Surging Windstream Spreads Remind Wall Street Why Synthetic CDO’s Are A Bad Idea

Just a couple of weeks ago, we wrote a post about Citibank and the 35 year old they recently put in charge of once again making the bank into a powerhouse in the Synthetic CDO market.  Less than a decade after being forced to take a taxpayer funded bailout to avoid an embarrassing bankruptcy filing, it seemed as though Citi had learned precisely the wrong lesson from the 2009 financial collapse, namely that their bad behavior would forever be backstopped by the American taxpayerBut please don’t lose too much sleep over the risk to your tax bills because this time Citi says they’re positive they’re building the business in a “way that insulates them from any losses.”

Now, fast forward just a couple of weeks and it seems that the serial high-yield issuer, Windstream Communications, is suddenly reminding wall street why it’s a bad idea to package up a bunch of synthetic securities referencing risky credits, lever it 10x and then tranche it up and pretend there is no risk.

As Bloomberg points out today, in the beginning of August, Windstream’s 2-year credit spreads were historically tight to 5-year risk, a phenomenon partially attributable to a surge in Synthetic CDO demand for short-dated contracts.  But that all changed in a matter of weeks after Windstream missed earnings, cut its dividend and got slapped with lawsuit from a hedge fund alleging that one of the company’s spinoffs amounted to a default.

The telecommunications company features in an estimated $3.5 billion of complex wagers — known as synthetic CDOs — that the global credit boom will keep America’s heavily indebted companies out of trouble for a while longer. Junk-rated Windstream, along with the magic of financial engineering, helped Wall Street turbocharge yields and breathe new life into an exotic investment that had been left for dead in the wreckage of the 2008 financial crisis.

 

Now, the company has emerged as a troubling omen as it tussles with a hedge fund that Windstream says is trying to push it into bankruptcy. After synthetic CDO bets sent the cost of insuring the company’s debt in the short-term toward historic low levels, Windstream’s sudden troubles are giving investors a flavor of how quickly their fortunes can turn.

 

“We have seen this movie before,” said Peter Tchir, a strategist at Academy Securities Inc. in New York, who has traded and advised on credit derivatives for over two decades. “Investors become convinced that while there might be risk, it is further in the future. It leaves the market susceptible to surprises.”

 

“Just like in early 2007, when curves were very steep and it seemed as though everyone was a seller of credit protection, especially short dated protection – we saw how quickly that could reverse,” Tchir said.

Mass confusion, eerily reminiscent of 2008, quickly ensued as holders of Synthetic CDOs on the hook for $350 million worth of short-term Windstream credit risk attempted to hedge their positions resulting in an inversion of the company’s curve.

As Bloomberg notes, the process all started when demand from Synthetic CDOs forced the spread between 5 and 2-year credit risk to all-time wides…

Because the latest synthetic CDO trades have largely been limited to three years or less, the contracts are suppressing yields on shorter-term credit swaps, leaving CDO investors vulnerable to a sharp correction were sentiment to sour in the next few years.

 

That’s what happened with Windstream. During the first half of 2017, the resurgent CDO market pushed down the amount investors are paid for two-year Windstream credit swaps to about four percentage points less than what investors in a five-year swap would have been paid. During the previous decade, the gap was about two percentage points, meaning that two-year swaps investors earlier this year were getting paid about half the amount they would have received in previous years relative to the longer-term contracts.

…which rapidly changed in mid-August resulting in substantial losses that could threaten to wipe out the riskiest slugs of CDOs depending on their level of exposure to the credit.

By August everything had changed for Windstream. The cost of two-year swaps soared as the company missed analysts’ sales forecasts and halted its dividend amid customer losses and a declining landline business. S&P downgraded the company in September.

 

Also last month, Windstream said it received a letter from a bondholder, later identified by Bloomberg News as Aurelius Capital Management, who claimed the company’s spinoff of a unit amounted to a default on its debt.

 

Two-year swaps surged so much that the annual premium surpassed what investors buying five years of protection were paying — an anomaly in the market known as an inverted curve. By the end of September, credit-swaps traders were demanding an annualized 25 percentage points to insure against a Windstream default for two years, a level that implied a 60 percent probability of default.

 

The stakes are high for CDO investors because an estimated $350 million of Windstream credit swaps insuring its debt have been included in CDOs since 2015, according to the market participant familiar with the transactions. That’s almost two thirds of the net $550 million of outstanding credit swaps covering the firm’s debt as of Sept. 1, according to the latest data from ISDA.

