- The Federal Trade Commission expressed concern about the practices of brand-name drug makers after generic drug companies complained they can't get bulk supplies of some medicines they want to copy. GlaxoSmithKline PLC and Celgene Corp. are among the brand-name makers citing a federal drug-safety program in refusing to supply bulk quantities of certain drugs. They say the generic companies aren't authorized to buy drugs under the program. The generic companies say that's an excuse to block competition. The situation has gotten the attention of the FTC, which investigates anticompetitive behavior in consumer markets. "We're going to be very concerned about any practice that could increase prescription-drug costs to American consumers," FTC Chairman Jon Leibowitz said in an interview. "You can't let drug safety be used as a tool to delay generic competition."
- Texas GOP Gov. Rick Perry accused President Barack Obama on Wednesday of “punishing” Texas and being “hell-bent” on turning the United States into a socialist country. Speaking at a luncheon for a Midland County Republican Women’s group, Perry said that “this is an administration hell-bent toward taking American towards a socialist country. And we all don’t need to be afraid to say that because that’s what it is.” Perry praised the tea party movement to the Republican activists in attendance, crediting the grassroots groups with discouraging some Democrats in Washington from pushing for a public option in the health care bill. “If you all think those tea parties didn’t work, then let me tell you something,” Perry said. “When they all came home in August for those town hall meetings, they got an earful. Then they went back to Washington, D.C. and the Senate voted that public option down in committee with a majority of Democrats in the Senate.” Perry also accused the Obama administration of intentionally dumping illegal immigrants from other western states in Texas, recalling a conversation he had with local officials notifying him that illegal aliens that were caught in Nogales, Arizona were being dropped off by federal authorities in Presidio, Texas. “Friday a week ago, I got not a phone call from Washington, not a letter from Washington and as a matter of fact, I don’t think any member of our congressional delegation was even notified. The first time we were contacted was by the superintendent of the school and the county judge of PresidioCounty,” Perry said. “They said, ‘do you all know what’s fixin’ to happen?’ I said, ‘well, no. What’s going on?’ They said ‘the government has just called us and said for us to get ready for an influx of illegal aliens who were captured illegally crossing the border.’” “It’s called the alien transfer-and-exit program,” Perry told the crowd, “trucking them from Nogales, past El Paso down to our western border in Presidio.” The Texas governor said he sees the action as “punishing this state” and urged the assembled Republicans to “stand up” to Washington. “I say it’s time to make tea parties twice as big as what they were,” Perry declared. “I think it’s time for us to stand up and say to Washington, D.C. that we are no longer going to accept that kind of stuff sitting down and being quiet.”
- NBC gives new meaning to the phrase "green screen" next week, spreading an environmental message across five prime-time entertainment programs. "30 Rock," where Al Gore takes a cameo role, leads the way. Environmental themes were also added to the scripts of "The Biggest Loser," "The Office," "Heroes" and "Community." Colleton says there was no attempt to be heavy-handed and interfere with the creative process. "We make sure we don't dictate to the show," she said. Producers decide the best way to absorb the message in a way that's appropriate for their audiences, she said. NBC News is also involved next week. The "Today" show will have a series on cost-efficient ways for families to live greener lives. Anne Thompson will do environmental stories from Greenland, Denmark and Arizona on "Nightly News," and David Gregory will bring up the topic on "Meet the Press." Activities on NBC Universal's cable properties include hosts on The Weather Channel advising viewers to turn down their thermostats. Green screens, by the way, are blank screens on which video or maps are projected behind anchors or actors. NBC and NBC Universal are units of General Electric (GE).
- Home buyers in much of the United States paid thousands of dollars below asking prices in September, but had slightly less negotiating power than in August, real estate website Zillow.com said on Wednesday. According to the September Zillow Real Estate Market Reports, buyers paid 2.9 percent less, or a median of $6,161, below the listing price on homes bought in September, down from 3 percent, or $6,525, for homes bought in August. Buyers' negotiating power peaked in January, when buyers paid 4.5 percent below list price, a median of $10,096, Zillow said. Meanwhile, 22.7 percent of all homes listed for sale on Zillow had at least one price reduction as of the end of September. The median U.S. reduction was 6.5 percent off the original listing price, the reports showed. Despite the overall weakness in prices, buyers paid more than asking price in seven metro areas. Most of these were in areas of California that have been hardest-hit by foreclosures.
