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Friday, April 30, 2021

Eli Broad, Who Helped Reshape Los Angeles, Dies at 87 - The New York Times

The businessman, who made a fortune in home-building and insurance, spent lavishly to try to make the city a cultural capital.

Eli Broad, a businessman and philanthropist whose vast fortune, extensive art collection and zeal for civic improvement helped reshape the cultural landscape of Los Angeles, died on Friday at Cedars-Sinai Medical Center in Los Angeles. He was 87.

Suzi Emmerling, a spokeswoman for the Eli and Edythe Broad Foundation, confirmed his death, which she said came after a long illness.

Mr. Broad (pronounced Brode) made billions in the home-building and insurance businesses and spent a significant part of his wealth trying to make Los Angeles one of the world’s pre-eminent cultural capitals.

Few people in the modern history of Los Angeles were as instrumental in molding the region’s cultural and civic life as Mr. Broad. He loved the city and put his stamp — sometimes quite aggressively — on its museums, music halls, schools and politics. He was, until he began stepping back in the later years of his life, a regular figure at cultural events, who could be seen holding court in the V.I.P. founders’ room at the Los Angeles Opera between acts.

Mr. Broad played a pivotal role in creating the Los Angeles Museum of Contemporary Art, and brokered the deal that brought it Count Giuseppe Panza di Biumo’s important collection of Abstract Expressionist and Pop Art. When the museum teetered on the verge of financial collapse in 2008, Mr. Broad bailed it out with a $30 million rescue package.

He put his name on the Los Angeles landscape as well. The best known of his many contributions to the city is the Broad, a $140 million art museum that he financed himself. It opened in 2015 and houses Mr. Broad’s collection of more than 2,000 contemporary works.

He also gave $50 million to the Los Angeles County Museum of Art and led the fund-raising campaign to finish the Walt Disney Concert Hall when the project was dead in the water.

The museums, medical research centers and cultural institutions emblazoned with the names of Mr. Broad and his wife, Edythe, include the Broad Art Center at the University of California, Los Angeles; the Broad Center for the Biological Sciences at the California Institute of Technology; and centers for regenerative medicine and stem-cell research at three California universities.

There are “very few in L.A.’s history who have come remotely close to his sense of duty and his willingness to put his own time and effort — pressing his political connections, strong-arming business peers into stepping up for the arts — the way he did,” said Joanne Heyler, the founding director of the Broad.

Working with civic leaders and developers, he helped shape a far-reaching plan to transform Grand Avenue, in Los Angeles’s neglected downtown, into a cultural and civic hub, with restaurants, hotels, a large park and the Broad. The Walt Disney hall is next door, and the Museum of Contemporary Art is across the street.

The Broad’s opening was one of the most eagerly anticipated cultural events of the past decade. The building, by Diller, Scofidio and Renfro, is eye-catching if unremarkable, but it enshrines the Broads’ remarkable collection.

The Times’s art critic Holland Cotter wrote in a 2015 review that the museum’s layout “should encourage people to make repeat visits, knowing they are likely to see new things each time.”

Still, he said: “the Broad is a museum of an old-fashioned kind. It’s been built to preserve a private collection conceived on a masterpiece ideal and consisting almost entirely of distinctive objects: paintings and sculptures; precious things.”

Along with his art, Mr. Broad collected enemies. Hard-driving, curt and impatient, Mr. Broad was a polarizing figure.

“I’m not the most popular person in Los Angeles,” he wrote in “The Art of Being Unreasonable: Lessons in Unconventional Thinking,” a memoir and business-advice book published in 2012.

No one disputed the claim. Museum directors and trustees often found him meddlesome and impossible to please, determined to run the show and loath to share credit. He hired star architects and then feuded with them, notably Frank Gehry, and kept museums in a lather vying for his collection, which, in the end, he decided to lend rather than donate, and exhibit in his own museum.

Even his critics had to concede, however, that he was probably the most effective civic leader Los Angeles had seen since Dorothy Chandler, a remarkable achievement for a transplanted Midwesterner with no family ties to his adopted city.

“There’s no curtain you can’t get through in Los Angeles — no religious curtain, no curtain about where you came from,” Mr. Broad told The New York Times in 2001. “It’s a meritocracy, unlike some other cities. If you have ideas here, if you have energy, you’ll be accepted. I love L.AMs. Heyler acknowledged his “tenacious style” and said he was not shy in “pressing his political connections, strong-arming business peers.”

“What stood out to me and inspires me was his truly profound commitment to the ultimate goal of serving the public,” she said. “That was the bedrock.”

Added Michael Govan, director of the Los Angeles County Museum of Art: “His impact on L.A. will be felt far into the future.”

Eli Broad was born in the Bronx on June 6, 1933, the only child of Jewish immigrants from Lithuania. When he was 7, the family moved to Detroit, where his father opened a dime store.

After graduating from Detroit Central High, he entered Michigan State College (now University), where he earned a bachelor’s degree in accounting in three years. Soon after, he married Edythe Lawson, known as Edye, who survives him, as do their two sons, Jeffrey and Gary.

After working for a small accounting firm, he formed a partnership with Donald Kaufman to build no-frills tract houses in the Detroit suburbs. The Kaufman and Broad Building Company soon expanded to Phoenix and Los Angeles, where Mr. Broad moved in 1964.

In 1971, the company diversified, spending $52 million for a sleepy Baltimore insurance company, Sun Life, which became a powerhouse when Mr. Broad focused on selling annuities and financial planning services to baby boomers. Renamed Sun America in 1993, it was sold to the American International Group, the insurance giant, in 1998 for $18 billion, netting Mr. Broad more than $3 billion.

