FT : UK class-action targets mobile phone operators with £3.3bn damages claim

UK class-action targets mobile phone operators with £3.3bn damages claim
Vodafone, EE, Three and O2 are accused of levying ‘loyalty penalties’ on customers

The biggest UK mobile phone operators could face total damages of £3.3bn following class-action claims that they allegedly charged 5mn existing customers “loyalty penalties” over a 16-year period.

Claimant lawyers say they filed court documents at the Competition Appeals Tribunal against Vodafone, EE, Three UK and O2 last week. The claims accuse the phone companies of overcharging on as many as 28.2mn contracts by not reducing the amount customers had to pay after their minimum terms expired, despite them having effectively paid off their mobile devices.

The claim consists of individual lawsuits against each company, with damages sought of up to £1.4bn from Vodafone, up to £1.1bn from EE, up to £507mn from Three, and up to £256mn from O2.

Claimant lawyers at Charles Lyndon, a law firm, estimate that up to 4.8mn people could be affected. If the case is successful, someone who held a contract with one of the mobile operators could receive up to £1,823.

The claims are on an “opt-out” basis, which means all qualifying customers will be automatically included in the claim unless they make a choice not to join.

The alleged overcharging dates back to at least 2007 and runs up to the present day.

Justin Gutmann, a former head of research and insight at the charity Citizens Advice, who is bringing the claim said: “For too long these mobile phone companies have been using their dominance to rip off their customers by charging loyalty penalties.”

He added the practice was “exploitative” and that millions of people had been “taken advantage of”.

The legal action follows a 2018 “super-complaint” — a complaint made to regulators by designated consumer bodies, which can lead to enforcement action — to the UK Competition and Markets Authority from Citizens Advice about loyalty penalties across the mobile market and other sectors.

The CMA said at the time that the practice was “unfair and must be stopped”. In an update in 2020, the regulator said “significant progress” had been made in each market.

Communications regulator Ofcom in 2019 announced new protections for mobile customers including requirements that consumers had to be told the cost of buying handsets and airtime separately as well as a number of voluntary industry commitments.

Vodafone said it did not “yet have sufficient detail for our legal team to assess”.

BT’s EE said in a statement: “We strongly disagree with the speculative claim being brought against us,” adding that it had a “robust process” for dealing with end-of-contract notifications.

O2 — now merged with Virgin Media and jointly owned by Liberty Global and Telefónica — said there has been “no contact” with its legal team on this claim but that the company launched contracts a decade ago that “automatically and fully reduce customers’ bills once they’ve paid off their handset”.

CK Hutchison’s Three declined to comment.

The litigation against the telecoms groups is being funded by Litigation Capital Management.

FT : Letter: Thames Water saga has echoes of Victorian-era profiteering

Letter: Thames Water saga has echoes of Victorian-era profiteering
From Gavin Turner, Hanworth, Norfolk, UK

The Thames Water saga offers an egregious example of problems common to a number of UK privatisations — which promised new investment and competition as a spur to innovation. (“Thames Water’s £500mn injection of ‘equity’ revealed as loan from owners, Report, December 2).

But the provision of water services in London since privatisation in 1989 has been eerily reminiscent of private water supply and sewage management in the unregulated Victorian era, when profiteering and incompetence were rife — before the establishment of the publicly owned Metropolitan Water Board in 1902. Water companies are natural monopolies, unlikely to operate in a genuinely competitive market, and the initial privatisations made inadequate provision for tight regulation and heavy penalties for poor performance or profiteering.

Nineteenth-century water companies borrowed dangerously to maintain high yields for shareholders. Modern privatised utilities often pay high dividends from profit, little of which goes on infrastructure improvement; and they load companies with debt and sell on at
a considerable profit. These financial engineers are often corporations with complex webs of offshore holding companies and some pay little if any tax on their UK operations. They also seem to play constant games with Ofwat and the Environment Agency over responsibility for continuing illegal sewage discharges and fractured water mains.

