Friday Sep.03, 2021

💬 Facebook's big privacy fine

_Higher stakes than FIFA [John Lamb/The Image Book via GettyImages]_
_Higher stakes than FIFA [John Lamb/The Image Book via GettyImages]_

Hey Snackers,

Gen Z has some competition: 70 and up "grandfluencers" are the new influencers.

Stocks inched up to records again yesterday, after fresh labor data suggested that economic recovery is still on track despite rising Delta cases.

Private

Facebook’s WhatsApp just got a $270M privacy fine — global regulators are doubling down

GDP-R-you-ready-to-rumble… EU regulators slapped Facebook’s WhatsApp with a $270M fine this week for violating GDPR. Europe’s General Data Protection Regulation, aka: the world’s toughest data privacy law, forces companies to get permission to collect and share users’ data, protect that data, and report any breaches. That makes it harder for companies to monetize valuable user info (think: Facebook and ad targeting). According to regulators, WhatsApp shared data with FB and Insta without users’ permission.

Cue the GDPR yellow cards… But instead of a warning, companies are now getting fat fines. When GDPR went into effect three years ago, enforcement was minimal: European regulators had only issued around $86M worth of GDPR fines by the start of 2020. Since then, that figure has skyrocketed to $1.5B. Privacy activists have praised recent fines, but some say they’re still not big enough: For context: GDPR allows fines of up to 4% of a company’s global revenue, which means fines for Amazon could hit $15.4B. Some of the heftiest GDPR fines since 2019:

  • France fined Google $57M for illegal data processing.
  • Germany dinged H&M $42M for secretly collecting employee data.
  • The UK docked Marriott $24M and British Airways $26M.
  • Luxembourg fined Amazon a whopping $886M for a data breach.

Privacy is knocking… GDPR enforcement in Europe could inspire stricter privacy regulation across the globe. Last year, France fined Google $120M and Amazon $42M under its own national privacy laws. Regulators in Brazil, Japan, and India have also passed stricter privacy regulation inspired by GDPR. The US has no national equivalent, but California and Virginia passed GDPR-esque state laws — and Washington and New York are considering similar laws to protect citizens’ data.

Bralette

American Eagle's earnings: revenge spending, school delays, and the sub-brand takeover

Cutoff shorts summer... follows bralette spring. Mall icon American Eagle reported all-time high second-quarter sales yesterday. But sales still missed expectations, and the stock dropped 10% (womp). Mid-pandemic, AE's core brand sales fell while its loungewear sub-brand Aerie thrived. Aerie sells comfy basics, from hoodies to flared leggings — and makes up more than a fourth of AE's total sales. Pandemic-friendly Aerie is still #thriving, but AE's jeans and blouses bounced back last quarter, and are growing faster.

  • Jegging fit: AE's sales surged 35%, while Aerie's grew 34%. It's Aerie's 27th straight quarter of double-digit sales growth.
  • IRL fit: AE's online sales fell as shoppers returned to its 1K+ (non-clickable) stores. Meanwhile, Gap and Macy’s have seen ecomm growth taper.
  • School fit: Another retail trend that AE noted: back-to-school shopping is happening later than usual. Abercrombie suffered the consequences last quarter.

Not a horror movie... Last quarter, AE did a stellar job avoiding "The Discount Spiral of Death" by reducing discounts and avoiding overstock. That lack of 70% off tags led to a $121M profit, up from a $14M loss last year. AE also optimized costs by closing 18 core brand stores last quarter — but it opened 23 new Aerie stores.

Sub-brands are the new front-brands... Despite AE's rebound, Aerie was the earnings star. It's a theme: sub-brands have been driving big growth for their parents. Urban Outfitters' sales more than 3X'd last quarter, thanks to a major boost from its Free People activewear sub-brand, “Movement.” Hollister and lingerie brand Gilly Hicks now make up more than half of Abercrombie's total sales. And Old Navy makes up more than half of Gap's sales.

What else we’re Snackin’

  • Recovering: Jobless claims fell to 340K last week, their lowest levels since March 2020. All eyes are on the August unemployment rate, which drops today.
  • Yikes: Current and former execs of hedge fund Renaissance Technologies will personally pay up to $7B to settle an IRS dispute.
  • Mustang: Ford's August sales of new US vehicles plunged 33% from last year, as the global chip shortage continues to ravage the car industry.
  • Raise: Walmart increased hourly wages by at least $1 for 560K of its workers as it plans to staff up for the holidays in a tight labor market.
  • Exchange: China announced plans to launch a new Beijing Stock Exchange that caters to small businesses by making it easier for entrepreneurs to raise capital.
  • Prosper: E-comm giant Alibaba is the latest company to contribute to the Chinese government's "common prosperity" push with a $15.5B pledge, amid China's tech crackdown.

Friday

  • August unemployment rate drops

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

ID: 1825431

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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.

2024-04-22-1-america-importing-less-from-china

The US now buys more goods from Mexico than from China

Chinese imports are down as companies begin to "nearshore" in Mexico

2024-04-22-paramount-global-site

Multiple bidders want to buy Paramount Global’s sprawling media assets

Junk

How much of the world’s plastic is recycled? Only a fraction

Landfills still account for the majority of plastic disposal

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.