For those who have forgotten how Synthetic CDOs work, below is a quick reminder.  To summarize, you go out and find a bunch of suckers willing to backstop trillions of dollars worth of credit risk in return for a few bps in annual premium payments.  You then tranche out the risk being taken by the CDO investors so that those at the top can get a AAA-rating and, in return, tell their investors that they’re taking no risk at all.  Those investors then lever up their capital another 10x so they can make 8% returns on a ‘risk-free’ investment…it’s basically as safe as having you’re own printing press from the U.S. Treasury.

Typically, these CDOs pool together about 100 different credit-default swaps tied to various companies, which are then sliced into varying levels of risk called tranches — senior, mezzanine and equity. Over the life of a deal, which generally lasts two to three years, the swaps generate a steady stream of income for “long” investors (and are paid by “short” investors on the other side of the trade who want insurance against a potential default).

 

The equity tranche has the biggest risk of getting wiped out if losses from defaults exceed roughly 5 to 7 percent, and nets the highest returns.

Synthetic CDO

And guess who’s buying all this garbage?  If you guessed 20-something year old pension and insurance fund investors who were in middle school during the last financial crisis then you’re absolutely right…congratulations.

Yet after years of rising markets, declining corporate defaults and tighter credit spreads, the trade is finally attracting greater interest. Increasingly, pension funds and endowments have become senior tranche investors in many of Citigroup’s synthetic CDOs. And because the CDOs are derivatives, they have small upfront costs and amplify returns.

 

“There is a whole generation of people in finance who never knew or forgot what the problems were with synthetic CDOs,” said Janet Tavakoli, a 30-year veteran of the financial markets who runs a consulting firm and has written books on structured credit and CDOs. “Just as derivatives can lever up the upside, they can lever up the downside.”

Then again…maybe this is just a great opportunity for more Synthetic CDOs to come along and Buy The Fucking Windstream 2-Year CDS Dip.  

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California Allows Fully Autonomous (No Driver Present) Vehicle Tests

Authored by Mike Shedlock via MishTalk blog,

Truly driverless vehicles are about to hit the streets of California.

The naysayers who said this will never happen, or won't happen for a decade are about to be proven wrong.

Tech Crunch reports California DMV Changes Rules to Allow Testing and Use of Fully Autonomous Vehicles.

The California Department of Motor Vehicles is changing its rules to allow companies to test autonomous vehicles without a driver behind the wheel – and to let the public use autonomous vehicles.

 

The DMV released a revised version of its regulations and has started a 15-day public comment period, ending October 25, 2017.

 

“We are excited to take the next step in furthering the development of this potentially life-saving technology in California,” the state’s Transportation Secretary, Brian Kelly, said in a statement.

 

With the newly revised regulations, California drives a bit farther down the road for autonomous vehicle testing, but it’s not alone. Singapore has already established zones for autonomous vehicle testing, and other nations are pushing to assume the pole position in the autonomous vehicle race.

Within one year or so of final approval (not just testing), driverless trucks on interstate highways will be the norm, not the exception. Airport taxis will follow.

My 2022 date for trucks may very well be too pessimistic.

If you have a job driving nearly anything but specialty services, it will likely be gone by 2025.


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Jamie Dimon Breaks Promise Of Silence, Says “People Who Buy Bitcoin Are Stupid”

Yesterday during JPMorgan's earnings call, CEO Jamie Dimon relayed the following…

"I wouldn’t put this high in the category of important things in the world, but I’m not going to talk about bitcoin anymore."

It seems 'anymore' to Dimon means 'less than 24 hours' as during a panel at an IIF event today, the outspoken bank boss – apparently still feeling threatened by the disruptive technology – lashed out again at the cryptocurrency…

  • *DIMON: PEOPLE WHO PURCHASE BITCOIN ARE STUPID
  • *DIMON: "WHO CARES ABOUT BITCOIN?"
  • *DIMON: I DON'T UNDERSTAND THE VALUE OF SOMETHING WITHOUT VALUE
  • *DIMON: I COULD CARE LESS ABOUT BITCOIN
  • *DIMON: BITCOIN IS `A GREAT PRODUCT' IF YOU ARE A CRIMINAL'

And then he ended with another promise…

  • *DIMON: THIS IS THE LAST TIME I TALK ABOUT BITCOIN

We wonder how long that will last.

Image courtesy of CoinTelegraph

And then Larry Fink piped in…

*FINK: BITCOIN IS AN INDEX TO MONEY LAUNDERING

We have to say for 'something' that is not worth talking about and he "couldn't care less about," the big status-quo-sustaining banking elite sure do talk about Bitcoin a lot!!