The Australian finance company Macquarie led a consortium that held the “stewardship” of Thames Water for a decade, during which time it took excessive dividends for itself and fellow investors, loaded Thames Water with an astonishing debt burden of over £10bn (now increased to a crippling £15bn) and bequeathed a large pension fund deficit when it moved on to find rich pickings elsewhere. Neither government nor regulators have seemed willing or able to intervene in all this chicanery. If Thames Water should fail, government will pay a high price for its blithe lack of interest in these goings-on, and for its failure to control these canny operators.

(PS: I have taken an amateur interest in the Thames Water saga since the Macquarie takeover, but much of the detail and background comes from Nick Higham’s excellent recent study: The Mercenary River)

FT : UK spending watchdog slams delays at FCA

UK spending watchdog slams delays at FCA
National Audit Office says financial regulator is too slow to take action after identifying issues that need tackling

The UK’s public spending watchdog has rebuked the country’s top financial regulator for being too slow to act on regulatory risks and for failing to give the government the information it needs to judge the success of a controversial overhaul.

The National Audit Office acknowledged that the Financial Conduct Authority, which oversees 50,000 companies across the UK, had made improvements under a three-year-old transformation programme but said weaknesses remained. 

“There can be a significant delay between the FCA identifying an issue to tackle, and it taking regulatory action,” the NAO said in its 56-page report on the regulator’s performance as it juggles the aftermath of Brexit, the government’s sprawling Edinburgh reforms and demands in new areas such as crypto. 

The NAO acknowledged that the FCA needed new powers in some areas, such as the buy-now-pay-later market, but said that in others “even when an issue falls inside the FCA’s perimeter, or it has the power to act, it can take years for the FCA to implement any enforcement action”.

It cited crypto, an area popularly referred to as the “wild west” of finance for its lack of governance, as an example of the FCA’s slowness to act; the regulator’s first enforcement action did not come until February 2023, three years after new anti-money laundering rules governing the sector came into effect.

The report said the FCA’s capacity to oversee crypto had also been blunted by staff shortages at the regulator, which was hit by industrial action last year as workers opposed parts of the transformation plan. “While turnover for the FCA as a whole has now fallen, delivery risks remain high in some specialist areas,” the NAO said. 

The FCA’s efficiency attracted scrutiny from the then-economic secretary Andrew Griffith a year ago, when he wrote to chief executive Nikhil Rathi and the head of the Prudential Regulation Authority stressing that the government wanted “world-leading . . . operational effectiveness” from its watchdogs.

The FCA has repeatedly defended its transformation plan and maintains that the increased data it has begun to publish is proof. However, the NAO said the regulator’s “public reporting is complex and makes it difficult for stakeholders, including HMT [HM Treasury], to judge its performance”.  

The report further criticised the FCA for “setting out the direction it expects metrics to move” under a 2022 plan, but not disclosing “what levels of performance it expects to achieve either overall or for individual metrics” and for operating an internal reporting system that includes 49 indicators across 168 activities all linked to “priority commitments”.

“The FCA must complete its work on optimising its use of data, assessing whether it is achieving the outcomes it intends and whether it is able to direct resources to where they can have most impact,” said Gareth Davies, NAO comptroller and auditor general.

He added that the watchdog “must also be clear about which of the long list of activities it is monitoring internally are its priorities. If the FCA can do this, it will be well placed to meet the challenges of the changing environment in which it operates”.  

The NAO’s recommendations for the FCA include an autumn 2024 deadline for it to develop a plan for better external data on its performance and to ensure its “operational processes” are fit for it to achieve its many goals by December that year.

The NAO also suggested a September 2024 deadline for “building on the FCA’s current work to develop its strategic workforce planning, develop and maintain a long-term plan for workforce needs”.

The FCA said it was “committed to achieving the helpful recommendations” of the NAO.

FT : Mark Cuban considers his next gamble after sale of Dallas Mavericks stake

Mark Cuban considers his next gamble after sale of Dallas Mavericks stake
Billionaire entrepreneur has a record of cannily timed deals, but would a bet on legal punting in Texas pay off?

