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House Lawmakers Considering Bills Meant to Undo Big Tech’s Dominance

House Lawmakers Considering Bills Meant to Undo Big Tech’s Dominance

Daily Business Briefing

June 23, 2021, 4:47 p.m. ET

June 23, 2021, 4:47 p.m. ET

Kevin McCarthy, the House minority leader, has criticized the bills as empowering Biden appointees like Lina Khan, the new chair of the Federal Trade Commission, to crack down on companies.
Credit…Pool photo by Saul Loeb

House lawmakers on Wednesday began the process of considering a legislative package that would overhaul the nation’s antitrust laws in an attempt to rein in the power of Amazon, Apple, Facebook and Google.

Over the course of the day, members of the House Judiciary Committee are expected to vote on six bills that could block the tech giants from prioritizing their own products online, force them to break off parts of their businesses and generate more resources for the law enforcement agencies that police Silicon Valley. Skeptical lawmakers can propose amendments to the bills or oppose the measures outright.

The committee took its first vote in the early afternoon, voting in favor of a bill that would increase the amount of money companies pay government agencies when getting some mergers approved. That money could fund more aggressive enforcement of the antitrust laws, its supporters say.

The bill passed out of the committee with 29 lawmakers in favor and 12 opposed. All Democrats who were present voted in favor of the bill, and five Republicans joined them. Even though it is considered one of the least contentious of the six measures, lawmakers still debated the legislation for hours and considered multiple proposed amendments.

By late afternoon, the committee advanced a second bill, which would state attorneys general the power to keep antitrust cases in the courts of their choice. The bill — also among the least controversial proposals, supported by members of both parties and by all attorneys generals of states and territories — would prevent corporations from moving antitrust challenges to venues that they could view as more favorable to them. The vote was 34 to 7.

Wednesday’s session is expected to continue for the whole day, potentially stretching into early Thursday.

The bills, which were introduced this month, reflect a growing concern about the power of the largest tech companies. The proposals have drawn support from members of both parties, uniting Democrats concerned about out-of-control businesses with Republicans who fear the power of online platforms to police content online.

“The digital marketplace suffers from a lack of competition,” said Representative David Cicilline, Democrat of Rhode Island and chairman of the subcommittee focused on antitrust. “Amazon, Apple, Facebook and Google are gatekeepers to the online economy.”

The proposals also have their share of critics.

Representative Jim Jordan of Ohio, the top Republican on the Judiciary Committee, and Mark Meadows, the former chief of staff to President Donald J. Trump, said in a Fox News opinion column on Tuesday that if “you think Big Tech is bad now, just wait until Apple, Amazon, Facebook and Google are working in collusion with Big Government.” Some California Democrats have also grown concerned that the bills would slow the state’s economic engine.

The tech giants have mounted an aggressive campaign to block the bills. Tim Cook, Apple’s chief executive, has been calling members of Congress to express his concerns. Executives at other companies have made statements in recent days opposing the bills. And scores of groups funded by the companies have urged lawmakers to oppose the proposals.

breaking

John McAfee in 2009.
Credit…Chris Richards for The New York Times

John David McAfee, the founder of the antivirus software maker bearing his name, died in a prison in Spain on Wednesday, the same day a Spanish court ruled that he could be extradited to the United States on tax-evasion charges.

His death was confirmed by his lawyer, Nishay K. Sanan. Mr. McAfee was 75.

Mr. McAfee was arrested in Spain in 2020 after prosecutors in the United States accused him of not filing tax returns from 2014 to 2018, even as he earned millions from “promoting cryptocurrencies, consulting work, speaking engagements and selling the rights to his life story for a documentary,” according to an indictment filed by the Justice Department last year.

He had resisted extradition to the United States, claiming he faced political persecution by U.S. authorities in part because he opposed the fiat money system. But on Wednesday, the Spanish court said it would allow the Justice Department’s request to extradite him.