Perhaps this is why…

And even more upsetting for the 'master of the universe' is that his words had zero effect as Bitcoin is now immune to bankers' bleating…

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Veteran Bucks the Former Mayor of Phoenix, City Makes Him Pay for More Than a Decade

Robert Stapleton was a United States Marine in Vietnam. The war left him injured, and with a desire to be alone, and far away from people.

When he came back to the States, he moved his then-wife and their young son out to a small house on a half-acre plot of land on the outskirts of Phoenix, Arizona.

“I was just spent when I got done with the whole thing,” Stapleton tells Reason of his experience. “I came to the desert to rest and regroup. And this was fine, this little house.”

For thirty years, Stapleton raised horses and plied his trade as a blacksmith while the city slowly grew up around him. During that time, says Stapleton, no one seemed to care much about his property or what he did with it.

Until the former mayor of Phoenix set eyes on it.

In 2006, Larry Herring, a representative for former mayor Phil Johnson offered Stapleton $225,000 for his property. Johnson intended to build condominiums next door. Stapleton told Herring his offer was much too low.

Herring, Stapleton says, told him if he didn’t sell, “bad things are going to happen to you” and that “a stone wall is going to fall on you.”

Since then Stapleton has been struggling to keep the stone wall from crushing him. His story first came to light during an an investigation into Arizona’s city courts by Mark Flatten with the Goldwater Institute.

Stapleton’s fight, Flatten tells Reason, illustrates how the power of government is arrayed against justice for its citizens. “Everyone you are up against works for the city council,” Flatten says. “The whole system leaves defendants with very little due process, and with very little independent review.”

Shortly after rebuffing Herring’s offer, city officials cited Stapleton with six violations of the zoning code, everything from a fence that was too high, to vehicles improperly parked. The fines were $2,500 and came with the threat of six months in jail for each violation.

Stapleton argued each of the violations were for long-standing features of his property, necessary for raising horses. “These things are farm things, and it’s a farm,” Stapleton says. “You didn’t bother me for thirty years. Now somebody wants the property, you want to bother me. And they were going to send me to jail to do it.”

Stapleton chose to fight. The city rejected his request for a jury trial and in May 2007, a city judge fined Stapleton $15,000 and sentenced him to three years probation on the condition that he address his code violations or go to jail.

At the same time the city was punishing Stapleton it was granting multiple variances to the ex-mayor’s development next door, one of them to allowed him to build a fence a foot higher than the one for which it fined Stapleton.

“They don’t use the law to help people. They use the law to hurt people, and they use the law to hurt specified people,” he says.

Stapleton agreed to pay off his fines in $500 monthly installments, but refused to make the changes demanded by the court. Rather than let the matter go, prosecutors sought jail time even though Stapleton had suffered a stroke. In April 2010, he was sentenced to 60 days in the Maricopa County Jail and 45 days of home detention. Jailers disqualified him from detention for health reasons and sent him home.

Stapleton’s public defender, Laurie Herman told the Flatten that the city was looking to make an example of Stapleton. “He was treated unusually harshly because he didn’t cave…and because he didn’t submit to the authority, that really irked them.”

The city of Phoenix denies it singled out Stapleton for especially harsh treatment, or that it doing so because of pressure from Johnson. In response to written questions submitted by the Flatten, the city said, “if the court finds the owner responsible but he still refuses to clean up the property, the city prosecutor may file criminal charges. The Stapleton case went through all steps of this process.”

Johnson also told Flatten that he never leaned on the city to pursue Stapleton’s case.

Stapleton paid off his fines in December 2015, but his troubles might not be over. The Goldwater Institute obtained emails from Justin Johnson, son of the ex-mayor and manager of the now completed housing development, to city officials pointing out more code violations on Stapleton’s property.

Stapleton says he’s prepared to fight for his rights all over again again, telling Reason it’s not just about his property, it’s about justice.

“It’s just engrained in my mind,” he says. “You stand for the right, because it’s right. When you think there is something wrong, do something. Don’t quibble, do something.”

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Mr. Smith Goes to Court

America’s oldest ongoing civil case began in 1951, when the military sued thousands of Southern California landowners to establish Camp Pendleton’s control of their water rights. The move sparked a lot of outrage at the time. The Los Angeles Times, which in those days tended toward a curmudgeonly conservatism, crusaded against it; Reader’s Digest joined in too; The Saturday Evening Post ran a story on the subject headlined “The Government’s Big Grab.” That piece opened with some of the most egregious elements of the tale, like the church that had used just $4.70 worth a water in a month and was nonetheless being told it could be cut off. Then the authors laid out what they saw as the stakes of the story: “if the Federal Government can, by sovereign authority, take California water, then it might, by the same reasoning and authority, take anything anywhere.”