Mark Cuban has pivoted from one venture to the next throughout his career, and his latest moves have left observers wondering: after selling a majority stake in his professional basketball team and announcing plans to exit his reality television job, what will the dotcom billionaire do next? 

Cuban said last week he would step down from his role on Shark Tank, a popular reality television programme in which he and other entrepreneurs assess start-up pitches. The next day, news emerged that he had reached an agreement to sell his majority stake in the Dallas Mavericks professional basketball franchise to the family of Sheldon Adelson, the late casino magnate and Republican donor — although he will retain control of the team’s basketball operations and own a minority stake.

Now, speculation is swirling about what Cuban, 65, plans to do next — and whether that new venture will continue his nearly three-decade record of savvy timing. In an email to the Financial Times, Cuban declined to address questions about his future plans until after the deal closes, which could happen as soon as this month.

He has flirted with entering politics in the past, but told NBC News he was not looking at a run in 2024. Instead, his public comments suggest he may be considering a move into the fast-growing US market for legalised gambling, following in the footsteps of fellow billionaires such as Steve Cohen who are aiming to use their sports teams as the base for a mini-entertainment empire.

Cuban told a Dallas news affiliate last week that the Mavericks transaction would diversify the team’s revenue stream away from dependence on local media rights and, hopefully, capture casino tourism.

“I think a new arena, real estate area and hopefully a future resort casino can replace what we lose in media, and fund current and future Mavs,” he said.

Born in Pittsburgh, Cuban moved to Dallas shortly after graduating from Indiana University. He and fellow IU alumnus Todd Wagner developed the idea to stream audio from Hoosiers basketball games over the internet. They sold the company they created, Broadcast.com, to Yahoo for $5.6bn in 1999 at the peak of the dotcom boom. 

Cuban parlayed his wealth into the ultimate American status symbol: buying a professional sports team. He purchased the Mavericks from fellow Dallas computing billionaire and former US presidential candidate H Ross Perot for a reported $285mn in 2000, and soon became one of the most recognisable owners in the league with his hands-on management and courtside antics. The team won its first NBA championship in 2011. It is now worth $3.5bn.

“Here is a guy who is surrounding himself with people he trusts, who knows when to get in and out at the right time. He isn’t like other owners who are holding on to the last second to get every last dollar,” said Joe Favorito, a lecturer in the sports management programme at Columbia University, who previously worked in business development in the mixed-martial arts industry.

In the mid-2000s, Favorito helped bring MMA programming to HDNet, the cable channel founded and formerly owned by Cuban. At the time, high-definition television was an emerging technology. “What struck me was how far ahead he was,” Favorito said of Cuban, who later sold his majority stake in HDNet, now known as AXS TV.

The sale of the Mavericks stake to the Adelsons has given him a seasoned partner should he aspire to creating a gaming empire in Texas. However, one big hurdle remains: gambling is still illegal there. Since the US Supreme Court in 2018 struck down a federal prohibition on sports betting, 38 states and the District of Columbia have legalised the practice, creating an industry worth $49bn through the first nine months of 2023, according to the American Gaming Association.

With the second-biggest population and economy in the US, Texas is considered an attractive potential gaming market, and the state legislature has faced a flurry of lobbying efforts on the issue in recent years — led as recently as 2022 by Las Vegas Sands, the casino empire founded by Adelson. But a vote on a proposed bill in the Texas House of Representatives to legalise casino and sports gambling was postponed this spring.

Convincing Texas lawmakers to play along will require political manoeuvring, including amending the state constitution, which requires supermajority support in both chambers of legislature and a ballot referendum. Swaths of conservative and religious constituents in Texas have historically opposed legal gambling on principle.

Texas lieutenant-governor Dan Patrick, a Republican, said this month that the state’s Republican-majority Senate “aren’t even close” to having the votes in support of gaming.