“The social, economic or any other relevance the defense claims the appellant possesses does not grant him any immunity,” the ruling stated. The court also said that, besides verbal allegations, there was “no revealing data or indication that Mr. McAfee could be subjected to any political persecution.”

Mr. McAfee was also at the center of a media frenzy in 2012 surrounding the death in Belize of a neighbor. He fled his home there after the police called him a “person of interest.”

McAfee, the software company that he founded, was once a household name in computer security. But it rose to prominence largely without Mr. McAfee, after he resigned from the company in 1994. Intel, the computer chip maker, bought the company in 2010 for $7.7 billion, then sold its majority stake to an investment firm six years later.

Before and after its purchase by Intel, the company tried to distance itself from Mr. McAfee. In 2014, Intel changed the company’s name to Intel Security, but it never completely shook its attachment to its founder and the brand he helped create.

In 2016, when Mr. McAfee tried to use the name with a new security company, Intel filed a lawsuit seeking to prevent him from doing so. Intel and Mr. McAfee settled the lawsuit, with Mr. McAfee agreeing not to use his name in the field of cybersecurity.

Cade Metz contributed reporting.

This is a developing story. Check back for updates.

William P. Davis and Coral Murphy Marcos

Gary Kelly has led Southwest Airlines since 2004, building it into the nation’s largest carrier by passengers.
Credit…Pool photo by Alex Edelman/EPA, via Shutterstock

Southwest Airlines, the first large U.S. airline to return to making money after the pandemic crushed air travel, is swapping out one longtime executive at the top for another.

After nearly two decades leading the airline, Gary C. Kelly, Southwest’s chief executive, will step down next year, the airline said on Wednesday. He will be replaced by Robert E. Jordan, a top executive who has held a number of jobs at the company. Both men have worked for Southwest since the 1980s.

Mr. Kelly, 66, has been in the top job since 2004, expanding Southwest into the nation’s largest airline by passengers carried, overseeing its acquisition of AirTran Airways, introducing international flights and guiding the company through the financial crisis and the coronavirus pandemic.

Mr. Jordan, 60, an executive vice president who oversees communication and outreach and human resources, will become chief executive on Feb. 1. Mr. Kelly will become executive chairman of the airline’s board and is expected to remain in that role at least through 2026.

“The good thing is Southwest is promoting someone who knows the company, its culture, its strengths and its weaknesses,” said Henry Harteveldt, president of Atmosphere Research Group, a travel market research firm in San Francisco. “That’s really important.”

The pandemic, which devastated the airline business, has eased in the United States. Analysts believe that the industry will rebound strongly this summer, driven mainly by domestic leisure travel, and Southwest appears well positioned to take advantage of the rising demand for tickets.

“I think the timing is perfect,” Mr. Kelly said in an interview. “We’re just closing the books on celebrating 50 years last week and I like the imagery of kicking off the next 50 years with strong, fresh leadership.”

Southwest entered the pandemic in better financial health than other large airline companies. After suffering its first loss in nearly half a century last year, the company, which is based in Dallas, reported a profit in the first quarter, something the three other large airlines have yet to do since the pandemic began. Mr. Kelly said the company’s quick turnaround wouldn’t have been possible without loans and grants from the federal government.

Unlike its three largest competitors — American Airlines, Delta Air Lines and United Airlines — Southwest flies mostly within the United States and its international flights are to Mexico and other nearby countries that remain popular destinations for U.S. travelers. Its business should recover faster because it does not fly to Europe, Asia and other distant destinations for which travel demand is widely expected to recover slowly.

The airline has added flights to and from more than a dozen new airports since the pandemic began, including George Bush Intercontinental in Houston and O’Hare International in Chicago. This month, Southwest also revealed it had more than doubled an order for Boeing’s 737 Max airplane next year, committing to take 64 jets with the option to buy dozens more.

