Economic Calendar

Friday, December 23, 2011

Gandhi Paves Way for Congress Party Rebound

By James Rupert and Bibhudatta Pradhan - Dec 23, 2011 1:30 AM GMT+0700

Supporters of India’s Congress party roared approval at an election rally last month as Rahul Gandhi draped a garland of flowers over a portrait of his great- grandfather, Jawaharlal Nehru, the independence hero who led the nation in its first two decades.

Gandhi, 41, rolled up his sleeves and told the crowd a leader who doesn’t “share the bread of a poor man and drink the contaminated water in his house and fall sick, that leader cannot understand the plight of the poor.” The appearance at Jhusi, a village in the late Nehru’s district, is part of Gandhi’s campaign to boost the Congress vote in an election to be held by May in Uttar Pradesh, India’s most populous state.

Regaining ground in a former Congress heartland -- now dominated by groups appealing to poorer social castes -- would help build the political credentials of the fifth-generation scion of a family that’s dominated Congress and governments in the world’s second-most populous country. The campaign offers the public a further look at a political figure whom Eurasia Group says may be India’s next prime minister, yet who has refused calls to join the cabinet and has kept long silences on policy issues that have paralyzed the government.

“Indians feel Gandhi is an unknown entity,” said Mohan Guruswamy, chairman of the Centre for Policy Alternatives in New Delhi and a former Finance Ministry adviser. “They are waiting to see whether he can live up to the enormous expectations on his shoulders. He needs to present new ideas on areas such as how to improve governance, end corruption, and provide strong economic growth with policies aimed at reducing inequality.”

India’s Breadbasket

Gandhi’s Nov. 14 performance in Uttar Pradesh state, which spans the plain of the Ganges River that is a breadbasket of India, will be important to the future of Congress heading into 2014 federal elections, said R.K. Mishra, a political science professor at the University of Lucknow in the state capital.

Sonia Gandhi, Rahul Gandhi’s 65-year-old mother and Congress president, had surgery in August, during which time she handed the party’s leadership to a council of four that included her son. Prime Minister Manmohan Singh is 79 and has held office since 2004, after pioneering India’s economic opening as finance minister in the 1990s.

“Congress now needs to look to the future after Mrs. Gandhi and Prime Minister Singh, and I think the party is dependent on the family such that it cannot do so without Rahul Gandhi,” Mishra said. “Other capable young leaders are present in several states but they will not emerge nationally while he is there.”

More Endorsements

While junior Congress leaders have said in recent years that Gandhi should become prime minister, the party’s top leaders have started endorsing the idea. At least three members of Congress’s governing 20-member Working Committee, including Finance Minister Pranab Mukherjee, have told reporters that Gandhi will be a future Congress president and prime minister.

Gandhi, a one-time Harvard University student, has built his appeal on visits to communities of the 700 million Indians who survive on less than $2 a day. Less clear to investors is the degree of commitment to sustain the legacy of Singh, who has spent much of his career dismantling the state-dominated economy championed by Gandhi’s grandmother, Indira, in the 1970s.

Rahul Gandhi stayed silent for three weeks as coalition allies and opposition leaders alike pushed Singh to abandon legislation opening India to foreign department-store chains such as Wal-Mart Stores Inc. (WMT) and Tesco Plc. (TSCO) Singh suspended the plan, then said in a Dec. 14 interview he will revive it after March. Gandhi backed him in a speech two days later.

Little-Known?

“Like lots of investors, my main concern is we know so little about him,” said A.S. Thiyaga Rajan, a senior managing director at Aquarius Investment Advisors Pte. in Singapore, which manages about $350 million in Indian assets. “There has been complete silence on his economic thinking and we don’t know where he wants to take the country. So far he has given us no insight into his vision.”

Gandhi’s office did not respond to a call, an e-mail and a text message seeking comment on statements by analysts and investors that his policies were unclear.

Gandhi has focused his policy comments on pushing Congress to guarantee jobs and secure cheaper food for India’s rural poor and lower-caste peoples, known as dalits.

“It’s all right symbolically to dine with a dalit family occasionally,” said B.G. Verghese, an analyst with the Centre for Policy Research in New Delhi. Still, “that is not presenting a vision” for the country.

Cell-Phone Scandal

Singh this year faced protests on city streets and in parliament over corruption scandals linked to the sale of cell- phone licenses and to last year’s staging of the Commonwealth Games. The demonstrations, led by independent activist Anna Hazare, who held a 13-day hunger strike, swelled in August as Sonia Gandhi was overseas being treated for an illness the family and party won’t discuss.

Rahul Gandhi didn’t respond publicly to the protests for almost two weeks before telling parliament in an Aug. 26 speech that the government couldn’t be held hostage.

Singh, after initially criticizing the protest, told parliament the day before that he respected Hazare’s “idealism” and that Hazare had become “the embodiment of the disgust and concern about tackling corruption.”