By the end of the ’50s a lot of the smaller landholders had been dropped from the case, and in 1963 a judge ruled largely, though not entirely, against the feds. Since then the saga has seemed less like an apocalyptic fight for freedom and more like an endless stretch of legal trench warfare, as different litigants dispute the precise boundaries of their rights. “This western water rights case will likely outlive us all,” The San Diego Union-Tribune concluded last year.

But our interest here is in the early days of the conflict, and in one particular property owner who got drawn into the fray. One of the landholders sued by the feds was Frank Capra, the director behind such films as It’s a Wonderful Life, Mr. Smith Goes to Washington, and Meet John Doe. The Chamber of Commerce and The Los Angeles Times asked Capra to make a movie about the issue, and so he helmed a short documentary called The Fallbrook Story, released in 1952. He kept his name off it, and I can’t say I blame him—on an artistic level it may well be the worst thing he ever made. Capra’s biographer Joseph McBride wrote that it feels “like a crude parody of a Frank Capra film”; I think McBride is wrong about many things, but not about that.

But while The Fallbrook Story is too clumsy to be good art and too romanticized to be solid journalism, it still comes down on the right side of the dispute. And it is, at the very least, a fascinating footnote in the filmmaker’s career. Watch it here:

Since this battle pit citizens against the national security state in the feverish early years of the Cold War—and during the Korean hot war at that—you might wonder whether any of the people battling the feds were redbaited. In fact, the era’s most infamous redbaiter seems to have sided with the landholders. That San Diego Union-Tribune piece points out that the “Navy’s participation in the lawsuit was even investigated by a Senate subcommittee helmed by Sen. Joseph R. McCarthy, known for his reckless Cold War accusations, on grounds that there was a previous order prohibiting the use of Navy funds to prosecute the case.” McCarthy, of course, was not a guy who let his fear of communism keep him from picking fights with the military, a fact that eventually led to his doom.

(For past editions of the Friday A/V Club, go here. For other installments featuring Frank Capra, go here and here.)

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Trump Invites “Crushing” Response After Designating Iran’s Revolutionary Guard As Terrorist Organization

While Trump’s just announced decision to decertify the Iranian nuclear deal, giving Congress 60 days to decide whether to unwind Obama’s landmark dlea, was widely leaked previously even though few can point to just what aspects of the deal Iran violated, one aspect of Trump’s Iran statement was unclear: whether he would designate Iran’s Islamic Revolutionary Guard Corp, or IRGC, the elite wing of Iran’s army, a terrorist organization –  a move which Iran vowed would prompt “decisive , crushing” retaliation.

Trump did just that, and the new, sweeping sanctions on the IRGC could affect conflicts in Iraq and Syria, where Tehran and Washington both support warring parties that oppose the Islamic State militant group. This is what the Treasury posted on its sanctions website moments ago:

Treasury Designates the IRGC under Terrorism Authority and Targets IRGC and Military Supporters under Counter-Proliferation Authority

 

WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Iran’s Islamic Revolutionary Guard Corps (IRGC) pursuant to the global terrorism Executive Order (E.O.) 13224 and consistent with the Countering America’s Adversaries Through Sanctions Act.  OFAC designated the IRGC today for its activities in support of the IRGC-Qods Force (IRGC-QF), which was designated pursuant to E.O. 13224 on October 25, 2007, for providing support to a number of terrorist groups, including Hizballah and Hamas, as well as to the Taliban.  The IRGC has provided material support to the IRGC-QF, including by providing training, personnel, and military equipment.

 

“The IRGC has played a central role to Iran becoming the world’s foremost state sponsor of terror.  Iran’s pursuit of power comes at the cost of regional stability, and Treasury will continue using its authorities to disrupt the IRGC’s destructive activities,” said Treasury Secretary Steven T. Mnuchin.  “We are designating the IRGC for providing support to the IRGC-QF, the key Iranian entity enabling Syrian President Bashar al-Assad’s relentless campaign of brutal violence against his own people, as well as the lethal activities of Hizballah, Hamas, and other terrorist groups. We urge the private sector to recognize that the IRGC permeates much of the Iranian economy, and those who transact with IRGC-controlled companies do so at great risk.”

 

IRGC

 

The IRGC was designated today for the activities it undertakes to assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF.  The IRGC, which is the parent organization of the IRGC-QF, was previously designated pursuant to E.O. 13382 on October 25, 2007, in connection with its support to Iran’s ballistic missile and nuclear programs, and pursuant to E.O. 13553 on June 9, 2011 and E.O. 13606 on April 23, 2012, in connection with Iran’s human rights abuses.