Still, Southwest will most likely face intense competition, particularly as smaller airlines, including Sun Country, Frontier and Sprit, try to expand and the other three large airlines shift more of their focus to domestic flights while international travel is depressed. Southwest also saw widespread delays and cancellations last week as it dealt with technical problems, first involving a supplier of data and then with its own systems.

Known for his jovial demeanor, Mr. Kelly, an accountant by training, has led Southwest with a steady hand. He is widely respected in the corporate world and is Southwest’s second-longest-serving chief executive, behind only Herb Kelleher, the airline’s charismatic co-founder, who died in 2019.

Mr. Jordan will be the airline’s sixth chief executive. And while he takes over a robust business, he will have to manage Southwest’s expanding network, try to preserve the airline’s quirky corporate culture — Southwest flight attendants, for example, frequently crack jokes and wear much less formal attire than attendants at other big airlines — and repay billions of dollars in loans it took out during the pandemic.

“If things are more erratic, I think that will be more of a challenge,” Mr. Kelly said.

The Transportation Security Administration screened 2.1 million people at airport checkpoints on Sunday, the most since the pandemic began. But that figure is down 23 percent from the same day in 2019. And while strong demand this summer seems likely, analysts have less confidence in what demand will look like in the fall and winter.

Mr. Jordan’s experience as a jack-of-all-trades may serve him well. He joined Southwest in 1988 as a computer programmer. Since then, he has held a number of finance, strategy, planning and other executive jobs. He helped develop the airline’s frequent flier program.

In 2011, Mr. Jordan was put in charge of integrating AirTran Airways after Southwest bought the company. That deal was unusual because unlike the other big U.S. airlines that were created by mergers between companies like Northwest and Delta and United and Continental, Southwest has grown mostly by adding new routes and airports to its network.

“I’m just blessed beyond belief,” he said in an interview. “The company has evolved and changed just so much, but the DNA of the Southwest Airlines that I walked into 33 years ago is completely in place today.”

In statements, the unions representing pilots and flight attendants, which have relatively good relations with Southwest’s management, thanked Mr. Kelly and welcomed Mr. Jordan.

“His technology and operational experience will be critical to our airline’s future,” Capt. Casey Murray, president of the Southwest pilots’ union, said in a statement about Mr. Jordan.

Before Wednesday’s announcement, analysts believed Tom Nealon, Southwest’s president, and Mike Van de Ven, its chief operating officer, were in the running to succeed Mr. Kelly. Both men frequently represented the company in public, especially during quarterly calls with analysts and reporters, while Mr. Jordan made fewer such appearances. Mr. Kelly praised Mr. Nealon and Mr. Van de Ven in the company’s announcement and said all three were working on the transition.

A Brexit protest outside the Houses of Parliament in London in 2019.
Credit…Tolga Akmen/Agence France-Presse — Getty Images

Five years ago, on June 23, 2016, Britain voted to leave the European Union. The separation has hardly been smooth, and in some ways the effects have yet to appear, the DealBook newsletter reports.

The referendum result upended Britain’s politics, divided its people and fundamentally altered its business environment.

Some of the fallout was immediate. The day after the referendum, the value of the British pound plunged the most in its history, setting off a period of rising inflation.

Other effects have emerged more slowly. In the past six months — after Britain formally left the bloc’s single market and customs union — the impact has been harder to discern through the turmoil of the pandemic.

After the vote, business investment stalled. Companies were too unsure about Britain’s major trading relationships to make big decisions. By the time there was any certainty, the coronavirus had hit British shores. Now, the government is planning a “super deduction” tax break to bolster investment. That could spur spending, but the underlying pace of growth is unlikely to return to its pre-referendum level.

Business investment in Britain

It’s too soon to determine the overall impact on trade, especially for more than 180,000 British businesses whose only experience of international trade was with the European Union. New customs checks, veterinary requirements and other regulations have already restricted the movement of goods, and new agreements with far-flung countries aren’t expected to replace the deal Britain had with its nearest neighbors as a member of the trade bloc. By the government’s own estimates, its new trade deal with Australia will increase G.D.P. by as much as 500 million pounds (about $700 million) over 15 years, or 0.02 percent of output.

