potential revision to EPA rules could benefit traditional automakers like Ford and Toyota, who have blessed EV penetration, and we think it could hurt ev companies and companies that provide charging our grid infrastructure for eeds like Sensada to connectivity and Eton. The final thing we expect may happen during Trump's administration relate to pe p fasts were so called forever chemicals are chemicals that have been found in the drinking water and have been
linked to serious, diverse health effects. The Biden administration ep and March promulgated rules that would make two of the most widely studied and harmful prefast hazardous hazardous substances under super Fund rules and would set maximum contaminant levels or MCLs and drinking water, and the EPA is set those levels in drinking water at four parts per trillion, which
is the lowest level that analytical equipment can detect. Industry stakeholders have fought back against this level, saying it doesn't make economic sense, it's not necessary to protect health, and
it's absorbitantly expensive. While in office, Trump had a p Fast action plan in which he intended to set MCLs and designate the substances hazardous, but that never came to fruition during his administration, and that Trump administration opposed a prior version of the Pfast Action Act, which would have done the same thing as the rules that would have set limits and designate the substance hazardous. Trump said he'd probably detailed that legislation because the costs out the benefits.
This is the same argument some industry stakeholders are making with respect to the MCL level or four parts per trillion, So we think the level will keep us. The four parts patrillion may be revisited by Trump's EPA, and if so, there may be less us too many factors like random which has been subject to lawsuits for alleged contamination, and other industries like waste companies who may be required to immediate or maybe themed responsible parties under super farm laws.
And so with that Elliott alternative, back to you.
Great, thanks Holly. All right, Rob Barnett, let's bring you in. Holly touched on IRA a little bit and evs you know nice with green energy, you cover renewables. Why don't you tell us what you're expecting in Trump two point zero.
Well, so first let me just start by observing that the clean energy space had a very tough day in the markets yesterday. We saw solar names really pull back the aggregate solar name, So if you look at our solar theme basket, the companies in that pulled back about ten percent on average yesterday. Some names went down more than that. I'm just looking at First Solar right now,
it had pulled back about twenty percent. Currently it's down about nine percent versus where it was pre market, and so it's kind of climbed back a little bit from that initial reaction following some information about the election results.
And I think, you know, this sort of vibe, you know, why did these companies react the way they did really comes down to views one, what could potentially happen, I think, to the Inflation Reduction Act under a second Trump administration and Republican controlled Senate and possibly the House too, and so you know, I think the question is, you know, what's what's how is this actually going to play out?
You know, Holly just mentioned a perspective that that maybe some of the ev tax credits go away, and I think when you look at the wind in solar space, it's it's probably not quite as high of a probability
of an outright repeal of some of those subsidies. And I'll try to tackle a few of the big ones, so you know, we we've talked quite a bit in the in some of these calls previously, so the idea of a full IRA repeal, I think we kind of handicap at say ten percent, and other other folks on this call can probably more eloquently speak to sort of why that is the case. But then you go through and sort of say, well, look, maybe individual pieces do get dismantled or scaled down or are phased out earlier,
however you want to think about it. And so in the win in solar space, there's I think three buckets that I pay the most close attention to. So you've got the PTC Production Tax Credit, You've got the ITC, the Investment Tax Credit, and I think the way you should think about both of those is that they're the ones that are kind of driving demand for solar and wind.
But then you've.
Got this other provision called a forty five X manufacturing tax credit, and that one is the one that's really I think quite important to the companies that are producing equipment in the US, like a First Solar, and this has been a very beneficial provision for the company. You know, they're their gross margin is forty five fifty percent right now, and roughly half the margin contribution is coming from that
forty five x tax credit. So if it were to go away, it's it's a pretty serious impact on the company. And I think that our view is that there's probably a fair amount of quiet support for that staying in place. And I'll try to articulate why that is true. So even though this was the Inflation Reduction Act was a Bidenarrow policy, it's sort of magical or interesting that most of the companies that appear to be really leveraging it and benefiting it built their facilities in fairly red states.
So you see a lot of construction of solar module manufacturing capacity and states like Georgia, UH, Alabama, Louisiana, Texas, and and and if you're kind of familiar with how these how these projects came to fruition, there's a lot of courtship with the governors of those states saying, oh, come come to our state, build built your factory here.
And so I think there's probably a lot of quiet support saying hey to from governors and state lawmakers saying hey, look, it's okay to be philosophically opposed to win in solar, but hey, this. These companies have built factories in my state and my district that is employing folks in my state, So you know, don't don't get rid of the forty five X credit is something I think you're going to sort of quietly hear, and I doubt we're ever going to see forty five X really discussed much in headlines
or it's it's this boring wonky name. And my sense is that you know, there's there's a decent chance that this survives a second term administration. And let me just say that even if it doesn't, I would still make the argument that wind and solar has a fairly bright future in the United States, and that is because federal policy is not the only thing driving outcomes in the space.
