Thursday Nov.05, 2020

🚗 Uber & Lyft's Prop 22 victory

_Christmas came early for Uber and Lyft_
_Christmas came early for Uber and Lyft_

Hey Snackers,

Another day, another “Election” Google search every 5 minutes mid-Zoom call.

Stocks closed higher yesterday, even as election results remained unclear. The tech-heavy Nasdaq index was the biggest gainer, popping nearly 4%. We'll dig into why below.

Deliver

Uber, Lyft, and DoorDash score a gigantic win as CA voters save the gig economy

Saved by the ballot... App-based driving companies are majorly relieved after CA voters said "Yes" to Prop 22. That exempts them from CA's AB5 law, which would've forced them to reclassify gig drivers as employees (think: healthcare, PTO, paid sick leave).

  • "The Ride Scare"... In August, Uber and Lyft said they'd shut down in CA because it was forcing them to follow AB5 (cue: panic). Hours before the shutdown, regulators said they could wait until the Prop 22 vote.
  • $200M and 200M emails later... Uber, Lyft, DoorDash, Postmates, and Instacart spent $200M to support the Prop (and spammed us with notifications). It was the most expensive campaign for any ballot measure in CA history.

Deliver the deets... This law would've made hiring drivers more expensive, making these chronically unprofitable apps even more unprofitable. Now they'll save billions of $$$ in a key market. Uber and Lyft shares soared more than 10% yesterday.

  • Drivers get: New benefits like health insurance if you work 15 hours or more per week and at least 120% of minimum wage. They also retain flexibility to work when they want.
  • Riders avoid: Up to 2X price increases and fewer available drivers. Uber would likely have dramatically reduced drivers if the Prop failed.

It's a massive blow to AB5... Gig companies were the main target of this law. Now that they're exempt, that just leaves other independent contractors like freelancers. But AB5 has caused some companies to stop hiring CA freelancers to avoid paying them as employees. Vox cut 200 freelance writers to comply with AB5. That's why CA has been handing out exemptions and loosening requirements.

Track

Stocks react to election results: we break down sector moves, from Big Tech to pot

2,000 years later... (in SpongeBob voice). As Americans watched election results slowly trickle in yesterday, only one thing seemed clear: the likelihood of a divided Congress (the sequel). This Democrat-controlled House and Republican-controlled Senate excited one sector: Big Tech.

  • A divided Congress makes it harder to pass legislation against tech giants. Both sides have major beef with Big Tech, but their grievances are different (sometimes, opposite).
  • A Blue Wave in Congress could've brought big changes to Big Tech. That doesn't seem to be happening, reducing the chance of major reform.
  • So investors boosted Big Tech. The Nasdaq surged yesterday as Facebook stock jumped 8% and Google and Amazon spiked 6%.

Big Gambling... also made some election-related moves. Voters in Maryland, Louisiana, and South Dakota said "Yes" to legalized sports betting, sending DraftKings and Penn National Gaming shares up over 5%. Also making waves:

  • Big Weed: Arizona, New Jersey, Montana, and South Dakota voted to legalize recreational marijuana. Oregon took it a step further, becoming the 1st to legalize magic shrooms for medical treatment.
  • Buuut... Big Pot stocks Canopy, Aurora, and Tilray actually dropped because they want legalization at the federal level. A Republican Senate makes that unlikely.

The 1st reaction isn’t always the long-term one... Stocks react to news all the time — but long-term, there's a lot we still don't know. For example, it's possible that a divided House could pass laws that significantly hurt Big Tech — or green light weed.

What else we’re Snackin’

  • Biscuit: Wendy's nabbed new breakfast goers last quarter, even as other fast-food chains lost to cereal.
  • Vacay: Expedia's earnings weren't as bad as expected thanks to an uptick in summer travel — but sales were still down 58%.
  • Pixel: Comcast and Walmart are reportedly in talks to develop Smart TVs that include Comcast's software and streaming services.
  • Ballot: CA voters rejected Prop 16, which would've allowed affirmative action for public universities and government hiring/contracts.
  • Bimmer: BMW saw strong growth in profits and sales thanks to the pandemic recovery in China, where sales rose 31%.
  • Treat: Biogen stock soared 44% after FDA staff said it had enough data to approve its experimental Alzheimer’s drug.

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Thursday

Disclosure: Authors of this Snacks own shares of Uber, Walmart, Google, and Amazon

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Business

The FTC vs. Big Handbag

The Federal Trade Commission has sued to block big tech, big grocery, big vacuum, and now, big… “affordable luxury handbag.”