 

The IRGC has provided material support to the IRGC-QF, including by providing training, personnel, and military equipment.  The IRGC has trained IRGC-QF personnel in Iran prior to their deployments to Syria, and has deployed at least hundreds of personnel from its conventional ground forces to Syria to support IRGC-QF operations.  IRGC personnel in Syria have provided military assistance to the IRGC-QF, and have been assigned to IRGC-QF units on the battlefield, where they provide critical combat support, including serving as snipers and machine gunners.

 

Additionally, the IRGC has recruited, trained, and facilitated the travel of Afghan and Pakistani nationals to Syria, where those personnel are assigned to, and fight alongside, the IRGC-QF.  The IRGC also has worked with the IRGC-QF to transfer military equipment to Syria.  The IRGC used both IRGC bases and civilian airports in Iran to transfer military equipment to Iraq and Syria for the IRGC-QF.

Now it’s a question of what Iran (and Russia) does: as a reminder, on Monday, Iran vowed to give a “firm and crushing” response if Washington adds the IRGC to the list of terrorist organizations, which the US just did. 

“We are hopeful that the United States does not make this strategic mistake,” Iranian Foreign Ministry spokesman Bahram Qasemi stated during a news conference according to Reuters. “If they do, Iran’s reaction would be firm, decisive and crushing and the United States should bear all its consequences.”

 

Commenting on the IRGC designation, University of Tehran analyst Seyed Mohammad Marandi said that Iran will give a similar designation to the US military. Asked by the local media if he expects Trump to decertify the nuclear deal on October, 15, and what impact this could have on stability in the world, Marandi responded:

It is quite possible. Of course, Mr. Trump is a very unpredictable person, but all indications seem to show that that is what he is going to do. If he does decertify the agreement, basically it will show the international community the US is an untrustworthy country, and it is not a country you can negotiate with. It will prevent Iran from being able to carry out any negotiations in the future with the US because the Iranians will conclude that even if there is some sort of agreement over any Issue, the US may tear up that agreement later on. And I think the same is true with any country that wants or is even contemplating negotiating with the US. The US hurts itself more than anyone else. If it wishes to increase sanctions on Iran, then I think the Iranians will find the means to retaliate.

 

* * *

 

If he decertifies the nuclear deal, a lot will depend on the reaction of the EU countries. If the EU countries simply verbally oppose Trump, that is one way of moving forward. I think that would lead to the deal unfolding completely. If on the other hand, the EU countries and England decide that they will retaliate against the US, that they will sue the US or punish the US if it tries to punish their companies, that may bring about a different situation. But without a doubt, if the US wants to push for greater confrontation with Iran, the Iranians know quite well that the only way to make sure the US backs off is if the Iranians push back just as hard, if not harder. Iran will not initiate any form of confrontation, conflict or tit-for-tat, but if the US begins something, then the Iranians will definitely push back very hard

As for whether the Iran deal ends following a Congressional review, a U.S. pullout from the Iran deal would unravel an accord seen by supporters as vital to preventing a Middle East arms race and tamping down regional tensions, since it limits Iran’s ability to enrich uranium for nuclear fuel in exchange for the lifting of sanctions that damaged its oil-based economy. As a reminder, prior to the deal Iran and Israel were constantly at each other’s throats, resulting in a constant fear of imminent war between the two nations.

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Saudi Aramco Reportedly Shelves IPO In “Face-Saving” Move

We noted a month ago that the long-awaited Saudi Aramco IPO, scheduled for mid-2018, could be delayed to 2019, but now, according to The FT, Aramco is considering shelving plans for an IPO altogether in favor of a private share sale to the world’s biggest sovereign wealth funds.

The FT notes that talks about a private sale to foreign governments – including China – and other investors have gathered pace in recent weeks, according to five people familiar with the IPO preparations, amid growing concerns about the feasibility of an international listing.

The Saudi state oil company has struggled to select a suitable international venue for its shares, as New York and London have vied for what has been billed as the largest ever flotation.

 

The company would still aim to list shares on the kingdom’s Tadawul exchange next year if they pursue the private sale, the people said.

 

The latest proposal by the company’s financial advisers was described by one of the people as a “face-saving” option for Saudi Aramco, which has worked on plans to list its shares internationally for more than a year.

Desk chatter included comments that the Saudis were anxious about the level of due diligence and transparency involved in a public offering.

A Saudi Aramco spokesperson said:

“A range of options, for the public listing of Saudi Aramco, continue to be held under active review. No decision has been made and the IPO process remains on track.”