The financial services industry, one of Britain’s most prosperous sectors, resigned itself early to diminished status in Europe. This year, European shares and derivatives trading has shifted out of London, and banks are still moving employees to other European capitals. In response, the British government is trying to revive London’s reputation as a finance hub by overhauling rules on listings — welcoming SPACs, among other things — and loosening regulations for start-ups.

For many, Brexit was never about the economy, it was about immigration. Industries that relied heavily on European workers warned from the start about a looming labor crisis as it became harder for E.U. citizens to move to Britain. As the country recovers from the pandemic, that crisis has arrived.

Restaurants and hotels have been thwarted by staff shortages. There are warnings that there aren’t enough food production workers or truck drivers. Pandemic restrictions were a factor in foreign workers leaving the country, and industry groups are lobbying the government for exceptions to visa rules so that more chefs, truck drivers and butchers can be hired from the European Union, as they don’t expect those workers to easily return (or enough locals to step into the roles).

Britain’s last year in the bloc coincided with its worst recession in three centuries because of the pandemic. Recovering from the crisis won’t be easy for any country, but businesses in Britain are also contending with the end of a four-decade economic union. It could be another five years, or more, before we know the true shape of Britain’s post-Brexit economy.

The Biden administration plans to extend the national moratorium on evictions through July, officials said. Activists in Brooklyn called in May for an extension of New York State’s eviction moratorium.
Credit…Justin Lane/EPA, via Shutterstock

The Biden administration plans to extend the national moratorium on evictions, scheduled to expire on June 30, by one month to buy more time to distribute billions of dollars in federal pandemic housing aid, according to two officials with knowledge of the situation.

The moratorium, instituted by the Centers for Disease Control and Prevention last September to prevent a wave of evictions spurred by the economic downturn associated with the coronavirus pandemic, has significantly limited the economic damage to renters and sharply reduced eviction filings.

Congressional Democrats, local officials and tenant groups have been warning that the expiration of the moratorium at the end of the month, and the lapsing of similar state and local measures, might touch off a new — if somewhat less severe — eviction crisis.

President Biden’s team decided to extend the moratorium by a month after an internal debate at the White House over the weekend. The step is one of a series of actions that the administration plans to take in the next several weeks, involving several federal agencies, the officials said.

Other initiatives include a summit on housing affordability and evictions, to be held at the White House later this month; stepped-up coordination with local officials and legal aid organizations to minimize evictions after July 31; and new guidance from the Treasury Department meant to streamline the sluggish disbursement of the $21.5 billion in emergency aid included in the pandemic relief bill in the spring.

White House officials, requesting anonymity because they were not authorized to discuss the issue publicly, said that the one-month extension, while influenced by concerns over a new wave of evictions, was prompted by the lag in vaccination rates in some parts of the country and by other factors that have extended the coronavirus crisis.

Forty-four House Democrats wrote to Mr. Biden and the C.D.C. director, Dr. Rochelle P. Walensky, on Tuesday, urging them to put off allowing evictions to resume. “By extending the moratorium and incorporating these critical improvements to protect vulnerable renters, we can work to curtail the eviction crisis disproportionately impacting our communities of color,” the lawmakers wrote.

A spokesman for the C.D.C. did not immediately reply to a request for comment.

Many local officials have also pressed to extend the freeze as long as possible, and are bracing for a rise in evictions when the federal moratorium and similar state and city orders expire over the summer.

Gov. Gavin Newsom of California announced on Monday that his state had set aside $5.2 billion from federal aid packages to pay off the back rent of tenants who fell behind during the pandemic, an extraordinary move intended to wipe the slate clean for millions of renters.

Still, groups representing private landlords maintain that the health crisis that justified the freeze has ended, and that continuing the freeze even for an extra four weeks would be an unwarranted government intrusion in the housing market.