Mr. Broad began collecting art in the 1960s after his wife began making the rounds of the galleries on La Cienega Boulevard and brought home a Braque print and a Toulouse-Lautrec poster. He spent $85,000 on his first purchase, a drawing by Van Gogh. Works by Matisse, Modigliani, Miró and Henry Moore followed.

Curiosity quickly developed into an acquisitive passion, focused on living artists, whose work he collected in depth.

“I’m not an art historian, but I read a lot, went to museums, went to auctions, spoke to dealers,” Mr. Broad told The Times in 2001. “And I became interested in the art of our time. Why? It reflects what’s happening in our society. And frankly I enjoyed meeting the artists, visiting with them, talking to them about how they see the world, which is far different than people who spend all their time in business.”

He was particularly avid in acquiring works by Robert Rauschenberg, Cindy Sherman, Jean-Michel Basquiat, Cy Twombly and Jeff Koons.

In 2005, he paid $23.5 million for “Cubi XXVIII,” a 1965 work by the American sculptor David Smith, at that time a record auction price for a contemporary artist.

“Measured in dollars, the Broad Collection is currently regarded as a masterpiece, stuffed with works for which only the richest buyers can compete,” Christopher Knight, the art critic for The Los Angeles Times, wrote in 2012.

Still, he added: “Big chunks of his 2,000-piece collection look great and big chunks look uncertain — at best. Critical approval is mixed.”

As his wealth grew and his business responsibilities lessened, Mr. Broad shifted his attention to art and philanthropy.

In 1991, he gave his first eight-figure donations: $10 million to Pitzer College to construct new buildings, and $20 million to Michigan State to create a graduate school of management and a full-time M.B.A. program.

Together, the Broad Art Foundation and the Eli and Edythe Broad Foundation, which is devoted to education, science and medicine, have assets of $2.4 billion and have dispensed hundreds of millions of dollars, putting the Broads among the leading philanthropists in the United States.

In recent years, the Broad Foundation gave more than $100 million to improve American public schools, establishing an academy and residency program to recruit and train school superintendents and other managers for local school districts, charter schools and departments of education.

The Broad Prize for Urban Education was created in 2002 to honor the four urban school districts that have shown the most improved student performance. Each year it distributes $1 million in scholarships of up to $20,000 to graduating seniors in the winning district and the three finalist districts.

“I want to give back, and I also have a big ego,” Mr. Broad told Forbes magazine in 2003. “I’d rather be recognized for doing good than for just making money.”

Christopher Mele, Adam Nagourney and Robin Pogrebin contributed reporting.

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Vestager vs. Cook: New Apple charges reignite old standoff - POLITICO Europe

It’s personal. Again. 

Less than a year after her court defeat over a €13 billion case against Apple's tax affairs in Ireland, the EU's top antitrust enforcer Margrethe Vestager is once again taking aim at the iPhone maker.

This time, Vestager is targeting one of CEO Tim Cook's crown jewels: Apple's App Store.

In charges announced on Friday, the Danish politician accused the iPhone maker of abusing a dominant position to distort competition in the music streaming market, handing an early win to the chief complainant in the case, Sweden-based Spotify.

The case marks a return to center stage for Vestager, who has suffered a string of defeats in EU courts on some of her flagship cases, including the landmark showdown with Apple.

But it's also set to revive a tense dynamic between the European enforcer and Cook, which famously exploded into public acrimony in 2016 when she announced her decision against Apple in the tax case.

“It’s maddening, it’s disappointing, it’s clear that this comes from a political place, it has no basis in fact or law,” Cook said at the time. “It’s total political crap.” (He was to be vindicated when the bloc's top court overturned the tax decision last year. Vestager's office is appealing the ruling.)

This time around, Cook has avoided commenting publicly on the Commission's new case. But amid a flaming public relations war between Apple and other tech companies, namely Facebook, over changes to its App Store, the latest charges are set to crank up the temperature once again.

Indeed, Vestager's new case takes aim at a key source of revenue for Apple — how it charges app developers to be featured in its App Store, its second-most lucrative business after selling iPhones.

“Our preliminary finding is that Apple is a gatekeeper to users of iPhones and iPads via the App Store,” Vestager said on Friday at a news conference unveiling the charges. “Apple deprives users of cheaper music-streaming choices and distorts competition.”

Disputed practices include charging high commission fees on each transaction of rivals in the App Store and preventing rivals from informing customers of alternative subscription options.

Apple now has the opportunity to respond to the antitrust charges, which could lead to settlement negotiations or the Commission pushing ahead with a fine and an order to change practices.

But Vestager is not ready to rest with just one case.

The Commission last year simultaneously launched two other investigations into Apple’s App Store — one concerning e-books and audiobooks, the other on competing apps in Games and iCloud. Separately, it launched an investigation into Apple Pay.

“This is not the last case that we will have when it comes to the App Store,” Vestager told reporters on Friday.

For Apple the claim by Spotify — one of Europe's most successful, if not only, streaming platforms — that it was harmed by the App Store policies does not square with the service's popularity.

“At the core of this case is Spotify’s demand they should be able to advertise alternative deals on their iOS app, a practice that no store in the world allows,” an Apple spokesperson said.

"Once again, they want all the benefits of the App Store but don’t think they should have to pay anything for that. The Commission’s argument on Spotify’s behalf is the opposite of fair competition.”

Cook has so far avoided comment. For now.

Simon Van Dorpe contributed reporting.

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Dow Jones Drops 200 Points As Stock Market Sells Off; Apple Hit With Antitrust Case - Investor's Business Daily

Key market indexes extended their losses midday Friday with the Dow Jones Industrial Average down more than 200 points as Chevron and Apple weighed.

X

The S&P 500 fell more than 0.6%, the Dow Jones industrials lost 0.6% and the Nasdaq gave up nearly 0.5% in the stock market today. Small caps tracked by the Russell 2000 slumped 0.8%. Volume was lower on both major exchanges vs. the same time Thursday.

