DAILY UPDATE: Meta Anti-Trust Trial and Drug Price Negotiations with Few UP and Many DOWN Stocks

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Meta’s antitrust trial resumes: The FTC is accusing CEO Mark Zuckerberg of purchasing Instagram and WhatsApp to gain an unfair monopoly in the social media space, while the defense is expected to argue that the success of those apps is a product of Meta’s acquisition. Testimony will continue this week, with one Vanderbilt law professor telling Quartz that she expects to hear more expert testimony: “Judges tend to put a lot of stock in expert opinion in antitrust cases, especially when it comes to market definition and monopoly power.”

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🟢 What’s up

  • Netflix rose 1.57% on a strong vote of confidence from Wall Street pros: After last week’s earnings blowout, the streaming service received price target upgrades from JPMorgan, Wells Fargo, Goldman Sachs, Evercore ISI, Morgan Stanley and Piper Sandler today.
  • Discover Financial Services climbed 3.53% after its merger with Capital One got the greenlight from regulators. Capital One rose 1.54%.
  • MicroAlgo exploded 74.93% after the tech holding company became the latest hot penny stock du jour.
  • Gold miners continue to mint big gains as the hot commodity broke yet another record. Barrick Gold gained 1.39%, while Anglogold Ashanti climbed 2.13%.

What’s down

  • Chipotle sank 3.48% after announcing plans to open its first restaurant in Mexico.
  • Hertz Global gave up some of last week’s big gains today, dropping 4.98% as investors took profits following Bill Ackman’s hint that the rental car company may team up with Uber.
  • Speaking of, Uber fell 3.08% after the FTC sued the ride-hailing company for “deceptive billing and cancellation practices.”
  • Amazon lost 3.11% thanks to a downgrade from Raymond James analysts. They believe the e-commerce titan’s retail and advertising businesses are too exposed to tariffs.
  • Salesforce stumbled 4.45% on a downgrade from DA Davidson analysts, who say the SAAS company is too focused on AI and not on its core business.
  • Deutsche Post AG, better known as DHL, announced it is suspending shipments worth over $800 as the international shipping company struggles with tariffs. Shares fell 1%.
  • Comerica lost 4.36% after the regional bank forecast lower loans and deposits in 2025.

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Now that the US government is negotiating drug prices directly with manufacturers, states want to get in on the action, too. These efforts vary by state, but generally involve creating a board to review drugs’ affordability and sometimes setting upper price limits (UPLs). While none have implemented UPLs as of April, as the idea gains momentum, there are questions about UPLs and boards’ legality, practicality, and whether they will actually lower costs for patients.

Visualize: How private equity tangled banks in a web of debt, from the Financial Times.

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PARADOX: Anti-Trust Definition with Book

By Staff Reporters

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The anti-trust paradox suggests that antitrust enforcement artificially raised prices by protecting inefficient competitors from competition.

The Antitrust Paradox Book is an influential 1978 book by Robert Bork that criticized the state of US anti-trust law in the 1970s. A second edition, updated to reflect substantial changes in the law, was published in 1993. Bork has credited Aaron Director as well as other economists from the University of Chicago as influences.

Bork argued that the original intent of antitrust laws as well as economic efficiency makes consumer welfare and the protection of competition, rather than competitors, were the only goals of antitrust law.

Thus, while it was appropriate to prohibit cartels that fix prices and divide markets and mergers that create monopolies, practices that are allegedly exclusionary, such as vertical agreements and price discrimination, did not harm consumers and so should not be prohibited.

The paradox of antitrust enforcement was that legal intervention artificially raised prices by protecting inefficient enterprises from competition.

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DAILY UPDATE: Google Monopoly, Mag 7 Still Down as VIX “Fear Index” Rises and Stock Markets Plunge!

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A federal judge ruled that Google engaged in illegal practices to preserve its search engine monopoly, delivering a major antitrust victory to the Justice Department in its effort to rein in Silicon Valley technology giants. Google, which performs about 90 percent of the world’s internet searches, exploited its market dominance to stomp out competitors, U.S. District Judge Amit P. Mehta said in the long-awaited ruling.

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Stat: $900 billion. That’s the potential market value loss of the Magnificent Seven tech companies as investors shed tech stocks. The selloff comes as investors are looking for safer bets in the event of a recession. (Reuters)

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Here’s where the major benchmarks ended:

  • The S&P 500 index tanked 160.23 points (–3.00%) to 5,186.33; the Dow Jones Industrial Average® ($DJI) plunged 1,033.99 points (–2.60%) to 38,703.27; the NASDAQ Composite plummeted 576.08 points (–3.43%) to 16,200.08.
  • The 10-year Treasury note yield (TNX) dropped to 3.78%, the lowest close since June 2023.
  • The CBOE Volatility Index® (VIX) ended at 37.04, a four-year high but well-off intraday peaks above 60.

Today, the VIX reached levels not seen since early 2020 during the pandemic panic. This type of volatility can suggest oversold conditions. A higher VIX, sometimes called the “fear index,” reflects uncertainty and can suggest quicker, more intense market swings.

What’s up

What’s down

  • Apple stumbled 4.82% after Warren Buffett’s Berkshire Hathway revealed it has cut its position in the tech company by nearly 50%.
  • Nvidia fell 6.36% after a report this weekend revealed that its brand new chips will be delayed by three months or more due to design flaws.
  • Tesla sank 4.23% due to concerns about the auto maker’s global growth, despite Elon Musk’s recent positivity.
  • Intel continued to crumble, sliding 6.38% as the after-effects of its terrible second-quarter earnings report continue to be felt.
  • Bitcoin-related stocks plummeted today as cryptocurrencies were unable to avoid a major selloff. Coinbase plunged 7.32%, while MicroStrategy dropped 9.60%, and even Robinhood tumbled 8.17%.

Visualize: How private equity tangled banks in a web of debt, from the Financial Times.

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HEALTHCARE PRIVATE EQUITY: Federal Regulators Launch Inquiry

By Health Capital Consultants, LLC

On March 5th, 2024, the Department of Justice’s (DOJ’s) Antitrust Division, the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS), announced the launch of a multi-agency inquiry – in the form of a request for information (RFI) and public workshop – focusing on the increasing control of private equity (PE) and other corporations over the healthcare industry.

This Health Capital Topics article discusses the agencies recent actions and how it appears to be in line with the government’s recent moves to crack down on anti-competitive actions in healthcare. (Read more…)

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PODCAST: Health Insurance Carriers Now Subject to Anti-Trust Regulations

Congress Passed and the President Signed the Competitive Health Insurance Reform Act of 2020 (CHIRA)

By Eric Bricker MD

PODCAST: https://www.youtube.com/watch?v=AbOHzYTYbPM

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