The planned listing of a 5 per cent stake in Saudi Aramco is the centrepiece of an economic reform programme led by Saudi Arabia’s powerful crown prince Mohammed bin Salman, who is keen for a 2018 IPO. He has said the company could be worth $2tn although a Financial Times analysis put the valuation figure at around $1tn.

An economic recession in the kingdom is piling pressure on the prince, the king’s son and next in line for the throne, amid calls for the government to increase investment and ease austerity. As we noted previously, there could be more at play here…

Some analysts view the possible IPO delay as a sign of the problems Aramco and the Saudi government currently face. A lack of transparency, issues with its oil and gas reserves, and the role of the Saudi government as the main stakeholder have all been suggested as the reason for this possible delay. Most of these suggestions, however, are based purely on issues surrounding the IPO itself. The true reason for this delay, however, likely hides among the intricate societal and economic problems in the Kingdom.

 

One obvious reason for a delay is the still-fledgling global oil price. A higher price setting—above $60 per barrel—would surely drive up the overall interest in the IPO. As long as OPEC and non-OPEC members, such as Russia, are still struggling to get a grip on the oil market, the potential for disaster looms. Needless to say, an oil price slump would have a detrimental effect on the expected revenues of the IPO.

The analysts, it seems, feel no need to look any further than this simple oil price explanation, but several other key factors should be addressed…

 

The impact of an influx of $1-2 trillion into the current Saudi economy is bound to have a significant impact. The implementation of Saudi Vision 2030 is broad and ambitiously planned. A full diversification of the economy is needed to guarantee work and salaries for future young Saudis, with the end of government subsidies or handouts.

 

A multitrillion investment scheme in a rather small local economy will likely result in total disorder, inflation and possibly ineffective investment schemes. The attractiveness of investing the total amount could lead to staggering inflation, higher costs and superfluous projects being realized.

 

A delay of such an influx of cash seems to be more and more attractive, giving the Saudi government and local industries more time to adjust and put in place the right steps for a sustainable and commercially attractive economic future.

We previously indicated that China could step in as a financial savior. With around 8.5 million bpd of crude oil imports, which is 2.5 million bdp more than in 2014, the attractiveness of having a stake in Saudi Aramco is huge. Even though an energy diversification program is in place, China’s imports from Saudi Arabia are going to increase. For Beijing, a stake in one of its main suppliers is a very attractive proposition. It will not only lock in Saudi crude oil and petroleum product exports to China but it will also provide some additional political and strategic clout in the heart of the Middle East.

There will, of course, be a few big bankers who will be upset as their billion dollar fee/commission just went up in smoke, but this may give MBS some breathing room – without the undue attention of an IPO –  as he deals with the nation's economic slowdown. However, coming just a few days after the Saudi king's trip to Moscow, the timing of this leaked information seems interesting at the least.

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Qualcomm Files Lawsuit Seeking To Ban Sale And Manufacture Of iPhones In China

Apple experienced a sudden air pocket dip (which was promptly bought) after a Bloomberg report that Qualcomm has filed lawsuits in China seeking to “ban the sale and manufacture of iPhones in the country,” a move which is the chipmaker’s biggest shot at Apple so far in a bitter legal fight between the two companies.

San Diego-based Qualcomm filed the suits in a Beijing intellectual property court claiming patent infringement and seeking injunctive relief, according to Christine Trimble, a company spokeswoman, and hopes to inflict pain on Apple in the world’s largest market for smartphones, cutting off production in a country where most iPhones are made.  Greater China accounted for 22.5% of Apple’s $215.6 billion sales in fiscal 2016.

“Apple employs technologies invented by Qualcomm without paying for them,” Trimble said.

The two companies have lobbed legal shots and lawsuits at each other for years, and are currently months into a legal dispute that centers on Qualcomm’s technology licensing business. While Qualcomm gets the majority of its sales from making phone chips, it pulls in most of its profit from charging fees for patents that cover the fundamentals of all modern phone systems. The suits come at a sensitive time for Apple, which just introduced iPhone 8 and X models which aim at “reasserting leadership in a market that’s steeped in competition from fast-growing Chinese makers.”

Suppliers and assemblers in China are rushing to churn out as many new iPhones as possible ahead of the key holiday season, so any disruptions would likely be costly. As reported yesterday, the iPhone X is already suffering major problems involving its facial recognition technology, which if unresolved could lead to product launch delays.