Chad Beynon, gaming industry analyst for Macquarie Group, estimated that Texans contributed about $3bn in gaming revenue to neighbouring states. But unlike other US states that have welcomed gambling revenues to replenish depleted tax coffers, Texas has a $32bn budget surplus.

“If they needed the money, they would legalise gambling now,” Beynon said.

Other sports teams have already ploughed ahead in incorporating matches alongside punting in what could provide a model for Cuban and the Adelsons. The Washington Commanders opened the first sportsbook within a National Football League team stadium this autumn. In baseball, Cohen, the hedge fund titan and New York Mets owner, is in the midst of a tightly contested campaign to build a casino next to Citi Field in Queens.

Cuban has acknowledged the enormity of the task, as well as the long time frame it might require. “Texas would crush it as a tourist destination” if gambling were legalised, he told a forum in Austin this month.

Beynon said the purchase agreement between Cuban and the Adelsons represents a pairing of like-minded dealmakers with similar instincts on when to pull the trigger.

“Everyone knows how Cuban got his start, how selling the [Broadcast.com] business was the right thing to do at that time. For Sands, they have also had very good luck on timing, whether that’s buying back stock, selling [their Las Vegas properties], or building in Macau.” 

On a podcast a week before the sale agreement was finalised, Cuban said: “I just want the Mavs to win. “I’m not a real estate guy . . . so if I have to bring in a partner who knows that shit, I’m fine with that.”

FT : Danone’s Chechen takeover: inside a Russian expropriation

Danone’s Chechen takeover: inside a Russian expropriation
Business handed to warlord’s nephew has retained much of the French dairy group’s previous management

When a group of Chechens with links to warlord Ramzan Kadyrov showed up this summer to seize control of Danone’s operations in Russia, the company began receiving frightened calls from its staff in the country.

The French dairy group had been close to finalising a Rothschild-brokered deal to leave Russia when the Kremlin declared its local operations, along with those of Danish brewer Carlsberg, had been placed under “temporary external management”.

But while the designation sounded the death knell for Carlsberg’s role in its Russian business, two of whose top former executives now sit in prison, what has followed for Danone has been more of a bizarre stasis.

Much of life at its Russian dairy operations continues as before, with the Chechens largely running the expropriated factories in name only and previous leadership still involved in much of the day-to-day management.

Danone’s new Chechen bosses are “running it basically as an MBA case, fairly professional and without raising too many flags — pulling the guns out and stuff like that,” according to one person close to Russia’s government subcommittee on western assets.

“It is extremely amicable,” the person said. Danone “are not telling the world they have been mistreated. They don’t sound like they are offended”.

Behind the scenes the company is still scrambling to complete the formal sale of its Russian business, according to people familiar with the talks, believing it can still get some money if properly matched with the right Kremlin-approved buyer.

Danone declined to comment.

WWD : Farfetch Said to Be Mulling Browns Sale as Credit Rating Takes Hit

Farfetch Said to Be Mulling Browns Sale as Credit Rating Takes Hit
Ida Petersson exits the London retailer just as S&P cut its rating on parent company Farfetch, worrying over the “escalating risk of a liquidity crisis.”

Farfetch is mulling the sale of Browns, according to industry sources, as it seeks to raise money and calm growing fears in the market, which have been made all the more acute by a debt downgrade.

But it’s not clear how far even a sale the brick-and-mortar boutique, which is said to have drawn the interest of distressed investor Mike Ashley, would go toward solving the luxury e-commerce platform’s problems.

Standard & Poor’s downgraded its rating on Farfetch’s debts to “CCC-plus” from “B-minus” and set the company on creditwatch with negative implications.

The negative outlook “reflects a possibility of a downgrade by one or more notches on what we see as escalating risk of a liquidity crisis or an insolvency event, including debt restructuring, or if we are unable to obtain information indicating a level of liquidity and earnings generation sufficient to alleviate our concerns,” S&P said.