California many other states have very ambitious policies aimed at reducing emissions transforming the electric generation components within their state, and they don't care who the president is or what the federal policy is. And so I think you're going to see very strong continued support for wind and solar at the local level, at the state level, depending on the state. And I also think you're going to see
a continued evolution of the economics for the technology. At the end of the day, win and solar have gotten fairly cheap. That's why they're being so aggressively installed in so many different locations. And so I think at the end of the day, we're going to see continued growth for wind under President trump second administration. We're going to see continued growth for solar on their second administration. Maybe some of the subsidies get modified or tweaked, but it's
probably not a sea change for the industry. So that's my broad, high level conclusions. And for anyone listening, if you want to talk shop or go into any more detail on any of these companies or segments, I'm happy to chat with you about it offline. So thanks a lot, Eliott, Great, thanks a lot.
Rob.
All right, why don't we pivot to financials, Nathan, let's bring you in to talk about what you're expecting in Trump's second administration. Is it all about the basle three endgame or is there more to it than that?
Yeah, So, you know how Rob mentioned that the solar stocks weren't doing so well yesterday. The opposite could be said for the bank stock. So I was just looking at Bank America, for example, and it's up eight point six percent as we speak since prior to the election, and that's very indicative of the Bosal three endgames. So what I want to do is on one on one through the sector talking about the impact.
And the regulators and so forth like that. So let's start with the.
Banks and this is the FED, the OCC, the Office of the Control of the Currency, and the FDIC. Now there are two rules that are really looking at here. The first one is the Bosal three end game. Now, this rule has proposed would increase capital requirements as outlined by the FED around nine percent. Our view is that the bos of three endgame is going to be indefinitely
delayed for now. Reason being is is that while the FED will keep their leadership individuals through twenty twenty six, this is the chairman Drome Poll and advice chair Michael Barr, the OCC acting chair Michael Sue most likely le on day one, and the FDIC will most likely flip to a republican control.
And if you don't have all three, then you don't have a rule.
And so we think the bosle three endgame will be delayed. It's feasible that they can come around in twenty twenty six or twenty twenty seven and repropose it and try and implement something that's much more watered down. But for the next year, those capital requirements are most likely not going to happen. A similar story could be set in the regional bank side, you know the big buzzle three end games set three to four percent increase in capital.
Again, we don't think that's going to happen.
But secondly, there's a rule out there from the FED on long term debt issuances. We don't think the FED is going to finalize that even before the new administration takes office. Reason being is is that if they do, Congress has the authority overturn.
It via the Congressional Review Act.
And if Congress does overturn it, and this would be the next Congress the Republican controlled the House, Senate, and Presidency, assuming the Republicans do take the House, if they do overtake it, then the FED has to go back to the drawing board and essentially can't even use that rule as the baseline. Has to substantially change that rule. So we don't think they're going to finalize that. Over on the asset management space, a lot of status quo happening here.
The Financial Stability Oversight Council had been talking about systemic risk of asset managers. We don't think that's really much of a risk anymore. We don't think that the future f SoC is going to take any steps there. I would say, though, is that this idea of private credit is still something that I think a Republican administration via
their regulators will certainly look at. If you have bank lobbyists whispering into the regulatory ears, hey don't look at us, look at our friends up in Connecticut, I at least think the question is going to be asked, and so you know, we'll see scrutiny of hedge funds and private equity funds in private credit, but more questions than actual tangible proposals or regulations at this point. So you know,
over at the SEC this is where cryptocurrency comes in. Now, we do think a cryptocurrency framework is going to happen next year. Via Congress, President Trump vowed to be the crypto capital, or vow of the United States to be the crypto capital of the world. But just remember this does come from Congress. So we do think a crypto framework can pass next year. I don't think the stable coin bill that people are taught talking about and Lane
Duck is going to happen. I think this is just my own personal belief that I think the Lame Duck is not going to be as active due to the victory of the Republicans. I think they may just say, hey, let's pick up our toys and play next year.
When we actually have control.
But you know, Gary Gensler, the Chairman of the SEC, will most likely step down probably about a.
Week before inauguration. Then at this point you're gonna have a two to two.
I do believe that the Trump White House may take some time to figure out who the next chairman is, So don't be surprised if commission Er hester Purse is the acting chair for a few months before potentially she or somebody else gets the nomination for the full chair, which essentially means the SEC is just going to be in.
A quiet period.