The government’s overall handling of Hazare, which included arresting the activist for three days, helped depress its support to 20 percent by September from 30 percent in May, according to an opinion poll among 9,000 people across 28 cities by research company Nielsen Holdings NV and India’s Star News television channel. The opposition Bharatiya Janata party rose to 32 percent. No margin of error was given.

Independence Campaigners

Nehru and his father were early leaders of the Indian National Congress. They campaigned alongside Mahatma Gandhi, who was not a relative, for independence from British rule. Nehru served as India’s first prime minister until his death in 1964. Power passed within 20 months to his only child, Indira Gandhi.

She alienated voters by suspending the constitution in 1975 to quash protests challenging her rule, and lost an election two years later. She regained office in a 1980 vote only to be assassinated in 1984.

Indira Gandhi’s son, Rajiv Gandhi, succeeded her for five years before losing an election amid a corruption scandal. When he, too, was assassinated in 1991, his Italian-born wife, Sonia, withdrew her family from politics.

Rahul Gandhi was a student at Harvard in Cambridge, Massachusetts, when his father was killed. He transferred to Rollins College in Winter Park, Florida, to complete his degree under an assumed name.

Cambridge Degree

Gandhi later earned a master’s degree in development studies at the U.K.’s University of Cambridge and worked for companies in London and Mumbai.

Seven years after her husband’s death, with some leaders quitting Congress to form their own blocs, Sonia Gandhi accepted the party’s appeal to become its president.

A revived party won power at the head of a coalition in 2004, with Rahul entering politics by winning his father’s former parliament seat. Sonia Gandhi declined party leaders’ calls to take the premiership, choosing Singh for the role instead.

“The Gandhis have been as glamorous and fascinating for Indians as the Kennedys for Americans, but the Kennedys are no longer in power” while the Nehru-Gandhis have ruled their country for 45 of its 64 years of independence, said Rasheed Kidwai, Bhopal-based author of the 2003 book “Sonia: A Biography.”

Drinking the Water

Rahul Gandhi led a national election campaign in 2009 that secured the party’s best result in 20 years. He has since worked on building a base for himself and the party by expanding and democratizing its youth wing, turning aside public calls by Singh for him to join the cabinet.

Gandhi explained his visits to share water and food with India’s poor and powerless in a televised election rally this month. “When it makes me sick and my stomach gets upset, I will remember the well whose water our poor brothers are forced to drink,” he said.

One visit in May revived public discussion of Gandhi’s inexperience. After he met villagers in Uttar Pradesh who had clashed with authorities over land acquisitions for a highway, Gandhi went directly to Singh with allegations that police had killed 74 protesters. Villagers didn’t back up the story and forensic tests on a mound of ash where Gandhi said the victims had been buried showed no human remains.

Erratic Conduct?

“He can be rather erratic in his conduct,” said Verghese, who served as an aide to Indira Gandhi when she was premier.

Strengthening rural welfare programs and the land rights of local communities are initiatives Gandhi has backed, echoing the populist bent of a mother who has supported broadening food subsidies and rural employment guarantees. Gandhi would promote “redistribution and focus on the marginalized,” New York-based Eurasia Group said in a Nov. 16 report.

Singh, an economist, has worked on strengthening the private sector in an economy that for decades was dominated by the state. “It is the only path to reduce the chronic poverty millions still live under,” Singh said in the Dec. 14 interview. Gandhi as prime minister probably would have to adopt some of that approach, Mishra said.

Coalition Glue

“Gandhi’s arrival could be a very positive thing by providing glue to the party and the coalition,” said Sam Mahtani, a London-based director of emerging markets at F&C Asset Management Plc., which manages about 103 billion pounds ($161 billion) in assets. “This may be what is needed to allow the government to push through important reforms,” said Mahtani, who is currently overweight in investments in India.

India’s $1.7 trillion economy grew 6.9 percent in the three months through September, the weakest expansion since the second quarter of 2009. Business leaders, including Reliance Industries Ltd. Chairman Mukesh Ambani, the country’s richest man, have urged Singh to work faster on legislation to aid growth.

At the same time, Indian stocks are lagging behind the developing world average. The BSE India Sensitive Index (SENSEX), or Sensex, has fallen 23 percent this year, compared with a 20 percent decline in the MSCI Emerging Markets Index, on investor concern a weak rupee, rising borrowing costs and Europe’s crisis will hurt profits.

Election Draw?

Gandhi’s grip on Congress will depend on how effectively he shows regional leaders that his family name and political skills will win them elections, said D.H. Pai Panandiker, president of RPG Foundation, the nonprofit social welfare arm of the Mumbai- based RPG Group of companies.

The 200 million people of Uttar Pradesh would make it the world’s fifth most populous country, ahead of Brazil. In his Nov. 14 rally in the state, Gandhi attacked its chief minister, Mayawati, who built her Bahujan Samaj Party by pulling millions of lower-caste voters away from Congress.

“While there has been no progress for the poor in the past 20 years, corruption and the power of thugs have increased,” he said, his hands jabbing the air.