For the week, the Nasdaq and S&P 500 are on track for flat to slight gains. But the Dow is headed for a 0.7% loss.

In 2020, tech stocks boosted the Nasdaq to a 43.6% gain — its fifth best year ever. The S&P 500 rose 16.3% in 2020 and the Dow added 7.2%. After a strong start this year and a short correction, the market has rebounded near record highs. Read The Big Picture for more detailed daily market analysis.

Covid-19-Update

The Covid-19 pandemic has roiled the U.S. economy, as nationwide lockdowns have passed the one-year mark. But many states are relaxing restrictions and cases are starting to plateau or decline in some states as vaccinations roll out.

U.S. Stock Market Today Overview

Index Symbol Price Gain/Loss % Change
Dow Jones (0DJIA) 33845.33 -215.03 -0.63
S&P 500 (0S&P5) 4185.72 -25.75 -0.61
Nasdaq (0NDQC ) 14017.26 -65.29 -0.46
Russell 2000 (IWM) 226.22 -1.77 -0.78
IBD 50 (FFTY) 46.70 -0.50 -1.06
Last Update: 12:08 PM ET 4/30/2021

Cumulative Covid-19 cases worldwide have topped 151 million, with more than 3 million deaths, according to Worldometer. In the U.S., cases have surpassed 33 million with over 589,000 deaths, although the number of new cases in the U.S. has slowed dramatically in many states.

As countries rush to vaccinate their populations, Pfizer (PFE) partner BioNTech (BNTX) leapt 6% in heavy trade to a new high. Shares are now about 46% extended from a 131.10 buy point of a consolidation.

Moderna (MRNA), whose Covid-19 vaccine also has FDA emergency use approval, rose 3.5%. The biotech's stock is about 4% away from a 189.36 buy point of a cup base. Moderna raised manufacturing goals for its vaccine on April 29. The company expects to make 800 million to 1 billion doses this year and 3 billion next year.

Dow Jones Movers

Chevron (CVX) gapped down and skidded 3% in heavy volume to test its 50-day moving average. Shares are working on a seven-week flat base with a 112.80 buy point, according to MarketSmith chart analysis. Chevron stock is about 7% away from the entry.

The oil giant reported mixed Q1 results early Friday as earnings missed but sales topped views. It earned 90 cents a share on revenue of $31.7 billion. Analysts expected 95 cents on revenue of $30.9 billion.

Among other blue chip losers, Dow Inc. (DOW) and IBM (IBM) fell more than 2% each. Cisco Systems (CSCO) and Visa (V) gave up nearly 2% apiece.

Apple (AAPL), which trimmed a bigger earlier loss to 0.4%, is on pace for a fourth straight decline. The stock is slightly below a 135.63 buy point of a cup with handle it briefly cleared Thursday. Apple reported blowout quarterly results late Wednesday.

The European Commission hit Apple with antitrust charges over its distribution of music streaming apps. That could lead to fines of up to 10% of the iPhone maker's total annual revenue and changes to its App store rules.

Blue chip gainers included Amgen (AMGN) and Merck (MRK), up more than 1% each.

Outside The Dow

Oil and gas, solar and travel booking stocks led the downside among IBD's 197 industry groups. Automakers, steel and utility stocks were among the few groups bucking the decline.

In the automaker group, Tesla (TSLA) rallied nearly 4% in fast turnover to retake its 50-day line. Shares are building the right side of a new cup with handle, offering a 780.89 buy point. But it is a late-stage base.

Amazon (AMZN) rose 2% in huge volume, on track to extend its win streak to six. Amazon stock remains in potential buy range from a 3,436.03 buy point of a handle. The buy zone tops out at 3,607.83. A slightly higher entry also awaits at 3,552.35, a dime above the left side high.

Late Thursday, the e-commerce giant reported Q1 results that beat Wall Street targets on both the top and bottom lines. Amazon delivered adjusted earnings of $15.79 a share on revenue of $108.5 billion. Analysts expected $9.54 on revenue of $104.5 billion, according to FactSet. Amazon also guided for higher-than-expected Q2 revenue.

AstraZeneca Soars

AstraZeneca (AZN) gapped up and soared nearly 5% in fast turnover, retaking its 200-day line for the first time since January. AstraZeneca stock remains about 17% off its 52-week high.

The U.K.-based drugmaker's Q1 results topped views, thanks to strong sales of its cancer-treating drugs. Its coronavirus vaccine also contributed $275 million in sales. But its raised guidance for 2021 excludes the impact of the vaccine. AstraZeneca sells its Covid vaccine outside the U.S.

The Innovator IBD 50 ETF (FFTY) dipped 1%, on track for a fourth straight decline. BioNTech and Cricut (CRCT) soared more than 5% each, but 360 DigiTech (QFIN), At Home Group (HOME) and Louisiana Pacific (LPX) weighed.

Follow Nancy Gondo on Twitter at @IBD_NGondo

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Apple’s App Store Draws E.U. Antitrust Charge - The New York Times

By forcing app developers to use its payment system and comply with other rules, regulators said Apple broke European Union competition laws.

LONDON — European Union regulators on Friday accused Apple of violating antitrust laws by imposing unfair rules and fees on rival music-streaming services that depend on the App Store to reach customers.

Amid growing scrutiny of the tech industry worldwide, the case will be an important test of a government's ability to force one of Silicon Valley’s most powerful companies to change its behavior. Europe is seen as a global bellwether on tech policy, but Apple has vowed to fight the charges.

With its ability to make or break the business of app developers, Apple is one of the digital economy’s most important gatekeepers. Any app downloaded to an iPhone or iPad — from Tinder to Instagram to Candy Crush — must comply with the company’s rules and guidelines, including using Apple’s payment system and sharing up to 30 percent on any sales. If not, a company risks losing access to millions of Apple customers.