Same can be said for exchanges, and this is coming from the Commodity Futures Training Commission CFTC is not doing a lot in the exchange place at this moment, and I'm talking about derivative exchanges. Remember, equity is controlled by the SEC but in the derivative side. So CMME group in Ice mostly going to be status quo probably for the next few years, just because there's really not much
over at the CFTC. That's really like the Republicans will come in and dramatically change and so forth like that. And then the last thing I want to talk about is consumer finance, and this is the Consumer Financial Protection Bureau. So these are essentially non bank consumer firms, ranging from mortgage lenders to credit unions, to you know, to payday lenders, debt collectors, and so forth, even some of Matt Schttenhelm's
technology companies that he talks about. So what you should know about the CFPB is that there's a lot of rumors and a lot of thoughts. And if you read Project twenty twenty five, you may have seen language that President Trump needs to essentially gut the agency and abolish
the agency. We don't think that's going to happen. What we think is going to happen is you're going to see a very similar playbook to what you did in the first Trump administration when former cd CFPB director Kathy Cranager came in and essentially scaled up a deregulatory effort, but at the same time still keeping up examination authority and examination interests. So I think that's what the CFPB is most likely going to be going forward. Rohee Chopra,
if he doesn't leave, will be most like fired. But then I think if you're on the examination side, or the compliance side, or the risk side, CFPB still is going to be something that you got to deal with. You're probably just not going to see a dramatic number of regulations coming out.
Certainly you're not.
Going to see any of the current initiatives being finalized, and we'll have to wait and see what those deregulatory efforts look like when we have personnel, because remember personnel's policy for a lot of these regulatory agencies.
So with that, I'm going to pass it back to you.
Thanks, Nathan, excuse me, and I just I happened to be looking at Project twenty five briefly before this call, in particular with respect to the CFPB, and I think a lot of the you know, the concern that Project twenty twenty five had or has with the CFPP is that it was unconstitutionally funded. But that argument was really
struck down by the Supreme Court last term. So I agree with you that you know, any attacks on the agency are going to be a little more target and not sort of wholesale trying to eliminate the agency completely. This is a good pivot. Talking about consumer finance to Ben Elliott, who, in addition to covering card lenders, covers Fannie May and Freddie Mac, two companies who's preferred stock at least yesterday also went up somewhere to the increases we saw in bank stock prices. Ben, why don't you
come in talk to us about Fanny and Freddie. Lotta chatter on Twitter and elsewhere about you know, whether those companies are finally going to get out of conservatorship or not.
Yeah, thanks Elliott. So this is really one of the most binary of the Trump trades, I think clearly from the price action yesterday, people were discounting Trump's reelection. I was looking at the common stock this morning. It's up sixty something percent in two days, which, for reasons I can discuss in more detail, is maybe.
Not the smartest move there.
And some of the preferred issuances are up two hundred percent year to date, about sixteen percent, seventeen percent again today and in theory those could trade up to their.
Par value.
As as a potential additional upside to this trade. So this is kind of like a big, sort of unfinished piece of business from the first Trump administration. They kind of got things all the way to the starting line, I want to call it, and then ran out of time.
But as The Wall Street Journal reported last September, some of the former Trump administration officials that were intimately involved in the prior administration have really been sort of stewing on this ever since they left office, So it's possible this time around they can get a much quicker start off the line and actually move the process much further along. The problem is that this remains of a market's driven story. Recap and release is the name of sort of the concept,
and really the recap portion is the challenging part. So the companies are going to need to raise probably at least one hundred billion dollars in new capital. That sort of goalpost can be moved by the Trump administration in order to sort of speed the process along.
But in the past.