Some more details from Bloomberg on the latest litigation:

The legal battle started earlier this year when Apple filed an antitrust suit against Qualcomm arguing that the chipmaker’s licensing practices are unfair, and that it abused its position as the biggest supplier of chips in phones. Qualcomm charges a percentage of the price of each handset regardless of whether it includes a chip from the company, and Apple issick of paying those fees.

 

Qualcomm has countered with a patent suit and argued that Cupertino, California-based Apple encouraged regulators from South Korea to the U.S. to take action against it based on false testimony. Earlier this week, Qualcomm was fined a record NT$23.4 billion ($773 million) by Taiwan’s Fair Trade Commission, a ruling the company is appealing. Qualcomm is also asking U.S. authoriti

While on the surface the latest legal salvo may sound serious, the market’s reaction – to this as well as to everything else – has been largely negligible, as BTFD algos rushedin to quickly fill the gap created by triggerhappy sellers.

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Nathan for You Tackles Uber, Finds the Free Market Always Wins

Last night’s episode of Nathan for Youthe reality show where Nathan Fielder tries to help struggling businesses by coming up with zany ideas to reinvigorate them—tackled the effect of Uber on the taxi business.

“Love massive corporations,” Nathan tweeted before last night’s show, “but tonight I make an exception and help cabbies take on Uber.”

(Spoilers ahead.)

The episode revisited Andy, a taxi driver Nathan first tried to help back in 2014. Even then, Andy was struggling to compete with Uber. Nathan’s idea was to find a pregnant woman to give birth in Andy’s cab, reasoning that such publicity would be good for business. It didn’t work.

Three years and countless Uber expansions later, Andy was still chugging along, barely, as a cab driver. Nathan returned to Andy because, a few months after the first episode aired, Uber started a promotion where babies born in the back of Uber rides received Uber onesies. Nathan was convinced the idea was cribbed from his show. Last night’s episode sought revenge.

As in every episode of Nathan for You, Fielder’s plan is needlessly complicated and over-the-top. Nathan and Andy try to form a “sleeper cell” of cab drivers within the Uber network who could sabotage it at any minute. With that leverage, Nathan hoped to force Uber to stop its pregnant woman promotion.

Recruiting cab drivers was easy—most of them resented Uber and blamed it for steep revenue drops. At a group meeting, many of them called Uber “unfair competition,” while a few pushed the myth that Uber was less safe than a taxi. (Given that you know the identity of your Uber driver and they yours before the ride starts, that the ride is tracked on GPS, and that each ride ends with a rating for both driver and passenger, this common claim stretches credulity.)

Nathan ended up signing up more than 60 cabbies. They didn’t know his ultimate aim was to end an Uber pregnancy promotion, just that they were supposed to provide subpar service to lower Uber’s reputation. But at the end of the episode, after Nathan had produced a video of demands for Uber that almost certainly would’ve been flagged to federal authorities, he hit a big road block: Andy had realized that Uber was a viable alternative for him to make a livelihood.

Nathan signed Andy up for Uber for a day to test the system and see which strategies (farts in a bag, Mambo #5 on blast, getting lost) could yield the lowest ratings in the fastest times. Andy performed admirably, earning a series of one-star reviews. But at some point after that, unbeknownst to Nathan, Andy gave Uber a try for real. In his last days as a cabbie, Andy installed a karaoke machine in his taxi, claiming it was the first karaoke cab. He was so sold on Uber he moved it into his personal car, claiming he was now the first karaoke Uber.

Andy asked Nathan not to proceed with their plan, since he was worried it would affect his rating. Nathan reluctantly agreed, deciding that just as telephones replaced telegraphs and cars replaced horse and buggies, Uber was replacing taxis.

“The free market had again chosen a winner,” Nathan said in the wrap-up narration of the show. “The real enemy wasn’t Uber. It was progress.”

Andy’s experience reveals the futility of the taxi industry’s fight against ride-sharing services. There’s nothing inherently unfair about Uber’s competition—if anything, Uber is making the playing field fairer by breaking up the old cartel. And the idea that an Uber is less safe than a taxi is not held by anyone who isn’t already anti-Uber. And so Uber’s share of the marketplace grows.

Uber is not guaranteed to last forever, of course, but ridesharing apps are here to stay. As when the car displaced the horse and buggy, there’s no going back for taxis. Cabbies who hold on to their old business models because they’ve spent money on licenses, medallions, and so forth are falling for the sunken cost fallacy: Instead of making rational decisions based on future values, their decisions are being driven by emotional investments that are hard to abandon. They should take up the motto “if you can’t beat ’em, join ’em” instead.

It’s worked out well for Andy.

Nathan for You airs Thursdays at 10 p.m. on Comedy Central. You can watch last night’s episode online here.