Apple says tight oversight of the App Store ensures customers download high-quality apps, protecting users from viruses, fraud and buggy software. But companies including Spotify, the music streaming service that filed a complaint two years ago that set off the European Union’s investigation, have grown frustrated with its powerful position. They argue it allows Apple to undercut competitors to services like Apple Music and charge an unfair tax on developers.

The European Commission, the executive arm of the 27-nation bloc, agreed with Apple’s opponents. Authorities zeroed in on requirements that rival music platforms must use Apple’s payment system, forcing them to give Apple a percentage of their subscription fees. The rules have the effect of driving up prices, regulators said, because companies are prevented from offering cheaper payment options and pass on Apple’s fees to customers.

Margrethe Vestager, the commission’s executive vice president in charge of antitrust enforcement, said Apple was abusing its power to harm Spotify, the Swedish company that is Apple’s main competitor in the music streaming and podcast market.

“By setting strict rules on the App Store that disadvantage competing music streaming services, Apple deprives users of cheaper music streaming choices and distorts competition,” Ms. Vestager said in a statement.

Margrethe Vestager, the European Commission’s executive vice president in charge of antitrust enforcement, said Apple was abusing its power.
Pool photo by Francisco Seco

Ms. Vestager said the findings were preliminary and there was no fixed deadline for regulators to impose a penalty or reach a settlement. Earlier antitrust cases against Google took years to resolve. In the Apple case, remedies could include letting app developers use alternative payment methods.

Ms. Vestager said the commission had other investigations underway against Apple, including whether the company boxes out rivals to Apple Pay, and had been speaking with counterparts in the United States, Australia and the Netherlands about the inquiries.

“It is an area that has raised concern with a number of colleagues of ours around the world,” Ms. Vestager said.

Spotify cheered the European Commission’s decision. Starting in 2016, the company stopped allowing customers to purchase a subscription through its iPhone and iPad apps as a way to avoid paying Apple’s fee, instead steering people to Spotify’s website.

“Ensuring the iOS platform operates fairly is an urgent task with far-reaching implications,” Horacio Gutierrez, Spotify’s head of global affairs and chief legal officer, said in a statement. The commission’s announcement, he said, “is a critical step toward holding Apple accountable for its anticompetitive behavior, ensuring meaningful choice for all consumers and a level playing field for app developers.”

Apple said its App Store policies did not harm competition, but rather give businesses a platform to reach customers. The company said developers could find payment alternatives, noting that Spotify pays little in commissions to Apple because customers must subscribe through a website. Apple said Spotify had become the world’s largest music streaming service in part because of the App Store.

“They want all the benefits of the App Store but don’t think they should have to pay anything for that,” Apple said in a statement. “The commission’s argument on Spotify’s behalf is the opposite of fair competition.”

Criticism of the App Store is part of a broader debate over tech industry power, where a small number of companies like Amazon, Apple, Facebook and Google have government-like authority to set policies over major parts of the digital economy. This authority determines how people find information and entertainment, communicate and shop.

This week, Apple flexed its power by introducing a software update that gave customers more power to block data tracking by apps, a change that has started a feud with Facebook, which has criticized the move as anticompetitive because it will harm the ability to sell online advertising.

Companies are increasingly pushing regulators and courts to intervene. At a congressional hearing in Washington last week, companies including Spotify, Tile and Match Group told senators how policies set by Apple and Google, whose Play Store is another pinch point for app developers, hurt competition and resulted in higher app prices for customers. And next week, a trial is scheduled to begin in California between Apple and Epic Games, the maker of Fortnite that has filed an antitrust lawsuit against Apple over its fees.

Britain is conducting another antitrust investigation of Apple over the App Store after receiving complaints from developers.

The case announced on Friday is part of a broader effort by the European Union to clamp down on so-called gatekeeper companies like Apple, Amazon, Facebook and Google. Policymakers are drafting laws that would prevent the tech giants from abusing their market power to harm smaller companies, including how they manage app stores.

Efforts to force App Store changes pose a threat to a fast-growing piece of Apple’s business. As sales of iPhones, iPads and other hardware devices mature, the company is counting on digital services as a fresh source of growth. Optimism among investors about that business has helped send Apple’s stock soaring, giving it a market value of more than $2.2 trillion, the largest in the world.

Pressure on Apple about the App Store has already led the company to make changes. Last fall, the company halved its commission on many app sales to 15 percent for developers who made less than $1 million a year on their iPhone apps. That change affected about 98 percent of developers who paid the commission, but it still hardly touched Apple’s bottom line; those developers accounted for less than 5 percent of the revenue Apple collected from apps, according to estimates by Sensor Tower, an app data firm.

Apple earns far more by taking a cut of sales from the most popular apps. Match Group, which makes the dating app Tinder, said recently that it paid Apple nearly $500 million a year in commission payments, its single largest expense.

If European regulators forced Apple to allow apps to use their own payment systems, enabling them to avoid Apple’s commission, it could cost the iPhone maker billions of dollars a year. If a fine were levied instead, even in the billions of dollars, it would be a preferable outcome for Apple.

Apple has shown a willingness to fight with regulators. Last year, the company won an appeal to overturn an order to repay nearly $15 billion in unpaid taxes that the European Commission said the company owed.

A challenge for governments investigating the biggest technology companies is that the markets are complex and fast moving, said Tommaso Valletti, the former chief competition economist for the European Commission. Authorities must act quickly, he said, before competition is irreparably harmed.

“Because of the usual fast dynamics in the digital economy it is very difficult to restore the competition lost,” said Mr. Valletti, now an economics professor at Imperial College Business School in London.