Lots of sort of conservative thinkers view this as sort of a two part process. One is reduce the exposure of taxpayers to Fanny and Freddy, but to bring in substantially more private capital so that their failure doesn't have to be sort of distributed amongst taxpayers again in the future of it were to reoccur. So you know that said that, this is probably going to be a multi
phase process where they raise capital and several tranches. There might, for instance, be a conversion of the junior preferreds into common equity as sort of a first stage, because those investors already have skin in the game. Then there might be a rights offering for existing shareholders or sort of an early IPO, and that could increase the capitalization level of the companies in a way that allows them to
pursue a much larger, broader IPO. Ultimately, it's going to rely on market conditions and the housing market which the Trump administration is now going to preside over in many different ways, which will affect Fanning Fordy's cash flows and therefore their valuation and return on equity metrics, which will
be key to raising additional private capital. So if mortgage volumes were to slow down, right, if tariffs were to drive up inflation which required interest rates to rise again, that could be a substantial delay to the process if credit were to worsen, charge offs, modifications, foreclosures, or to come back. It's also could be a major drag on
Fanny Freddy earnings, which could slow the process. So basically, if they were to start, you know, day one, the market remains benign, they attract a bunch of private capital. It's probably a twenty twenty six or twenty twenty seven prospect of the best and between now and then, there's a lot of room for these different securities to trade up and down with sort of wins and delays and whatnot. But it's really not done until the private capital starts to come in. So a couple of things we'll be
watching here in the short term. First, Trump has got to pick a Treasury secretary. That person needs to be amenable to releasing the enterprises and confirmable by the Senate. So one of the big sort of sticking points here is that Treasury owns something called the senior Preferred stock, which has what's called a liquidation preference in government parlance, which basically says the Treasury still owed three hundred and forty one billion dollars, that money has to sort of
come out of nowhere. If you do any sort of basic deal math, you come to the conclusion that that has to be crammed down. That's been a long time sticking point for Treasury officials. There are a lot of career Treasury officials and lawyers who view that as problematic for ourcane reasons. So they needed a Treasury secretary who's
really deal oriented, willing to get creative. Probably Trump's last Treasury secretary was actually a little bit more moderate and didn't really take any sort of the drastic steps that we had anticipated they might attempt to take, and some of that might be necessary this time around. And then secondly, Trump is going to pick an FHFA director who's the regulator of Fanny and Freddie and sort of the other
signatory to the agreements that govern their conservatorship. That person it's a bit of a challenge because Republicans are picking from a pool of conservative housing academics and policymakers who historically are not pro Fanny and Freddy, And to get the transaction across the finish line, you kind of need to be pro Fanny and Freddy because you're asking people to put in tens or hundreds of billions of dollars of additional private capital, so the companies need to have
a sustained return. And then the sort of a final issue is you can't just release the enterprises with no government backstop, because that would likely lead to a credit downgrade from the credit ratings agencies, which would be catastrophic essentially for agency nbs markets because people who buy agency nbs are buying them because of their credit rating and they're implicit backing from the US government. So there's going to need to be a pay for for that, which
could also be a complicating factor. So once those two agencies are staffed up and then get started on this, there's plenty of of sort of procedural hurdles to surpass. You know, Trump administration wants to get this done, and so we're going to be following it closely and and we welcome any any questions or feedback from anyone who's more interested in some of the MINUTII that I'll hand it back to you, Elliott.
Thanks Ben, and actually Benny and Freddie and releasing them from conservativeship and government ownership. There's also an issue that's in the Project twenty twenty five plan and you know, it occurred to me as you were talking, Ben, that one advantage the Trumpet administration has this time around versus last time is that they can replace the current FHFA
director on day one and nominate whoever they want. The last time around, there was a removal restriction on removing the FHFA directors, so they had to wait for mel Watt to leave. Essentially, so it took a couple of years before they could actually get going on all their plans to privatize the companies. All right, let's pivot to some cross sector issues. Let's talk tax and bring in our taxman, Andrew Silverman. Andrew, the House hasn't been called yet,
looks like it's going to go Republican. You know how important is that to the things you're looking at.
It's very important, And I'm going to assume that the House goes Republican in my comments because if the Republicans have the House and the Senate and the Presidency, they're definitely going to try and make the Tax Cuts and Jobs Act, Trump's signature Tax Reformact from twenty seventeen to twenty eighteen permanent. But making it permanent is extremely expensive on the low end, it costs about four point five trillion dollars. On the high end it could cost six
trillion dollars. And then, of course, on the other hand, Donald Trump on the campaign trail was talking about a whole slew of tax cuts, tax exemptions for Social Security, overtime pay and tips, intratroductions for auto loan payments, fifteen percent corporate tax rate for domestic manufacturing, getting rid of the state local tax deduction cap of ten thousand dollars, and a slew of other proposals. In fact, I was
just thinking about this morning. He even went on Joe Rogan and said he was going to get rid of the income tax completely. But the Committee for a Responsible Thorough Budget says that, as I said, you know, making the TCGA permanent would cost six trillion dollars, but if you add everything else that he wants to do into that equation, it could cost as much as sixteen trillion dollars.
And to put that into perspective, the government spent six point seventy five trillion dollars in all of fiscal twenty twenty four, which ended at the end of September. So could Congress to everything that Trump has promised tax wise.