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By Cutting Off Obamacare’s Insurer Subsides, Trump Might Help More People Get Health Coverage

President Trump announced today that he will stop making payments to health insurers under Obamacare.

The payments, which are called for by statute, began under President Obama. But a federal court ruled last year that because Congress never appropriated funding, making the payments violated the separation of powers and thus was illegal. Obama, however, kept paying them anyway. So, up until now, has Trump. With this move, Trump brings the administration of Obamacare into constitutional compliance.

Supporters of Obamacare have already started complaining that President Trump’s decision amounts to sabotage. Sen. Chris Murphy (D-Ct.), for example charged on Twitter this morning that stopping the health care payments “is nuclear grade bananas – a temper tantrum that sets the entire health system on fire.” President Trump, who has threatened to cut off the payments all year in an attempt to create bargaining leverage, almost certainly sees the move as a way of kneecapping the exchanges.

But there’s something funny about the move: In the long run, it might actually increase the number of people with health insurance coverage. It would cost the government more, cause short-term turbulence, and increase the deficit, but after it all shakes out, Obamacare would end up covering even more people. Trump might have just made Obamacare more generous.

The payments in question are known as cost-sharing reduction (CSR) subsidies. They are paid directly to insurers, and they provide extra financial for individuals who make between 100 and 250 percent of the poverty line. Cut those subsidies off, and insurers will try to make up the difference by raising premiums. In a report on the likely effects of cutting off the subsidies earlier this year, the Congressional Budget Office estimated that premiums would be about 20 percent higher for typical plans purchased under the law.

But the premium hikes won’t directly affect most low-income people, however, because Obamacare’s subsidies increase with premiums, insulating those individuals from higher costs. Instead, this move is likely to raise premiums for people who too much to qualify for subsidies under Obamacare—which is to say, the people who have already been hit hardest by the law’s price hikes. The expansion of the subsidies, meanwhile, gets paid for by taxpayers, increasing the deficit by about $194 billion over the next decade.

What CBO expects to happen, then, is that, as a result of premium increases, higher income people will find Obamacare plans less appealing, and fewer will buy coverage next year, resulting in about 1 million fewer people with health coverage in 2018. But over time, the increased subsidies would actually make coverage more attractive for those with qualifying incomes. By 2026, the CBO projects, about a million more people will have coverage than otherwise would have.

If CBO is right, in other words, Trump’s decision to cut off CSRs will make Obamacare more expensive for taxpayers, but will also result in more people with subsidized coverage over time. Regardless of what Trump intends, that doesn’t exactly sound like sabotage.

The CBO could be wrong, of course. The agency’s coverage estimates have certainly been off before. But the budget office’s analysis is, at minimum, a reminder that the long-term effects of this change could be more complex than many people seem to think. If nothing else, this decision will act as a stress test of CBO’s insurance coverage model.

There are other wrinkles too: As law professor Nicholas Bagley points out, insurers are likely to sue over lost payments, which this year come to about $7 million. The payments were not appropriated by Congress, but they are called for in the statute of the health care law, and insurers may well win. Health insurers have already won suits against the government in related cases involving other subsidies built into the law.

President Trump, meanwhile, still appears to have a worrying view of his own authority with regards to the subsidies. The entire point of the case against them was that the White House, under Obama, did not have the authority to decide whether or not to pay them, because under the Constitution, the power of the purse lies with Congress alone. Either Congress appropriated them, or it didn’t, and in either case the executive branch would have a duty to spend, or not spend, accordingly. Congress didn’t appropriate the money, and therefore neither Obama nor Trump had the authority to make the payments.

If Trump actually believes the payments are unconstitutional, he should have stopped making the payments immediately upon taking office. But he didn’t. He repeatedly dangled the possibility of cutting off the payments, and administration health officials reportedly also hinted that they might continue making them if insurers supported the GOP’s health care legislation this summer.

Trump, in other words, has acted as if the decision to pay or not is the president’s to make. The point of last year’s federal ruling is that it is not.

Yet he still seems to believe that it is. Early this morning, after news broke that he would cut off the payments, he tweeted that he was still willing to bargain. “The Democrats ObamaCare is imploding,” he wrote. “Massive subsidy payments to their pet insurance companies has stopped. Dems should call me to fix!”

This is not Trump’s to “fix.” It is a decision for Congress and Congress alone. Perpetuating the idea that the decision should or can come from the White House helps erode the rule of law.

Cutting off the payments has, for the moment, brought Trump’s into constitutional compliance, but it’s not clear that Trump himself actually understands what that means.

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