Jack Nicas contributed reporting.

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Exxon posts a profit, snapping four-quarter loss streak - CNBC

In this article

Exxon Mobil returned to profitability during the first quarter, beating top- and bottom-line estimates for the period, as the company recovers from the havoc wreaked on the energy sector by the coronavirus pandemic.

The oil giant earned $2.7 billion during the period. The company posted earnings per share of 65 cents, excluding items on $59.15 billion in revenue. Wall Street analysts surveyed by Refinitiv expected the company to earn 59 cents per share on $54.6 billion in revenue.

In the first quarter a year earlier, the company lost $610 million as the impact of the coronavirus began to weigh. Last quarter, the company posted a $20.1 billion loss, its fourth straight quarter of losses.

Shares of Exxon were flat during premarket trading on Friday.

"The strong first quarter results reflect the benefits of higher commodity prices and our focus on structural cost reductions, while prioritizing investments in assets with a low cost of supply," Chairman and CEO Darren Woods said in a statement.

"Cash flow from operating activities during the quarter fully covered the dividend and capital investments."

Exxon's oil-equivalent production rose 3% quarter-over-quarter to 3.8 million barrels per day. The company said the winter storm that hammered the South cost the company $600 million across its businesses.

Energy is the top-performing S&P 500 sectors this year, and shares of Exxon are up 43% for 2021 through Thursday's close.

To combat lower oil prices over the last year, the company implemented aggressive cost-cutting measures. Throughout the downturn Exxon maintained its commitment to its dividend, which stands at 5.9%.

Chevron also said Friday it returned to profitability during the first quarter.

Board battle heats up

Exxon has faced pressure from shareholders to shake up its board. As a result, the company added three new board members, including activist investor and ESG proponent Jeffrey Ubben.

Ubben recently told CNBC that he believes Exxon is integral to a low-carbon future. "If you think about Exxon's role, it's to do the hard stuff, and you cannot get to net zero without doing the hard stuff. To use the existing infrastructure and capture the carbon is probably the least expensive and quickest way to net zero," he said.

But some, including activist firm Engine No. 1, believe Exxon hasn't gone far enough to ensure its place in a low-carbon world. The group has been targeting the oil giant since December, and has proposed its own slate of four new directors.

Earlier this week the firm said it won support from large pension funds, including CalPERS, CalSTRS and the New York state pension fund. Among other things, Engine No. 1 cites: failure to position ExxonMobil for long-term value creation, lack of capital allocation discipline and misaligned incentives.

D.E. Shaw was also targeting the energy company at one point, but Exxon's Woods said conversations with the firm have been productive.

"I think they've been fairly aligned with the discussions that we've had, and the direction that we've taken and today I'm not aware of any really air between ourselves or gap in terms of how we think we should move forward and what they think we should be doing," he said Friday on CNBC's "Squawk Box."

Conversations have been less productive with Engine No. 1. Woods said the firm "wasn't particularly interested in engaging and understanding" how Exxon can grow shareholder value while transitioning to a low-carbon future.

"Frankly they're pushing us to wind down our investments, wind down the business, move into solar and wind where we don't really have a competitive advantage," Woods said.

The board vote will take place at the company's 2021 annual shareholder meeting on May 26.

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Pfizer-BioNTech seek COVID-19 vaccine authorization for kids in EU - Fox News

Pfizer Inc. and BioNTech have submitted a request to the European drug regulator for the approval of their coronavirus vaccine to be extended to include children 12 to 15 years old, in a move that could offer younger and less at-risk populations in Europe access to the shot for the first time.

In a statement Friday, the two pharmaceuticals said their submission to the European Medicines Agency is based on an advanced study in more than 2,000 adolescents that showed their vaccine to be safe and effective. The children will continue to be monitored for longer-term protection and safety for another two years.

BioNTech and Pfizer have previously requested their emergency use authorization with the U.S. Food and Drug Administration also be extended to children 12 to 15 years old.

BIDEN SAYS SCHOOLS 'SHOULD PROBABLY ALL BE OPEN' IN FALL

German Health Minister Jens Spahn welcomed the news that the vaccine might soon get the green light for older children.

"This can make a further real difference to our vaccine campaign, if approval is granted," he said on the sidelines of a visit to a vaccine manufacturing plant in the German town of Reinbek.

CLICK HERE FOR COMPLETE CORONAVIRUS COVERAGE

The COVID-19 vaccine made by Pfizer and BioNTech was the first one to be granted a greenlight by the EMA last December, when it was licensed for anyone 16 and over across the 27-nation EU bloc.

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EU Charges Apple With App Store Antitrust Violations in Spotify Case - The Wall Street Journal

Euro zone economy slips into another recession as Covid lockdowns bite - CNBC

People walk past the closed iconic brasserie Les Deux Magots
LUDOVIC MARIN | AFP | Getty Images

LONDON — The euro zone economy contracted in the first quarter of 2021 as countries implemented new lockdowns and restrictions amid a third wave of coronavirus infections.

Gross domestic product in the region fell by 0.6% quarter on quarter, according to preliminary data released by Europe's statistics office Eurostat.

It marks the second consecutive quarter of contractions, meaning the region is in a technical recession, although economists are optimistic about growth looking ahead.

Most of the region's largest economies — Germany, Italy and Spain — saw a decline in activity during the first three months of the year. The sharpest fall in activity occurred in Portugal, which has faced a wave of new Covid cases and led to the country's second lockdown.

French surprise

France was an exception, with the euro zone's second-largest economy posting better-than-expected growth of 0.4% in the first quarter. Though the French economy remains below its pre-Covid levels, the growth numbers will bring some reassurance going into the second quarter.

France's consumer spending also expanded by 0.3% in the first quarter, despite the reintroduction of certain Covid restrictions.