I think the simple answer to that question is no, why not because Republicans don't have sixty seats in the Senate, And as Nathan and I like to talk about, without sixty seats in the Senate, that means they have to use budget reconciliation in order to make the Tax Cuts and Jobs Act permanent or to do any of the other things that Trump has promised to do. And let me put in a bid here for a future webinar focusing just on reconciliation because it is such a pleasure
to discuss. But if Republicans have to use reconciliation, then Congress has to adopt its tax proposals on a budget neutral basis. And the amount of revenue that the government collected in fiscal twenty twenty four was four point five trillion dollars. But keep in mind that budget neutrality is generally speaking, subjective, and what I mean by that is that economic growth can be taken into account when we
talk about budget neutrality. So the Congradual Budget Office can say, sure, we're going to collect fifty trillion dollars in tax revenue over a decade, But gosh, these tax policies they're going to stimulate the heck out of the economy so much that GDP is going to increase and fifty trillion dollars, it's actually going to be fifty five trillion dollars. And
that's all and good. But even if we squint with our rose colored glasses on, I just don't believe that the CBO can find a way for everything that Trump has promised to come to pass. And so that means one of three things, or three of three things. Trump doesn't get everything he's campaigned on. Cutbacks have to be made, or the Republicans will have to introduce new taxes, or like I said, all three of them. But I want to be completely straight with you here. Trump is not
going to get everything that he campaigned on. Politicians campaign and poetry that governed in pros or put another way, they can sometimes stretch the truth on a campaign trail. I know that's shocking and disturbing to hear, but that's how it is. So tax exemptions on Social Security tipping it over to I'm not going to happen. In my view.
Maybe Congress does some of these things to a small extent, but certainly not as Trump has described them, and in terms of cutbacks, obviously, the Inflation Duction Act is going to be the Republican's main target because it was adopted
without Republican support. Yet, as we've pointed out in the past and even in our discussion today, Rob eloquently putting out all of the ways that Republicans like clean energy, the IRA is almost certainly not going to go away entirely, and we can probably do an entire webinar on that as well, But it'll be tough for Republicans, I think, to repeal the IRA and the buyback tax and the corporate minimum tax and the state and local tax cap. To be honest, not super optimistic about it, and I'm
sorry to say. And lastly, the you know, the third leg of the stool here, would Republicans adopt you taxes? Well, we have to see how big Republicans appetite for the TCJA and Trump's other promises. Is a chairman of the Ways Means Committee, Jason Smith, who's almost certainly going to stay in place next term if the Republicans keep the House, has said that everything is on the table, including corporate
tax increases. But at the same time, Ronald Reagan's great tax reform in nineteen eighty six was accomplished in large part by closing loopholes. But sixteen trillion dollars of loopholes, I'm not convinced that they exist. So, Elliott, exciting days are ahead. Can you feel it? Big tax changes, they're on the way, They're big, They're gonna be big, huge, huge.
Thanks Andrew. You mentioned a webinar on reconciliation that you're doing. Do you want to just plug the details about that? Do you have a date for that?
I have simply pitching it. Okay, I think it would be a really good idea if people are up for it.
Yep, stay tuned, folks. All right, let's pivot to another cross sector topic, anti trust. Obviously, the last four years has seen a lot of anti trust enforcement activity. So we have two anti trust analysts with us. We're fortunate to have Justin Teresi and jenre Justin, why don't we start with you? Nathan mentioned personnel's policy. What are we thinking in terms of Lena Kahn? And I guess to a lesser extent, maybe Jonathan Canter.
Thanks Elliott.
Yeah, personnel is absolutely policy, and I think we're probably seeing that in the realm of anti trust perhaps more than many other places right now as the new administration prepares to come in. So let me just start off by saying, you know, it's certainly is customary for DJ and FTC officials to resign when there's a party change in the White House. Job offers start rolling in new presidential agentas start to take form, and we certainly think that's going to be the case with what we have
at DOJ. There will be a new Attorney General, and I think Jonathan Canter, who's been the chief of the Anti Trust division there, probably resigns sometime before the new administration comes in. And Jonathan Cant, as you might remember, really was influential in bringing cases against Google's ad tech stack over the last few years, recently against Visa related to its debit card practices. So certainly big cases brought
by DJ under Canter. What we've really seen in the last couple of days and the time leading up to the election is an enormous amount of interest and what will ultimately be the fate of FTUC.
Cher Lena Khan.
So our view on this right now, we think chair con is almost certain to be replaced, and I'll give you our view as to why, and certainly this is a much more certain, I think you know prediction if you will under President Trump than it would have been under President Harris.
But just a level set.
Chair CON's term has expired as of September, and right now her post is the only of the five seats at the FTUC that's up for renomination. The next one up is Republican Melissa Hoyoku's term expires next fall. But really important to point out here under the FTC Act, the organic Statute for the FTUC, unless Cohn leaves on her own, she can stay indefinitely until the time that
a replacement is confirmed by the Senate. So we're looking at it several months here, possibly of Chair Con staying on before we have someone else that's appointed to that slot. So first Trump can very quickly elevate republished Republican Commissioners Holyoke or Ferguson to the chair spot once he takes office, and we think, you know, very likely to do that.