Debt ratings are often more important than stock ratings as they can impact just how much it costs to raise additional financing. As of June 30, Farfetch listed borrowings of nearly $917 million on its balance sheet.

Under the S&P definition, a “CCC” rating is “currently vulnerable to nonpayment.”

“In the event of adverse business, financial or economic conditions, the obligor is not likely to have the capacity to meet its financial commitments,” the rating agency.

That puts Farfetch is dangerous territory — although the whirlwind surrounding the company has already made that clear.

Last week The Telegraph in London revealed that founder, chairman and chief executive officer José Neves was working with J.P. Morgan to take Farfetch private, pulling it from the New York Stock Exchange. That briefly buoyed the struggling company’s stock, but Farfetch then took the extraordinary step of canceling its third-quarter financial update and pulling its guidance for the year.

Compagnie Financière Richemont, which was set to close a long-awaited deal to pass the baton on Yoox Net-a-porter to Farfetch later this year, said that agreement might not come to fruition as it distanced itself from the troubled company.

At least on the surface, that leaves Neves, who controls more than 71 percent of the company’s voting rights, scrambling to find a way forward in a weakening luxury market.

S&P said in its downgrade: “We expect the group’s operating performance to have been weaker than anticipated in second-half 2023 owing to lower demand for luxury products than predicted, given the slower recovery in China and softer U.S. market. In addition, we expect efforts to monetize the group’s working capital position — by selling down inventory, monetizing tax receivables or securing additional sources of liquidity — will not materialize….We now view the company’s capital structure as unsustainable in the long-term, absent, unforeseen, positive developments in trading conditions or additional sources of support.”

It’s a precarious position that has at least some dealmakers taking a closer look at the various pieces of Farfetch.

Industry sources in London said Frasers has the cash on hand to purchase Browns.

A source added that Browns’ high-end positioning could help Frasers burnish its reputation and add a luxury halo to its upmarket fashion retail chain Flannels chain of stores. Frasers also owns the British retailers Sports Direct and sporting goods store Lilywhites.

Farfetch declined to comment about its plans for Browns or the debt downgrade. Frasers Group did not respond to a request for comment on Tuesday.

Meanwhile, Browns is also seeing some high-level changes.

Ida Petersson has left her position as director of men’s and womenswear buying.

WWD has learned that Petersson’s departure was set to be revealed following Farfetch’s third quarter, which never came.

Petersson’s next career move is expected to be revealed at the end of January, and her successor at Browns has yet to be named. Petersson has been a high-profile figure at Browns since she joined in 2016 from Net-a-porter. A front-row fixture known for her love for kitten heels and bright colors, the Swedish-born Petersson has been instrumental in keeping Browns on-trend and relevant.

While Farfetch’s business has long been viewed with some skepticism, it was able to press on with a string of high-profile hookups from Alibaba to Richemont to Neiman Marcus. But the company started to lose key backing among the investment crowd this year.

After peaking with market capitalization of nearly $25 billion in 2021 — when Wall Street was tripping over itself to invest in e-commerce — the company now has a market cap of about $461 million. Shares fell 8.5 percent to close at $1.18 on Tuesday.

Baillie Gifford U.K. Growth Trust — a division of Edinburgh-based fund firm — was Farfetch’s largest outside investor in February, owning 47 million shares, or 13.3 percent of the company.

But the fund’s managers Iain McCombie and Milena Mileva acknowledged last week that the stake in Farfetch had been sold and that hindsight showed them to be “overly patient” on an investment that had proven to be a mistake.

“The business, through a series of deals and new initiatives, had become too complex and management, despite its admirable vision and ambition, appeared to be struggling with execution,” McCombie and Mileva wrote in an interim update. “This really mattered as, after years of heavy investment, the business required a clear path to profitability.”

Farfetch’s troubles has industry experts scratching their heads over just how the situation might be resolved.

One financial source said that the “specialized fashion assets” could be of interest to another tech platform, but that the company’s cash burn would likely prevent a private equity player from stepping in.