French President Emmanuel Macron announced earlier this week an easing of measures, allowing cafes, bars and restaurants to offer service outdoors from May 19 — which could help the economic recovery.

Contractions elsewhere

However, in Germany, the economy contracted 1.7% over the same period. It's worse than the 1.5% decline that analysts surveyed by Reuters were expecting.

The nation has been severely hit by a third wave of Covid infections, and different approaches among its various regions have further complicated its fight against the pandemic.

In Italy, the latest GDP numbers showed a contraction of 0.4% for the quarter, slightly better than expectations.

The Spanish economy also shrank over the same period, by 0.5%, while Portugal's economic activity contracted by 3.3%.

Looking ahead, however, economists are confident about 2021 for the euro zone.

"Confirmation that the euro-zone economy contracted again in Q1 (first quarter) means that the region suffered a second technical recession in just over a year," analysts at Capital Economics said via email.

"The good news, however, is that things should get better towards the end of Q2 as the vaccination program will allow governments to lift restrictions, hopefully for the last time."

Stimulus and vaccines

Countries in the region are due to start receiving EU-wide Covid support funds in the second half of the year. Several nations have already submitted their plans on how they intend to use the funds for analysis by the European Commission.

"It is important the plans are in line with our targets," European Commission trade chief Valdis Dombrovskis said Friday on CNBC's "Street Signs Europe."

The Brussels-based institution asked nations to spend at least 37% of the stimulus on climate policies, and 20% on the digital transformation.

"The funding will be available to member states once they complete certain milestones and targets," he added.

In addition, the vaccination campaign has accelerated significantly since the start of 2021, which is also boosting growth expectations for the region.

The European Union expects to have 70% of the adult population vaccinated this summer, and tourism-reliant countries are hoping that a larger number of vaccinated people will allow them to have a more successful summer season this year.

"Vaccination is gathering pace," Dombrovskis said, despite an initial slowdown in the rollout because AstraZeneca was "underdelivering."

The pharmaceutical firm, which has developed a Covid vaccine, has failed to meet the EU's expectations for vaccine deliveries. The region was expecting 120 million doses in the first quarter, but only about 30 million were delivered. For the second quarter, the EU was expecting 180 million doses but AstraZeneca has already said it might deliver only about 70 million.

The commission filed legal action against the pharma giant last Friday and a Brussels court has already begun examining the case, which could be concluded as early as June.

AstraZeneca was not immediately available for comment when contacted by CNBC on Friday.

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Eurozone suffers double-dip recession as pandemic impact continues - BBC News

Euro sign at ECB building in Frankfurt, Germany, 24 Apr 2020
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The eurozone's economy has fallen back into recession as the impact of the pandemic continues to hit activity.

Europe's economies have been set back by a renewed surge in infections this year and Covid-related restrictions.

The eurozone shrank by 0.6% in the January-to-March period - the second consecutive contraction, which is a widely-used definition of a recession.

It is the second such episode, a so-called double-dip recession, since the onset of the pandemic.

However, among the national economies that have reported data so far, that pattern was repeated only by Italy.

Other countries reported some growth in one or other of the last two quarters.

The French economy did grow in the first three months of this year, by 0.4%, after a decline at the end of 2020, although the rebound was described by the national statistical agency as "limited".

In Germany it was the other way around, with some growth in the fourth quarter of last year and a sharp decline - of 1.7% - revealed by the latest figures.

There were some specific factors that may have affected Germany.

Claus Vistesen of Pantheon Macroeconomics says the economy was stung by a value added tax (VAT) hike which led to a fall in spending and construction.

A temporary VAT cut in Germany - intended to support the economy during the pandemic - came to an end at the turn of the year.

Andrew Kenningham of Capital Economics also pointed to supply disruptions hitting Germany's large manufacturing sector, especially the motor industry.

The bigger picture is a region where economic activity has been set back once again by the spread of the virus and restrictions imposed to curb it.

The figures are particularly bleak in the case of Italy, where the economy is still 6.6% smaller than at the end of 2019, before the pandemic.

That said, the economic damage in this phase of the health crisis is less severe. Economic activity in the eurozone in the most recent period was 11% higher than at the nadir in the second quarter of last year.

That supports the idea that businesses have found ways to reduce the impact that restrictions have on what they do, although for some the effect is still severe.

Looking ahead, this weak performance is expected to improve as vaccination programmes allow further easing of restrictions and support consumer confidence. That will be especially important in southern Europe where many businesses need to see a recovery in tourism.

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EU accuses Apple of App Store antitrust violations after Spotify complaint - The Verge

The European Commission is issuing antitrust charges against Apple over concerns about the company’s App Store practices. The Commission has found that Apple has broken EU competition rules with its App Store policies, following an initial complaint from Spotify back in 2019. Specifically, the Commission believes Apple has a “dominant position in the market for the distribution of music streaming apps through its App Store.”

The EU has focused on two rules that Apple imposes on developers: the mandatory use of Apple’s in-app purchase system (for which Apple charges a 30 percent cut), and a rule forbidding app developers to inform users of other purchasing options outside of apps. The Commission has found that the 30 percent commission fee, or “Apple tax” as it’s often referred to, has resulted in higher prices for consumers. “Most streaming providers passed this fee on to end users by raising prices,” according to the European Commission.

“Apple’s rules distort competition in the market for music streaming services by raising the costs of competing music streaming app developers,” says a statement from the Commission. “This in turn leads to higher prices for consumers for their in-app music subscriptions on iOS devices.” The EU has also sent Apple a statement of objections, which is essentially a list of how the Commission believes Apple has violated competition rules.