And while they might result in some rather expedient and change the FDC's agenda, it's still the case that there has to be a majority vote at the Commission to take any new actions like bringing lawsuits. The commission itself, it has kind of this three two structure where there's three members of one party, two from another by log inner under the statute, so there can't be more than
three members of any one political party. And right now the Commission has three two democratic control while Lena Khan is there. So we don't think that's a situation with three two democratic control that a President Trump would be likely to uphold. And we think that's the case no matter how much support shir Khan might be receiving from folks like Vice President elect jd Vance or more conservative folks in the Senate who have a voice support for Khan,
like Senator Josh Holly from Missouri. So we think, really, when's the day here is that partisan split that we're going to want to go back to Republican control and questions of loyalty not you know, it certainly is the case that I think President Trump has expressed that views of folks that were appointed in the first term, loyalty
questions arose. And I think especially in the case of independent commission like the FTC, where actions can be taken without that handholding from the White House, many times all the more reason we think President.
Trump is likely to appoint a new.
FTC commissioner that's seen as much more loyal to his views. And don't forget the removal of the filibuster for the approval of nominations in the Senate means that with that fifty two to fifty three seed control by Republicans that we're expected to see at the end of the day, we don't anticipate a real problem here and moving forward with whoever Trump decides to dominate to the FTC. And
we think that also the timing on this. In a world where there might have been divided control between the White House and a Senate, we might see nominations taking a bit of a delay until a time when both the Republican and Democratic seat was up to be filled. But here where there really is that that situation where there's going to be very little pushback, if any, we think we could see a replacement for shar Con put
forward as soon as you know, January or February. The Senate will take the time it does for that approvals process, but we think that happens before and probably separate apart from waiting until Commissioner Holyoaks term ends later on next year. And just speaking of the Senate itself, one more point to make with Republican control, you know, of the Senate, we think broad and sweeping kind of anti trust legislation. We'll see what happens, but unlikely to move right now
to the next Congress. We'll see how the House ultimately shakes up, but probably not a big factor in anything moving. And you know that there really could be some industry specific actions that are taken if there's bipartisan support from them, but separate apart from that, nothing too broader and coming down the pike here, But that'll head it over to Jen to talk a little bit more about some specific impaction might see on antitrust.
Thanks, Justin, I mean absolutely following on on your expectation and my expectation that the chief decision makers at the FTC and DJ will be replaced eventually, let's talk about how that actually impacts enforcement. So there are two areas I'm going to focus on. One, we have a lot of ongoing anti trust lawsuits from monopolistic conduct against the big tech platforms as well as Live Nation if you don't think of Live Nation as a big tech platform.
And then We also have a lot of merger enforcement at the moment, and we've had it ever since, you know, Biden became the president. So first time we talk about the impact here on M and A, you know, Andrew talked about big tax changes. Well, we're going to have big merger changes. And I think it's definitely going to
become easier for companies to merge. So, but I do want to say, I feel like there's been, you know, kind of an attitude that we're just going to go back to the way things were five ten years ago, any anti trust with respect to mergers, and I don't
really think that's going to happen. You know, we had a movement that started about ten years ago but really took hold about four or five years ago in which there was just a very different philosophy about consolidation in markets and in particular and this kind of started during Trump. Trump's at first administration, but in particular Biden's enforcers are very anti consolidation. They've worked really hard to try to block deals, and they've made it much more difficult to settle.
It used to be most mergers that actually raised dainty trust problems would settle with remedies behavioral or some sort of structural remedy, and these regulators just refused to do that. Essentially, they've settled a few, but for the most part, they don't. And the other thing that they did is they revised merger guidelines at the end of twenty twenty three that they used to assess a merger. And what those guidelines do is essentially lay out what makes a merger presumed harmful.