- Best Buy(BBY), the US consumer electronics retailer, yesterday insisted it had not abandoned its ambition to become a leading force in Europe. Brian Dunn, Best Buy's chief executive, promised an "aggressive" roll-out of stores across Europe in spite of the economic downturn. Last October, Best Buy Europe, Best Buy's European joint venture with the UK's Carphone Warehouse, held out the possibility of having 200 large consumer electronics stores across Europe by 2013. But the companies confirmed yesterday that the plans now involve opening up to 100 European stores in the next three years, with 70-80 in the UK. The first UK stores were due to open this year, but the roll-out was delayed until next year. Two stores will open in the spring. "We are not dipping our toe in the water here," Mr Dunn told the Financial Times. "We are coming, we are excited."
Earnings of Note Company/EPS Estimate - (ATK)/2.05
- (URBN)/.35
- (WMT)/.81
- (KSS)/.61
- (DIS)/.41
- (JWN)/.38
- (CRI)/.67
- (GES)/.50
- (MSCC)/.23
Economic Releases
11:00 am EST
- Bloomberg consensus estimates call for a weekly crude oil inventory build of +1,000,000 barrels versus a -3,936,000 barrel decline the prior week.Gasoline supplies are expected to fall by -400,000 barrels versus a -287,000 barrel decline the prior week.Distillate inventories are expected to fall by -800,000 barrels versus a -378,000 barrel decline the prior week. Finally, Refinery Utilization is expected to rise by +.10% versus a -1.17% decline the prior week.
Upcoming Splits - None of Note
Other Potential Market Movers - The Treasury’s Geithner speaking, weekly MBA Mortgage Applications report, Treasury’s 30-Year Bond Auction, (GHDX) analyst meeting, (CVG) analyst meeting, (K) analyst day, Piper Financial Services Summit, CSFB healthcare conference, BMO Capital Digital Entertainment Conference, Citi Industrial Manufacturing/Transport Conference and the Needham Broadband Tech Day could also impact trading today.
BOTTOM LINE: Asian indices are mostly higher, boosted by financial and technology shares in the region. I expect US equities to open mixed and to rally into the afternoon, finishing modestly higher. The Portfolio is 100% net long heading into the day.
BOTTOM LINE: The Portfolio is higher into the final hour on gains in my Technology longs, Medical longs and Financial longs. I have not traded today, thus leaving the Portfolio 100% net long. The tone of the market is positive as the advance/decline line is higher, most sectors are rising and volume is slightly below average. Investor anxiety is very high. Today’s overall market action is bullish. The VIX is rising +.88% and is high at 23.06. The ISE Sentiment Index is around average at 150.0 and the total put/call is above average at .93. Finally, the NYSE Arms has been running about average most of the day, hitting .96 at its intraday peak, and is currently .93. The Euro Financial Sector Credit Default Swap Index is falling -2.89% today to 65.48 basis points. This index is down from its record March 10th high of 208.75. The North American Investment Grade Credit Default Swap Index is falling -.89% to 98.0 basis points. This index is also well below its Dec. 5th record high of 285.99. The TED spread is up +1 basis point to 22 basis points. The TED spread is now down 442 basis points since its all-time high of 463 basis points on October 10th. The 2-year swap spread is down -.76% to 32.63 basis points. The Libor-OIS spread is unch. at 13 basis points. The 10-year TIPS spread, a good gauge of inflation expectations, is up +2 basis points to 2.23%, which is down -42 basis points since July 7th. The 3-month T-Bill is yielding .05%, which is down -1 basis point today.Market leading stocks are strongly outperforming again today.As well, the Transports are sharply outperforming, rising 1.74%.(XHB) has traded very well throughout the day and is boosting the entire market as it breaks back above its 50-day moving-average.Today’s gains are better than the major averages suggest, with a number of sectors posting 1%+ gains.The market ran into some technical resistance this morning after the S&P 500 penetrated the 1,100 level, however the bears have once again been unable to gain any meaningful traction.I expect the S&P 500 to break convincingly higher through this short-term resistance by week’s end.Nikkei futures indicate an +70 open in Japan and DAX futures indicate an +6 open in Germany tomorrow. I expect US stocks to trade mixed-to-higher into the close from current levels on short-covering, earnings optimism, investment manager performance anxiety, technical buying and stable long-term rates.