This is the initial, formal stage of antitrust proceedings against Apple, and the company will have the chance to respond to the Commission’s list of objections within the next 12 weeks. This specific case is limited to Apple’s App Store practices for music streaming, and the EU is investigating additional separate cases on ebooks and the App Store in general. “This is not the last case we will have when it comes to the App Store,” said European commissioner Margrethe Vestager in a press conference this morning.

Vestager also revealed the Commission is taking an interest in Apple’s policies around games on the App Store. “We also take an interest in the gaming app market,” said Vestager, responding to a question about the money involved in gaming apps on the App Store. “That’s really early days when it comes to that.” Microsoft called on regulators to investigate the App Store last year, just a couple of months before a public spat with Apple over its xCloud game streaming service.

Apple now faces a fine of up to 10 percent of its annual revenue if it’s found guilty of breaking EU rules, which could be as high as $27 billion based on Apple’s annual revenue of $274.5 billion last year. Apple could also be forced to change its business model, which has more damaging and lasting effects than a fine.

Spotify has welcomed the initial charges. “Ensuring the iOS platform operates fairly is an urgent task with far-reaching implications,” says Horacio Gutierrez, Spotify’s chief legal officer. “The European Commission’s statement of objections is a critical step toward holding Apple accountable for its anticompetitive behavior, ensuring meaningful choice for all consumers and a level playing field for app developers.”

Apple has also responded to the EU’s findings in a statement to The Verge:

“Spotify has become the largest music subscription service in the world, and we’re proud for the role we played in that. Spotify does not pay Apple any commission on over 99% of their subscribers, and only pays a 15% commission on those remaining subscribers that they acquired through the App Store. At the core of this case is Spotify’s demand they should be able to advertise alternative deals on their iOS app, a practice that no store in the world allows. Once again, they want all the benefits of the App Store but don’t think they should have to pay anything for that. The Commission’s argument on Spotify’s behalf is the opposite of fair competition.”

Central to this entire case is the 30 percent cut that Apple takes on subscriptions. Companies like Netflix and Spotify have long opposed this so-called Apple tax, but Apple has argued that the revenue contributes toward the costs of maintaining the App Store and enforcing its various content, privacy, and security policies.

Spotify previously claimed that Apple uses its App Store to stifle innovation and limit consumer choice in favor of its own Apple Music service. That complaint was followed up with a similar one by Rakuten, alleging that it’s anti-competitive for Apple to take a 30 percent commission on ebooks sold through the App Store while promoting its own Apple Books service.

Epic Games also joined many developers and companies opposing Apple’s App Store policies, and filed an antitrust complaint with the EU earlier this year. It’s part of an ongoing dispute with Apple, after the Fortnite developer publicly criticized Apple’s App Store policies around distribution and payments. This resulted in Epic attempting to circumvent Apple’s 30 percent cut on in-app purchases in Fortnite, and Apple quickly removing the game from its App Store.

Apple has eased some of its policies over the past year, as the pushback against the App Store grows louder. Apple now lets some video streaming apps bypass the App Store cut, and it has reduced its App Store commission rate to 15 percent for any developer that earns less than $1 million in annual revenue.

Update, April 30th 6:30AM ET: Article updated with statements from Apple and Spotify.

Update, April 30th 7:40AM ET: Article updated with additional comments from European commissioner Margrethe Vestager.

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Full FDA approval of Covid-19 vaccines could help fight vaccine hesitancy, officials say - CNN

These vaccines have been in use since mid-December under emergency use authorizations, known as EUAs. During the pandemic, real-world data have shown the vaccines are effective against the coronavirus that causes Covid-19.
Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, told CNN's Jim Sciutto on Wednesday he hopes Covid-19 vaccines will receive full FDA approval "very soon," and that the FDA will work "as expeditiously as possible" on approval applications for coronavirus vaccines as they come in.
Progressing from authorized to approved would allow manufacturers to market and directly distribute their vaccines. It could also have an impact on vaccine mandates -- and perhaps sway skeptics hesitant to get the vaccines now.

The road to FDA approval

Currently, the three Covid-19 vaccines distributed in the United States -- made by Pfizer/BioNTech, Moderna and Johnson & Johnson -- are authorized, but not approved.
Due to the seriousness of the pandemic, vaccine makers originally applied for EUAs because the authorization process takes less time than what would be required for full approval. Emergency use authorization is what its name suggests -- a medical product, such as a vaccine, that gets special FDA authorization to be used during an emergency.
When the health emergency is over, "then any EUA(s) issued based on that declaration will no longer remain in effect," according to the FDA. So, vaccine makers will have to file a separate application for vaccines to be fully licensed.
CNN has contacted Pfizer/BioNTech, Moderna and Johnson & Johnson -- the most recent Covid-19 vaccine to be authorized -- about their plans to apply for full approval of their vaccines. None provided a timeline.
The typical approval process for vaccine developers requires completing lab research, pre-clinical testing and Phase 1, 2 and 3 clinical trials in humans. That has already been done for these coronavirus vaccines.
The FDA also requires vaccine manufacturers to submit data to support their manufacturing processes, facilities, product characterization and demonstration that the vaccine can be produced reliably and consistently.
Once all of that is complete -- both the clinical trials and manufacturing details -- companies can submit a Biologics License Application or BLA to the FDA.
"By submitting a BLA to the FDA, a company is seeking permission to distribute and market a vaccine for use in the United States," according to the FDA's website.
"FDA evaluates the data to determine whether the safety and effectiveness of the vaccine has been demonstrated and whether the manufacturing and facility information assure product quality and consistency. After its evaluation, FDA decides whether to approve (also known as to license) the vaccine for use in the United States."
Applications designated as "priority review" mean the FDA's goal is to take action on an application within six months. A "standard review" could take longer.
"When you're getting a formal approval you have to have a certain amount of time just observing predominantly the safety -- and obviously the safety looks really, really good in well over 140 million people having been vaccinated with at least a single dose," Fauci said on CNN on Wednesday.
After all, as spread of the virus is reduced, the nation may no longer be under an emergency situation and the vaccines will need a different type of green light under the FDA.
The agency is "the gold standard of a safety and regulatory organization throughout the world," said Fauci, chief medical adviser to President Biden. "I hope they do it quickly."