And that helps them in court because they walk in based on those guidelines with the presumption. And in those guidelines they lowered the thresholds for illegality. Means more deals that are proposed to them get ensnared and are considered potentially harmful. So, first of all, the reason I think there will be a change here is because those two things I just mentioned I think are going to change. First, I think we're going to see new enforcers that are
willing to settle deals. They're not just going to go after every single problematic deal in court. I think they're going to be more willing to listen to these companies offers in terms of their remedies, and also more open to claims that some of these deals may have pro competitive efficiencies and should be allowed to go forward on
the basis of those efficiencies. And the second thing is we really know already that they're going to revise those guidelines I just talked about, because the two Republican FTC commissioners today have both said recently in speeches that they will either revise and one actually said riscind the guidelines. And to me, you know, they didn't go elaborate on that, but to me, that means that they're going to go back up to higher thresholds so that those guidelines catch
fewer mergers, call at the outset fewer mergers as actually problematic. Now, the one thing I do want to say, though, that I think can be a little bit difficult for merging parties and for businesses is that I do think despite certain areas getting easier, that we are going to have some uncertainty. And that is always difficult, you know, to not really know how your deal is going to be approached by the regulators when you sign up for it,
sign it is difficult. And I'd say that because I think anti trust enforcement of mergers in the first Trump administration was really idiosyncratic, meaning rather than really thinking about does this deal violate the intertrust laws or not. There was maybe a little bit more focus on do I like the deal, do I like the companies doing the deal? Or do I not like the companies that are doing the deal and want to try to punish them. That is idiosyncratic. It's a radic It creates on predictability. I
think we saw that in his first term. I think we're going to see that again. So really quickly, let me move over to the big tech lawsuits. So what we have right now are two Department of Justice lawsuits against Google, one over search and one targeted to its ad tech products. We have a Department of Justice laws suit against Apple, one against Live Nation, a Federal Trade Commission suit against Meta, and one against Amazon, all of them for a lleged monopolistic conduct and the way these
companies do their business. I have seen a lot of news saying, oh, now that Trump won the presidency, there's a lot less likelihood that Google will be broken up. The reason that's an issue is because in the search suit, a judge already decided that Google had engaged in a legal conduct. And now what they're trying to figure out are what the proper remedy should be, and the Department of Justice has asked about has talked about asking for
a breakup. We think the concept because Trump was elected makes a breakup less likely is kind of neither here nor there. We have never thought that a breakup was likely to begin with. It is a judge that would order that as the remedy, and we don't think it lines up at all with the Search case, and we felt it was very unlikely that that would have been ordered by a judge. This will be next year that
the order comes out in the Search case. And likewise, we also think even though there's no liability ruling yet in the ad Tech case, which has had its trial, we don't think a breakup is likely there either. None of the other suits are advanced enough to really understand whether the dj will even seek something like that, so will probably not broken up no matter who would won the presidency. On the other suits, I do see a higher chance of some settlement down the road, not in
the near term. You know, a couple of these are really new US versus Apple Amazon very much beginning stages. They have a lot of litigation ahead of them, and I do think those two cases, I just mentioned USB Apple FTCV Amazon are probably the weakest of all of these cases, and so I could see the possibility that Trump's enforcers down the road might be willing to accept
a settlement. I believe Amazon has tried hard to settle with the current FTC in the lawsuit that's against them, and they haven't been able to So that's one possibility. But again I think down the road. And with that back to you, Elliott.
Thanks Jaran. You know, it's funny when you say there's still a lot of litigation ahead of them. For these parties, feel like there's a lot of litigation behind behind them just in these cases. So it gives you a sense of just how long a lot of these cases take. All right, So let's bring in Matt sent in Helm last, but certainly not least. Matt Jed mentioned a bunch of the companies that you also cover from policy and litigation angle,
obviously not the antitrust stuff. Why don't you come in and tell us what you're looking for the next few years.
Yeah, thanks Elliott. So so let me break it into three categories. We'll talk about Internet regulation, talk about broadband and telecom regulation, and then talk about broadcasters and broadcast regulation and what a Trump presidency means taking Internet regulation first. I think there's good and bad here. We saw under President Biden the Federal Trade Commission under Lena Khan start potential rulemaking to regulate the digital ad business in in a novel way, in a way that Congress has has
not been able to achieve. Uh She was pushing ahead with a surveillance advertising you know rules that I think they had.
We're going to have trouble in court.
I think that that's that's dead now, that's not going to be pursued by by this uh FTC. So that's that's a positive for the companies that there aren't going to be novel rules going after there the way they make most of their money where there is risk, though, there is concern from the Trump administration and Republicans about about bias against conservatives from the big tech companies, and that translates most directly into threats to Section two thirty.
And that's the liability shield that that that keeps people from suing these companies over all the stuff that's put on the Internet, and and there's a strong push to limit that liability shield. And with Republicans in control. I think that's going to become a more vocal force. And I think we saw a Trump executive order. The first time around, we saw an FCC rulemaking that didn't quite get off the ground on it. I think things advanced
further this time in that direction. And so both an FCC rule making potential Supreme Court case and the Court being pushed to narrow the liability shield itself, and so that could lead to significant new liability for the company, much larger settlements of lawsuits. One last thing on Internet Company's TikTok. President Trumps has since come out in you know, against a ban of TikTok, and that kind of makes maybe gives the company a little hope in what's looking
like a pretty dark situation. Congress passed an effective ban of the company last year. It's set to take effect in seventy three days or something. And so the question is does President Trump have the power to reverse that.
Well, he can't.
Undo an Act of Congress himself, and I doubt he's going to convince Congress to adopt the new law to reverse itself on something that had such clear bipartisan support. And so I think TikTok's best chance with Trump Trump in the White House is still winning its legal case. If it can somehow win that and we're waiting for a decision, then Trump isn't going to sign off on any sort of fix from Congress, and so then a
band would fade. I don't think TikTok's going to win that legal case though, so I think that that means that Trump's only option may be saying, look, okay, Congress, you passed this law, I'm not going to enforce it. Well, I'm going to tell my Department of Justice to ignore it. That's kind of strange, you know, that's not typically the way things work, But you can't rule it out entirely with President Trump, I guess.