“This is a business that gets squeezed — lower consumer demand and higher expense — by high interest rates, or put another way, maybe only exists in a low interest rate environment,” the financial source said.

The turmoil might open up some new opportunities for outside players like Frasers and its Flannels network of stores in cities including Manchester, Glasgow and Newcastle. It opened a 10 million pound London flagship on Oxford Street in 2019 opposite the mass market Sports Direct store.

Ashley is the founder of Frasers Group, and while he may have turned over the CEO title to his son-in-law Michael Murray, he remains an active — and controversial — figure in British retail.

Known as the Grim Reaper of the high street, Ashley specializes in buying stakes in distressed companies, or brands that sell through his retail chains, often at a steep discount.

The sale of Browns would be a largely symbolic failure for Neves. Although the store is not large, it was supposed to act as a laboratory for Neves’ experiments with cutting-edge retail technology.

Neves purchased Browns in 2015 and used it to test his Store of the Future, a setup that would enable retailers to move seamlessly between the physical shop floor and the e-commerce site.

It was also a bid to leverage precious consumer data; help fine-tune retailers’ marketing strategies, and woo a new generation of shoppers accustomed to buying in physical and virtual spaces.

Farfetch purchased 100 percent of Browns from the founding Burstein family in a cash-and-shares deal, although the terms were never disclosed.

At the time, Browns’ annual turnover was 14 million pounds, or $21.3 million. The Burstein family, which founded the store in 1970, continues to hold shares in Farfetch.

Under Farfetch, Browns has had its ups and downs.

In 2021, the store moved from its original premises on South Molton Street to a 300-year-old building on Brook Street in Mayfair in the former Colefax and Fowler building not far from Claridge’s.

The Farfetch team filled the new space with flowery carpets, glam rock gold walls and whizzy features such as smart mirrors, luxury fashion displayed on screens, and a dedicated app to promote the Store of the Future technology.

In 2017 it opened another London outpost, a conceptual retail space called Browns East, in Shoreditch. The store closed in 2022.

In a twist, Simon Burstein has opened a pop-up shop for his retailer, The Place London, in one of Browns’ former premises at 26 South Molton Street. The Bursteins still own the property. The shop will remain open through the end of January.

>>> US After Hours Summary: CURV +13.7% up big on earnings and new CFO news; MBI

After Hours Summary: CURV +13.7% up big on earnings and new CFO news; MBI +59% exploding on special cash dividend announcement; LULU -2.4%, DOCU -0.8% AVGO -0.4% all down on earnings results

After Hours Gainers:
Companies trading higher in after hours in reaction to earnings/guidance: CURV +13.7% (also names new CFO), PL +6.6%, SMAR +2.4%
Companies trading higher in after hours in reaction to news: MBI +59% (declares special cash dividend), CCI +1.5% (CEO retiring; appoints interim CEO), OC +1.4% (increases dividend), CUBE +1% (increases dividend), BLBD +1% (forms JV with Generate Capital), DLR +0.4% (establishing JV with Blackstone), SPGI +0.3% (CFO departing), ECL +0.2% (increases dividend), PRIM +0.2% (receives over $800 mln in awards)

After Hours Losers:
Companies trading lower in after hours in reaction to earnings/guidance: CDMO -18.7%, HCP -16%, RH -9.2%, SWBI -4.2%, FIZZ -2.5%, LULU -2.4%, DOCU -0.8%, GWRE -0.8%, MTN -0.7%, AVGO -0.4%, COO -0.1%
Companies trading lower in after hours in reaction to news: GTES -6.6% (stock offering), SPOT -1.7% (CFO leaving), GSL -0.9% (CEO reitring; appoints new CEO), WPC -0.3% (increases dividend), VAC -0.1% (increases dividend)

>>> US Market Close


(Market Close Summary: Stocks rally ahead of Friday's jobs data
Thu, 07 Dec 2023 16:23 PM EST