'It will help show skeptics that the authorized Covid vaccines are safe'

A concern around authorized-but-unapproved vaccines hinges on vaccine hesitancy.
If history is any indication, skepticism -- if not outright mistrust -- about an unapproved vaccine is nothing new.
One study published in 2009, months after the US declared a public health emergency due to the H1N1 influenza and the World Health Organization declared it a pandemic, researchers explored the public's willingness to use a drug or a vaccine with an EUA -- not full FDA approval -- by surveying a representative sample of more than 1,500 US adults.
The researchers, from the University of Pittsburgh and the University of Georgia, found that about 77% of respondents would be moderately, very or extremely worried if offered an unapproved vaccine; some 63% said they would not take it.
But the study also found that there were some other key factors that would convince respondents that a vaccine authorized under an EUA was safe to use.
If the vaccine were administered by a public health professional, 55% of respondents said they would take it.
If it came with a fact sheet, just over 57% of those surveyed said they would get it.
If their own health care provider administered the vaccine, that number shot up to 68%.
Dr. Jerome Adams, US surgeon general during the Trump administration, wrote in an opinion piece published in The Washington Post on Tuesday that approval will help show skeptics that the authorized coronavirus vaccines are safe.
"We should also pursue full Food and Drug Administration approval and expand covid vaccinations to youths," Adams wrote in part.
"The individuals who got vaccinated early on were generally high risk and willing to take a vaccine authorized for emergency use. But many people who are lower risk understandably ask if the benefits justify taking a medication that has not received the full and traditional FDA stamp of approval," he wrote. "As vaccine manufacturers complete further studies, which will eventually lead to expanded eligibility among minors, it will help show skeptics that the authorized covid vaccines are safe."

Plans to require vaccines

Some organizations say they expect to require the vaccine, but have opted not to while it's authorized and not yet fully approved.
"People, when they hear it's still emergency use, they still have a little concern about how far you can go with it," Fauci said on CNN Wednesday.
The University of California and California State University systems announced last week that their universities intend to require faculty, staff and students to be vaccinated against the coronavirus -- but the requirement would go into effect only once a vaccine has received full FDA approval. The proposed policy would begin this fall.
The California State University noted in its announcement, "This requirement will become effective at the beginning of the fall 2021 term, or upon full FDA approval of the vaccine, whichever occurs later."

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Barclays beats expectations in the first quarter as loan impairment charges slide - CNBC

A sign hangs above an entrance to a branch of Barclays Plc bank in the City of London, U.K.
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LONDON — Barclays on Friday reported first-quarter net profit of £1.7 billion ($2.37 billion), helped by a fall in loan impairment charges.

The British bank said these charges had fallen "significantly" in the first three months of the year to £55 million — down from £2.1 billion in the first quarter of 2020.

It also reported a rebound in equity trading and investment banking.

Analysts had expected net income to come in at £1.3 billion for the first three months of the year, according to Refinitiv. The British bank posted net income of £220 million for the fourth quarter of 2020.

Other highlights for the quarter:

  • Revenues hit £5.9 billion, down from £6.3 billion a year ago.
  • CET 1 ratio, a measure of bank solvency, came in at 14.6%, a fall from 15.1% last quarter.

"While momentum in the consumer businesses, particularly card balances, will take time to build, Barclays secured significant new growth opportunities in Q1 (first quarter)," Jes Staley, CEO of Barclays said in a statement.

"While evidence of recovery is encouraging, we have continued to take a cautious view of the impact of the pandemic on the business. We remain disciplined on costs, with a cost to income ratio of 61% this quarter," he added.

Shares of Barclays are up about 31% since the start of the year.

This is a developing news story and will be updated shortly.

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Biden's Labor Secretary Wants to See Gig Workers Reclassified as Employees - Gizmodo

Illustration for article titled Biden's Labor Secretary Wants to See Gig Workers Reclassified as Employees
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Tech stocks tumbled on Thursday following a Reuters interview in which U.S. Labor Secretary Marty Walsh stated that many of the millions of gig workers across the country should, in fact, be classified as employees, rather than independent contractors.

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As Reuters noted in their own coverage, shares tanked to varying degrees for four companies in particular: Uber, Lyft, Doordash, and Grubhub. Each of these companies is notorious for screwing over the workers on their platforms to varying degrees, and each of these companies vocally supported California’s Prop 22, a measure that allowed rideshare companies and delivery apps to not classify their contractors as employees. The ballot measure ended up passing this past November, a move that wasn’t chalked up to the strength of the ballot itself as much as the millions of dollars these companies spent to sway the vote.

At least from this interview, it looks like there’s some hope that will change. “These companies are making profits and revenue, and I’m not [going to] begrudge anyone for that because that’s what we are about in America,” Walsh said in the interview. “But we also want to make sure that success trickles down to the worker.”

Walsh went on to add that the Labor Department, a cornerstone of some of the pro-worker promises that Biden campaigned on in the 2020 presidential race, is “looking into” these platforms, noting that “in a lot of cases gig workers should be classified as employees,” even if these companies think otherwise.

Over course of the ongoing pandemic, we’ve seen many of these contractors struggling to find enough work to pay the bills—and because they’re contractors, the companies weren’t obligated to offer certain perks like unemployment insurance once those workers are out the door. The government quickly put together provisions for self-employed workers towards the end of March 2020, which kept some workers afloat, at least temporarily, but did little to help others from plunging into poverty.

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