File 032806
Email on Big Tech Regulatory Backlash and Market Vulnerabilities (File 032806)
Financial analysis email examining mounting regulatory threats against FAANG companies, comparing the collapse of Chinese tech stocks to potential risks facing U.S. tech giants, with focus on Apple, Amazon, and Facebook vulnerabilities.
Summary
Landon Thomas Jr. sends Jeffrey Epstein an article analyzing the regulatory and market risks facing FAANG companies in September 2018. The analysis draws parallels between the collapse of Chinese tech stocks (BAT) and potential vulnerabilities in U.S. tech giants, examining fundamental weaknesses including Facebook's user exodus, Apple's trade war exposure and smartphone market saturation, and Amazon's workforce challenges. The document catalogs unprecedented regulatory developments from the Trump administration, Congress, FTC, and E.U., including calls for antitrust investigations and new regulatory frameworks, suggesting investor sentiment could shift dramatically if these companies stumble.
From: Thomas Jr., LandonSent: 9/17/2018 6:35:55 PMTo: Jeffrey Epstein [jeevacation@gmail.com]Subject: Smart analysis on big tech -- Apple section highlightedImportance: HighChina's big tech stocks have fallen into a bearmarket at the same time that regulatory threatsagainst U.S. big tech companies are gainingmomentum. Can U.S. big tech stocks soldier onalone or is this a harbinger that the group as a wholeis losing its tremendous leadership position?• Sep 13, 2018• Technology & Security• Tech Backlash• Save Article• Download PDF•• big-tech-backlashIn recent months, China's BAT collapse has demonstrated how costly the expectation ofinvincibility can be—Baidu, Alibaba, and Tencent are all down more than 24%from their year-to-date closing highs. Citigroup's head of Asia strategy, MohammedApabhai, told CNN an apt analogy about the investor sentiment that led to BAT's collapse,likening "the exuberance for tech stocks to the Looney Tunes cartoons in which Wile E.Coyote chases Road Runner over a cliff." Given they've more or less moved intandem for years, will FAANG follow the same path as BAT?Source: Stockcharts.comThe BAT collapse was triggered by subpar earnings and a shifting regulatory environmentin China. Facebook's miss in 2Q18—which drove a $120 billion single-day market caploss, the biggest ever for a U.S. company—showed how decisive a turn could be if moreU.S. tech darlings stumble this quarter.HOUSE OVERSIGHT 032806There are mounting fundamental reasons to question the 3Q18 earningsprospects of FAANG, from the accelerating user backlash against Facebook to Apple'strade war exposure to Amazon's rapidly-intensifying workforce revolt that could see the e-commerce giant left with no option but to raise wages and improve workplace conditionsfor its warehouse and Whole Foods employees.However, as Apabhai suggests, the message BAT is sending is less about earnings, andmore about the cost of exuberance. And FAANG exuberance faces threats that go beyondfundamentals. A flurry of regulatory announcements last week signaled thepolitical tide has turned in the U.S. Across every branch of government, themessage was consistent: the U.S. no longer trusts tech giants to self-police. And the public agrees—according to a Gallup poll last month, 79% ofAmericans now believe "tech companies should be regulated the same waythe news media is."Regardless of political will, threats may not turn to action in the near term. Nonetheless,FAANG appears increasingly vulnerable to a decisive sentiment shift. At some point, therelentless barrage of bad news will force investors to begin pricing in regulatory risks. Anysustained stumble by FAANG's leadership could cripple exuberance, and cause anunraveling of passive and algorithmic strategies that are heavily overweight tech(see W/LTWApril 7, 2018 for more). We will continue to watch closely to estimatetiming, but given SAT's collapse, today more than ever, acute scrutiny of techgiant leadership is required.Through August 28, Amazon, Apple and Microsoft had accounted for greater than 35% ofthe S&P 500's total return this year, according to S&P Dow Jones Indices data. It tookAmazon just 165 trading days to grow its market value from $600 billion in January to $1trillion. The combined market cap of FAAMG (Facebook, Apple, Amazon, Microsoft, andGoogle) now sits over $4 trillion, or roughly equal to the combined market cap of the 283smallest S&P 500 members.Tech's continued market leadership means investors have largely discountedthe mounting risks tech giants face. We have been warning about the downsides oftech giant monopolism for more than two years in these pages, from surveillance/datasecurity concerns to anticompetitive behavior and their role in escalating inequality. Forthe political establishment, for the media, for the public, this year has seen abroad awakening—the Cambridge Analytica scandal, the backlash against Jeff Bezos'astonishing wealth, and tech's ever-skyrocketing market caps were all warning signs. Thepast month signals a new phase has begun: from a distant rumbling of changeto preparation for action.The number of significant tech-related regulatory developments that have emerged fromthe U.S. and the E.U. in recent weeks is nothing short of staggering. Here is anabbreviated list:HOUSE OVERSIGHT 032807• President Trump attacked Google for liberal bias, and claimed Google, Facebook,and Amazon represent "a very antitrust situation".