Summary:
Buyers stepped ahead of tomorrow's employment report, pushing stocks higher after. The NASDAQ was the clear leader amid strong trading volumes. Google shares jumped more than 5% after unveiling Gemini, its most powerful AI model yet. AMD shares gained nearly 10% on as analysts reacted favorably it the rollout of its new AI chip yesterday. Airlines were strong after JetBlue guided higher for the remainder of the year. The Yen and JGB rates rose after a disappointing government auction in Japan earlier, and fresh BOJ commentary suggesting the move away for negative interest rate policy (NIRP) may come sooner than the markets expected. US Treasury yields drifted marginally but still remain within a few basis points of the multi-month lows. The dollar lost ground, headlined by a more than 2% move against the Yen.

US Session
-(CL) Chile Nov CPI M/M: 0.7% v 0.2%e; Y/Y: 4.8% v 4.2%e
-(MX) Mexico Nov CPI M/M: 0.6% v 0.7%e; Y/Y: 4.3% v 4.4%e
-(US) Nov Challenger Job Cuts: 45.5K v 36.8K prior; Y/Y: -40.8% v +8.8% prior
-(US) INITIAL JOBLESS CLAIMS: 220K V 220KE; CONTINUING CLAIMS: 1.861M V 1.910ME (drop off 2-years high)
-(US) Biden Admin to announce moves to lower health care costs; Could seize certain drug patents that were developed with the help of taxpayer dollars if the drug is deemed to be price 'too high' - press
-(US) Nov Manheim wholesale used vehicle Index at 205.0, -2.1% m/m, -5.8% y/y
-(US) WEEKLY EIA NATURAL GAS INVENTORIES: -117 BCF VS. -104 BCF TO -106 BCF INDICATED RANGE
-(US) Q3 FINANCIAL ACCOUNT HOUSEHOLD CHANGE IN NET WORTH: -$1.312T V $5.494T PRIOR
-(US) House Speaker Johnson: Won't support any additional stopgap bills - Politico
-(US) Treasury Sec Yellen: US, Mexican financial teams discussed possibility of more deeply integrating cross border payments systems
-(US) OCT CONSUMER CREDIT: $5.1B V $8.5BE

Europe and Asia-
-(PL) Poland Central Bank (NBP) Gov Glapinski: Nothing has changed our opinion on rates and the macroeconomic outlook since the last meeting
-(DE) German Fin Min Lindner: Germany is willing to find agreement on EU fiscal rules; There is a 90% agreement between France and Germany on EU fiscal rules

Corporate Headlines
-CERE AbbVie to Acquire Cerevel Therapeutics in $8.7B deal at $45.00/shr cash
-VEEV guides Q4 $1.30 v $1.26e, Op $227M, Rev $620-622M v $625Me
-CHWY Q3 $0.15 v $0.09e, Rev $2.74B v $2.75Be; Cuts FY guidance citing industrywide pressures; Names David Reeder CFO
-DG Q3 $1.26 v $1.19e, Rev $9.69B v $9.65Be; Trims outlook, but notes momentum in some of the underlying sales trends, including positive customer traffic
-JBLU raises mid-point Q4 and FY23 outlook citing since late Oct, close-in bookings have outperformed expectations for both holiday peak and non-holiday travel periods
-CIEN guides initial FY24 Rev +1-4% y/y, FCF $400M+, gross margin mid-40% range
-DPZ CEO Weiner: Q4 QTD (ex-Uber incremental pilot volume) US delivery business positive, delivery transactions also positive - Investor Day
-EW guides initial FY24 $2.70-2.80 v $2.78e, Rev $6.3-6.6B v $6.50Be, adj gross margin 76-78%, adj op margin 29-30%
-BA reportedly to slow 737 production ramp up by about 2 months - press

-Dow Jones +0.2%
- S&P 500 +0.8%
- Nasdaq +1.4%
- Russell +0.9%


After Hours Movers
- AVGO -1.5%; earnings
- DOCU -2%; earnings
- LULU -4%; earnings
- RH -7%; earnings miss