So it's worth watching.
But I think it's you know, TikTok's not looking great in the DC. It could make a last ditch plea to the Supreme Court, but I'm not sure that's going to work either. So it's it's it's a tough road for TikTok, which is great news for TikTok's competitors. I think going forward, let's shift to broadband and telecom regulation. FCC regulation of broadband is is basically dead under a President Trump. FCC that it was probably going to die in the courts anyway. This makes it certain that it's
going to die. I'm not really sure if they're going to keep continuing to pursue it in court. It might actually be better for Trump to win in court and have the court say, look, agencies don't have the FCC doesn't have this power at all, and so then you end this flip and flip flop, if you know, in future administrations, if you have a final word from the courts. Either way, it's great news for Comcast, AT and T, Verizon.
They don't have to worry about about these digital discrimination rules, net neutrality rules, all that.
Yeah, we're good. We're good for a couple of years.
On that Universal Service program, the FCC has a nine billion dollar universal service program that the Fifth Circuit struck down and it's headed to the Supreme Court now, and I think there's a real chance the Supreme Court agrees with the Fifth Circuit and says the whole thing is unconstitutional. That's going to give the Republicans in Congress and President Trump a lot of say on how to fix these
subsidy programs. Going forward, and so I and Brendan Carr, the potential FCC chief, has been pushing, let's make big tech pay for those programs. So that's going to be potentially on the table after the Supreme Court case next year. You also have to note that Elon Musk operates Starlink, which has sought subsidies for serving rural broadband companies, and you start to wonder how that might play into revising any of these programs, as he has a satellite company
that's that's looking to get a piece of the pie. Lastly, broadcasters for decades, TV and radio stations have been shackled by these FCC media limits. You can only own so many TV stations in certain markets, so many radio stations. Republicans have long said, look, this doesn't make any sense anymore. There's all this new competition to broadcasters. Why does one industry have all these limits? And I think a Trump FCC is going to agree with that and really cut
back on regulation. You saw the Biden FCC block the ability to acquire Tegna a broadcaster. You're not going to see that from from a Trump led FCC. Those sorts of acquisitions aren't going to be blocked by the FCC.
The other one last note on the broadcasting angle. You've seen recently probably tweets from Elon Musk saying, let's take away all the broadcasters spectrum, all their licenses, and let's give that to wireless and let let broadcasters just cable companies, and you know, and and Congress has sort of done things like this in the past where it's had you know, look, I give us back some spectrum, uh, and we'll pay
you broadcasters. So the bottom line on this is, I think it's a lot of noise and politics until you see serious legislation moving in Congress, and it's probably going to need on a need to move on a bipartisan basis, because to get as we talked about earlier, to get through the Senate, you're going to need that. So I kind of keep that on the side of political noise until we see more concrete proposals and some hope of
it moving on a bipartisan basis. I don't I don't see, like you know, broadcasters being stripped of their spectrum and their licensing rights in any sort of comprehensive way, because it would require Congress on a bipartisan basis to do it.
So with that, let me toss it back to you Elliott.
Great, thanks Matt. And yeah, I mean you mentioned Elon Musk on a couple of different issues there. You didn't mention him in connection with TikTok, but I think it's probably relevant there too. And it also goes to this personnel's policy idea that we've been talking about because it's sort of unclear. I mean, it seems like he's going to have you know, Trump's ear in some capacity. It's just sort of the extent of that and how official
or unofficial that influence is. And you also mentioned I thought it was interesting when you mentioned the broadband rules and whether you know it's better for them to get a court ruin to sort of undo them. I'm seeing the same thing, you know. I'm tracking dozens of lawsuits challenging SEC and CFPB rules. You know, I expect the new leadership in both those agencies to try to undo a lot of the rules that were promulgated in the
Biden administration. But we'll see whether the lawsuits also get stayed, or whether some of them continue and the rules get struck down via the courts.
Yeah, I mean I think the typical course has been okay, just let the agent see undo it itself.
But there's an argument to be made.
Let you know, if the court strikes it down, then the policy stays dead. You know, a future democratic administration can't revive it. We can't keep going around in circles. So there's at least a case to be made that why not just let the courts do it and maybe you get more finality that way.
You just have to be certain that the court's going to ruin the way you want it to. But with some courts you sometimes have that confidence. And with that, I think we'll wrap up this episode of votes and verdicts. As a reminder, you can read all of our Bloomberg intelligence research on the Bloomberg terminal at BI go, and you can access all of our litigation and policy research on our dashboard BI space laws Go. Thank you again for listening, and have a great day.
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