• Attorney General Jeff Sessions convened a meeting of Republican stateattorneys general to discuss whether tech giants "may be hurting competition andintentionally stifling the free exchange of ideas on their platforms."• Facebook, Twitter, and Google were called to testify in front of the House and Senateabout election interference, political bias, etc. Google declined to attend.• The FTC has begun a series of hearings on Digital Age antitrust, the first suchhearings since the 1990s.• The FTC revealed the hiring of Lina Kahn—heralded for authoring a groundbreakingantitrust argument against Amazon—as an advisor. (See section 5 for more.)• Republican Senator Orrin Hatch asked the FTC to reopen a 2013antitrust case against Google.• Democratic Senator Mark Warner released a six-point policy proposal on regulatingthe tech industry.• Democratic Senator Bernie Sanders proposed the "BEZOS Act", which would taxcorporations one dollar for every dollar low-wage workers receive in government health-care benefits or food stamps.• The E.U. Parliament voted 438 to 226 to back a draft proposal ofcopyright reformsthat will impose unprecedented liability on information platforms.• France is pushing to have "Right to be Forgotten" laws applied globally,which Google is now fighting in court.• Reports emerged that the E.U. is considering investigating Google's location-tracking practices on data privacy grounds.We will continue to watch each development in the U.S. and E.U. closely to understand ifand when debate turns to action. For now, we agree with the analysis of NYU Sternprofessor Scott Galloway, who told CNBC last week after the congressional hearings:I don't see anything meaningful coming out of this panel, much less Washington...D.C.lacks the domain expertise or the will to go after big tech. Where you maysee it is, one, out of Brussels and, two, out of [the FTC, the DOJ, or] a redstate whose attorney general sees the brightest path between the AG's mansion and thegovernor's mansion is a populist argument against big tech.Evidence of fundamental weakness could exacerbate the investor reaction to escalatingregulatory news. By all accounts, Facebook has continued to bleedusers. According to Pew Research poll results released earlier this month, more than aquarter of U.S. Facebook users claim to have deleted the app from their phones over thepast year:HOUSE OVERSIGHT 032808Source: RecodeThen there's Apple. The trade war combined with China's slowing economy present asignificant short-term threat to the company's profits. As we note in section1, smartphone handset sales in China in August were reported at 32.6 millionunits, a decline of 20.9% year-over-year and 11.8% month-on-month. Moreover, no firm could suffer more if China decides to target techsupply chains in retaliation to Trump's tariffs.Yet, the risks extend beyond Asia. On Wednesday, Apple announced its newest generationof iPhones. It is following the same strategy as last year, releasing ever-more expensivephones as it tries to keep profit growth on pace despite a largely-matured smartphonemarket. As The Wall Street Journal reported this week, projections suggest last year's$1,000 iPhone X underperformed previous launches: "Even for Apple and its devotedfans, the art of the upsell appears to have some limits...Analysts believe theiPhone X has accounted for about 30% of iPhone unit sales in the recent nine-monthperiod...That is below the share the company's newest models typically get in a givencycle." Will a $1,200 iPhone cross the limits of what the market will tolerate?We have roughly a month until 3Q18 earnings season begins. For years, big tech'sremarkable profit trajectory has generated an air of invincibility. BAT's earnings misscombined with Facebook's earnings miss has cracked that expectation. As news reportsof regulatory threats continue to flood in and as tech giant profit doubtsmount, the weeks to come could see that crack turn to a fissure.Then there's Apple. The trade war combined with China's slowing economypresent a significant short-term threat to the company's profits. As we notein section 1, smartphone handset sales in China in August were reported at32.6 million units, a decline of 20.9% year-over-year and 11.8% month-on-month. Moreover, no firm could suffer more if China decides to target techsupply chains in retaliation to Trump's tariffs.Yet, the risks extend beyond Asia. On Wednesday, Apple announced itsnewest generation of iPhones. It is following the same strategy as last year,releasing ever-more expensive phones as it tries to keep profit growth on pacedespite a largely-matured smartphone market. As The Wall StreetJournal reported this week, projections suggest last year's $1,000 iPhone Xunderperformed previous launches: "Even for Apple and its devoted fans, theart of the upsell appears to have some limits...Analysts believe the iPhone Xhas accounted for about 30% of iPhone unit sales in the recent nine-monthHOUSE OVERSIGHT 032809period...That is below the share the company's newest models typically get ina given cycle." Will a $1,200 iPhone cross the limits of what the market willtolerate?Landon Thomas, Jr.Financial ReporterNew York Timeshttp://topics.nytimes.com/top/reference/timestopics/people/t/landon jr thomas/index.htmlHOUSE OVERSIGHT 032810