“The mounting housing affordability crisis is quickly becoming a housing affordability disaster fueled by flawed eviction moratoriums, which leave renters with insurmountable debt and housing providers holding the bag,” said Bob Pinnegar, president of the National Apartment Association, a trade group representing owners of large residential buildings.

U.S. stocks rose slightly on Wednesday, with the S&P 500 climbing for a third consecutive day, after Jerome H. Powell, the Federal Reserve chair, reiterated to lawmakers on Tuesday that the recent jump in inflation was mostly explained by bottlenecks in supply.

Stocks have fluctuated in the past week after central bank policymakers turned more hawkish, acknowledging that a stronger economic recovery would lead to higher interest rates in 2023.

On Wednesday, Raphael Bostic, who is a voter this year on the policy-setting Federal Open Market Committee, said that he expects conditions for rate increases to be in place by late next year, and he suggested that the central bank might have made enough economic progress to begin dialing back its massive bond purchases after the next “few months.”

  • The S&P 500 was up 0.1 percent by the afternoon, while the Nasdaq composite was up 0.3 percent.

  • The yield on 10-year U.S. Treasury notes rose to 1.49 percent.

  • Bitcoin rose more than 4 percent to $33,658 after a week of tumultuous trading that has come as China intensified its crackdown on cryptocurrency.

  • Oil prices climbed. West Texas Intermediate, the U.S. crude benchmark, rose half a percent to $73.21 a barrel. Brent crude, the global benchmark, rose 0.7 percent to $75.33.

Most European stock indexes fell on Wednesday even as surveys of manufacturing and services activity showed economic momentum was building in June across the continent. In Germany, the composite Purchasing Managers’ Index climbed to its highest reading in a decade. The surveys for the eurozone also beat economists’ forecasts.

But the data for currency bloc and Britain showed prices were rising quickly, which is likely to further fuel concerns about inflation. In Britain, the rate of inflation for companies’ output prices reached a record high for the second month in a row.

“Companies responded to rising workloads by taking on extra staff at an unprecedented rate at the end of the second quarter,” wrote Chris Williamson, an economist at IHS Markit, which produces the surveys. “Also hitting previously unsurpassed levels, however, were rates of inflation of input costs and output prices” because of supply-chain disruption.

The Stoxx 600 Europe fell 0.7 percent. The CAC in France declined 0.9 percent and the DAX in Germany was down 1.2 percent. The FTSE 100 in Britain dropped 0.2 percent.

The headquarters of the European Central Bank, in Frankfurt. All central banks should begin offering digital equivalents to cash, the Bank for International Settlements said.
Credit…Kai Pfaffenbach/Reuters

An umbrella organization for the world’s central banks urged its members on Wednesday to issue digital equivalents to cash that would offer some of the advantages of cryptocurrencies without the risks.

Central bank digital currencies “are an idea whose time has come,” Hyun Song Shin, the economic adviser and head of research at the Bank for International Settlements in Basel, Switzerland, said in a statement Wednesday.

The Bank for International Settlement’s 63 members include the Federal Reserve, the European Central Bank, the People’s Bank of China and almost all other major central banks, and it serves as a forum for them to coordinate and exchange ideas. The organization’s endorsement of digital currencies adds momentum to efforts already underway at most central banks to answer the challenge posed by cryptocurrencies, which threaten to disrupt governments’ hold on monetary policy.

In an article published as part of its annual economic report, the organization was sharply critical of cryptocurrencies like Bitcoin. The bank described cryptocurrencies, which tend to suffer extreme fluctuations in value, as vehicles for speculation rather than a reliable means of payment.

Cryptocurrencies have become popular with organized crime because of their anonymity and independence from government control. Also, the computer power needed to create Bitcoins and maintain the cryptocurrency’s infrastructure uses enormous amounts of electricity, contributing to climate change.