Yesterday, the FTC sued to block Tapestry Inc’s $8.5B acquisition of Capri holdings. The agency is worried that a merger between Tapestry, which owns the Coach and Kate Spade brands, and Capri, which owns Michael Kors, would eliminate competition in the market.

The crux of the FTC's argument lies in the scope of the "accessible luxury" handbag market, where Tapestry competes with Michael Kors, with the FTC saying the following:

Where Tapestry and Capri most vigorously compete against one another – mainly between Tapestry’s Coach and Kate Spade brands against Capri’s Michael Kors brand – is in the “accessible luxury” handbag market. Today, Coach, Kate Spade and Michael Kors continuously monitor each other’s handbag brands to determine pricing and performance, and they each use that information to make strategic decisions, including whether to raise or lower handbag prices.

The deal would eliminate fierce head-to-head competition on many important attributes including on price, discounting, and design. Tens of millions of Americans that purchase Coach, Kade Spade, and Michael Kors products could face higher prices

While Capri and Tapestry are two of the largest players in this market, winning an antitrust case won't be so straightforward, as consumers have other options at similar price points, including Marc Jacobs (owned by competitor LVMH), Tory Burch, Cuyana, and Mansur.

The crux of the FTC's argument lies in the scope of the "accessible luxury" handbag market, where Tapestry competes with Michael Kors, with the FTC saying the following:

Where Tapestry and Capri most vigorously compete against one another – mainly between Tapestry’s Coach and Kate Spade brands against Capri’s Michael Kors brand – is in the “accessible luxury” handbag market. Today, Coach, Kate Spade and Michael Kors continuously monitor each other’s handbag brands to determine pricing and performance, and they each use that information to make strategic decisions, including whether to raise or lower handbag prices.

The deal would eliminate fierce head-to-head competition on many important attributes including on price, discounting, and design. Tens of millions of Americans that purchase Coach, Kade Spade, and Michael Kors products could face higher prices

While Capri and Tapestry are two of the largest players in this market, winning an antitrust case won't be so straightforward, as consumers have other options at similar price points, including Marc Jacobs (owned by competitor LVMH), Tory Burch, Cuyana, and Mansur.

Tesla had a good ride, but the stock’s price destruction is historic

Few people have created as much value as Elon Musk. The iconoclastic entrepreneur took Tesla from a market capitalization of roughly $2 billion at the time of its IPO in 2010 to $1.2 trillion in early 2023. That’s a return of about 55,000%. Musk made a lot of people a lot of money.

On the other hand, Tesla shares are down nearly 60% since their all-time peak. The company has ceded ground in EVs, prompting a series of profit crushing price cuts to preserve market share. The cumulative loss in market value over that period is pushing $800 billion. Few corporate executives have presided over such a degree of value destruction.

And it could get worse, as people are bracing for an ugly update when Tesla reports after the close Tuesday.

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Tech

Smaller AI models are in

Tech companies that have long touted the enormity of their AI models are now saying size doesn’t always matter.

Microsoft is the latest tech company to introduce smaller AI models, as part of its Phi-3 tech family. Last week Meta released two smaller models of its AI Llama 3 and earlier this year Alphabet did the same. All are open sourcing these models to encourage wider adoption.

Microsoft says its smallest model, which can fit on a smartphone and wouldn’t need to be connected to the internet to work, is nearly as good as OpenAI’s GPT-3.5. A Microsoft exec suggested this less expensive model could be a good fit for online advertisers, if not doctors.

Microsoft says its smallest model, which can fit on a smartphone and wouldn’t need to be connected to the internet to work, is nearly as good as OpenAI’s GPT-3.5. A Microsoft exec suggested this less expensive model could be a good fit for online advertisers, if not doctors.

$127

The average bitcoin-transaction fee hit an all-time high of $127 on Friday.

The temporary spike came as the halving cut miner rewards and traders forked over huge sums of BTC (skewing the average) to be included in the first post-halving block.

Adding fuel to the fee fire was the launch of Runes, a new protocol that lets developers create memecoins on top of the bitcoin blockchain. The debut was so popular that fees popped as traders fought for limited block space.

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Junk

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Markets

Stock market gains for 2024 cut by more than half

All of the sudden, the stock market seems to be running out of steam.

There’s no big mystery here. War in the Mideast has pushed up oil prices, which will help keep inflation elevated. And annoyingly high price increases in March have already pushed the June Fed rate cuts the market was banking on farther into the uncertain future.

All that’s added up to higher interest rates and lower stock prices.