- Google Inc.(GOOG) Chief Executive Officer Eric Schmidt said his company’s $750 million purchase of AdMob Inc. will expand sales of ads that appear in applications on smart phones such as the iPhone. “AdMob is clearly the best of its ilk for applications monetization,” Schmidt said yesterday in an interview at Google’s headquarters in Mountain View, California. “We think that’s as strategic as search monetization, which, of course, we’re very good at.” Together, AdMob and Google will be the largest mobile- advertising company, with about 30 percent to 40 percent of the market, according to Karsten Weide, an analyst with researcher IDC in San Mateo, California. The purchase will allow advertisers to get their brands in front of consumers who use games, personal-finance tools and music programs on the iPhone and devices using Google’s Android software, Schmidt said.
- Face.com is opening its photo-tagging system, based on facial-recognition technology, to Facebook members Wednesday. Photo Tagger, which launched to a limited group of users in July, scans a user’s photo albums on the social-networking site, then lets him tag faces it identifies. It groups multiple shots of each person, making it easy to tag large albums, and users can also adjust or remove incorrectly tagged pictures. Once a member has been identified, the app prompts him or her to approve the tag — a crucial privacy step, since he or she may not want to be labeled in a photo. It also works with a member’s current photo-privacy settings on Facebook.
NYPost: - As Clear Channel Communications sets the stage to launch its fourth debt restructuring plan, some of the company's biggest lenders are trying to seize control of the company's outdoor unit in order to further squeeze the radio and billboard giant. According to sources familiar with the matter, Leon Black's Apollo Management and Blackstone Group's GSO Capital are quietly buying up shares in Clear Channel Outdoor(CCO), the financially struggling company's publicly traded outdoor unit, in order to crimp the parent company's ability to keep using the outdoor unit as its personal ATM.
- A state blue-ribbon panel unanimously approved landmark fishing restrictions Tuesday for Southern California, creating a patchwork of havens for marine life designed to replenish the seas while leaving some waters open for anglers. The plan, approved 5 to 0 during a meeting at which emotions boiled over briefly into shouting and shoving, was a compromise intended to sustain the 250-mile coastline's environmental as well as economic health -- forged during a year of contentious negotiations between conservationists and fishing interests. any move to close waters to fishermen has been strongly resisted by both the fishing industry and recreational boaters. On Tuesday, representatives of both groups, many of them wearing black T-shirts, turned out at the panel's meeting and predicted job losses and business closures.
Lloyd’s List:
- The number of ships being ordered in China dropped 63% in October, citing data from the country’s Ministry of Industry and Information Technology.
- The Am Law Tech Survey 2009 was just released, and I was curious how the iPhone would rank on the list. In the 2008, only 5% of the firms reported having attorneys using an iPhone. While that percentage was low, I cannot say that it was surprising. Although the iPhone was released back in 2007, it wasn't until the iPhone 3G was released in mid-2008 with support for Microsoft Exchange and third party apps that most larger companies, including law firms, started to adopt the iPhone. Thus, at the time that the Am Law Tech Survey 2008 was being conducted, successful law firms were just starting to look at iPhones. The 2008 survey revealed that virtually all of the law firms had attorneys using a Blackberry (98%) while a good number of law firms had attorneys using Windows Mobile (30%) and Palm OS (14%). The 2009 survey reports a huge jump in iPhone use. Whereas 5% of the Am Law 200 law firms reported attorneys using iPhones in 2008, 55% were supporting iPhone use in 2009.
Reuters:
- United Parcel Service Inc (UPS), the world's largest package delivery service, expects growth in its volumes next year as the global economy gradually recovers, its chief said on Wednesday. UPS CEO Scott Davis told Reuters the company will hike shipping rates for 2010, which follows a similar move by rival Fedex (FDX), and it will announce the size of the hike later this month. "I think we will go back to see positive volumes next year as the economy improves," Scott said in an interview, ahead of a meeting of Asia-Pacific corporate and political leaders in Singapore. Davis told a business luncheon earlier on Wednesday that a global economic recovery will happen in a gradual manner. "I believe the recovery is real, but it is gradual. It is sustainable but vulnerable." He said this will lead the U.S. holiday season to be slightly better than expected. "Most people, the consensus, are saying it is going to be a pretty flat holiday in the U.S. I think it will be slightly better than that," he added.