“By now, it is clear that cryptocurrencies are speculative assets rather than money, and in many cases are used to facilitate money laundering, ransomware attacks and other financial crimes,” the Bank for International Settlements said. “Bitcoin in particular has few redeeming public interest attributes when also considering its wasteful energy footprint.”

The article also warned that tech companies could issue digital currencies that would acquire dominant market positions, siphoning off a percentage of transactions that would be out of proportion to the service they provide.

The Bank for International Settlements acknowledged, though, that digital currencies were unstoppable, and offered detailed advice to central banks on how they might design their own counterparts.

Crucially, the bank said that, in contrast to cryptocurrencies, transactions with an official digital currency should not be anonymous. That would remove one of the main lures of cryptocurrencies to their boosters.

“Effective identification is crucial to every payment system,” the bank argued. “It guarantees the system’s safety and integrity, by preventing fraud and bolstering efforts to counter money laundering and other illicit activities.”

  • The U.S. clothing company PVH said on Wednesday that it would sell the intellectual property and other assets tied to brands including Izod, Van Heusen and Arrow to Authentic Brands Group for $220 million. PVH said it was a “difficult decision” and that it planned to focus on its brands like Calvin Klein. Authentic Brands has been amassing a portfolio of struggling brands in recent years, a trend that accelerated during the pandemic.

  • The International Brotherhood of Teamsters, which represents more than one million workers in North America in industries including parcel delivery and freight, will vote on whether to make it a priority to organize Amazon workers and help them win a union contract. “Amazon is changing the nature of work in our country and touches many core Teamster industries and employers,” states the resolution, which will be voted on at the Teamsters convention on Thursday. The company “presents an existential threat to the standards we have set in these industries,” it says.

  • Sales of homes in the United States fell for the fourth consecutive month in May as a sharp rise in prices and a shortage of houses for sale led to a slowdown in the market. Existing home sales fell 0.9 percent in May from April, the National Association of Realtors said Tuesday, with the median sales price climbing nearly 24 percent from a year earlier to a record $350,300.

A view of the offices of the financial trading company Morgan Stanley in New York City.
Credit…Justin Lane/EPA, via Shutterstock

Morgan Stanley will require employees and visitors to be vaccinated against the coronavirus when they enter its New York offices next month.

Starting July 12, employees, contingent workers, clients and visitors at Morgan Stanley’s buildings in New York City and Westchester County must attest that they are fully vaccinated, a person familiar with the matter said, citing a memo from Mandell Crawley, the bank’s chief human resources officer. Staff members who don’t will be required to work remotely, added the person, who spoke on condition of anonymity to discuss personnel-related matters.

Although the requirement relies on an honor system for now rather than proof of vaccination, it will allow the bank to lift other pandemic protocols, such as face coverings and physical distancing. Some office spaces for Morgan Stanley’s institutional securities, investment and wealth management divisions already allow only those who have received their shots to work from their desks.

Companies across America are grappling with the question of whether to ask employees about their vaccination status, or to require those returning to offices to be vaccinated. The Equal Employment Opportunity Commission said last month that both actions were legal. Still, some senior executives have worried about pushback from employees.

This month, Goldman Sachs said its employees in the United States would have to report their vaccination status. Other big Wall Street banks, including JPMorgan Chase and Bank of America, are encouraging workers to disclose their vaccination status voluntarily. BlackRock, the asset manager, will allow only vaccinated staff to return to the office beginning next month, Bloomberg reported. Those firms, however, stopped short of also asking clients and visitors to attest to being vaccinated.

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CreditCredit…Shira Inbar

Today in the On Tech newsletter, Shira Ovide writes that Facebook’s constant tinkering raises the question: Is the company trying so hard because it’s excited about what’s next, or perhaps because, like its peers, it is no longer so adept at predicting and then leading digital revolutions?

Source: https://www.nytimes.com/live/2021/06/23/business/economy-stock-market-news/