At the village of Chilh, 70 kilometers (40 miles) down the Ganges River, cloth merchant Amrit Lal, 82, said the Gandhi family “has done a lot for India” and received his vote for 30 years.

Sitting amid bolts of fabric in his shop, Lal praised Gandhi for visiting his community last month after villagers publicly protested what they say are abuses by local police.

“We are willing to see Gandhi as prime minister,” Lal said as neighbors pressed into his shop to listen. Still, his future in high office will depend on his performance, notably on prices and graft, Lal said.

“If he can do something, let him try,” he said. “If he can’t, we have the habit of throwing these governments out.”

To contact the reporters on this story: James Rupert in New Delhi at jrupert3@bloomberg.net Bibhudatta Pradhan in New Delhi at bpradhan@bloomberg.net

To contact the editor responsible for this story: Peter Hirschberg in Hong Kong at phirschberg@bloomberg.net





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Yanzhou Coal to Buy Gloucester for $2.1B

By Elisabeth Behrmann and Cathy Chan - Dec 23, 2011 10:09 AM GMT+0700

Yanzhou Coal Mining Co. (1171), China’s fourth-biggest coal producer, agreed to buy Gloucester Coal Ltd. for about A$2.1 billion ($2.1 billion) in cash and shares to gain more mines and port access in Australia.

The deal values Gloucester at as much as A$10.16 a share, subject to conditions, according to a statement from the Sydney- based company. That’s 45 percent more than its Dec. 19 close, the day before the stock was halted.

Buying Gloucester, controlled by commodity trader Noble Group Ltd. (NOBL), will almost double Yanzhou’s coal mines in Australia, the world’s biggest exporter, as well as expand its access to ports. The proposed deal looked more expensive than recent industry transactions, Nomura Holdings Inc. said in a report before the deal announcement.

“There is an overall premium to recent share prices and I think the market has captured a good proportion of that,” Lawrence Grech, a resources analyst at Austock Group Ltd. in Melbourne, said by phone. “There is an indication of value which Yanzhou is obviously signaling but the benefits of that are more than 18 months into the future.”

Under the plan, Gloucester will merge with Yancoal Australia Ltd. and its shareholders will get A$3.20 cash and 23 percent of the stock in a new company that combines most of Yanzhou’s Australian assets with Gloucester’s. The remaining stake in the company will be held by Yanzhou and it will become publicly traded in Australia.

Yanzhou also offered a payment of as much as A$3 a share should stock in the new company drop below A$6.96 in the 18 months after the deal closes, according to the statement.

Merger Ratio

“The value of the deal all comes down to what you value the Yancoal assets in Australia at,” James Stewart, resources analyst at CLSA Asia-Pacific Markets in Sydney said by phone. “To me the merger ratio looks about right.”

Gloucester Coal rose 20 percent to A$8.41 at 1:45 p.m. in Sydney. Yanzhou climbed 6.8 percent in Hong Kong, and Singapore- listed Noble advanced 0.4 percent. The deal needs regulatory approval in China and Australia.

Rising demand for coal in China and India has pushed deals globally to a record $35 billion this year, compared with $30.3 billion last year, according to data compiled by Bloomberg. Yanzhou, which bought Felix Resources Ltd. for A$3.1 billion in 2009 in China’s biggest takeover of an Australian company, agreed in September to acquire two coal units of Wesfarmers Ltd. for A$296.8 million.

Noble has stated to Gloucester’s independent directors that it intends to vote in favor of the proposal, subject to approval by its board of directors, Gloucester said in the statement.

Coal Consumption

Producers are seeking to expand as demand from utilities and steelmakers rises, while asset prices drop. Global consumption of the fuel is projected to climb by an annual 2.8 percent in the six years to 2016, driven by China’s economic growth, the International Energy Agency said this month.

Yancoal will fold about $2.7 billion in debt maturing in 2014, 2017 and 2018 into the merged company, Gloucester said in the statement.

The deal is conditional on the combined company obtaining a listing on the Australian stock exchange, according to the statement.

Yancoal is required to list at least 30 percent of its local assets by the end of 2012 as part of conditions attached to its takeover of Felix Resources.

Australian Listing

“Upon completion of the merger proposal we will have made a significant step toward meeting all the undertakings including a listing of Yancoal core assets,” Yanzhou said in a statement yesterday.

Yanzhou is being advised by Citigroup Inc., UBS AG and Goldman Sachs (Asia) LLC, as well as by law firms Freehills, Baker & McKenzie and King & Wood. Gloucester (GCL) is advised by Lazard Ltd. and Noble by Blackstone Group LP.

Yancoal and Gloucester plan to boost annual output to about 25 million metric tons by 2016, Yancoal said in a presentation on its website.

Noble, a Singapore-listed commodities supplier, owns 64.5 percent of Gloucester, according to data compiled by Bloomberg. Noble, whose main business involves trading and shipping bulk commodities including coal, took control of the company in 2009 when it offered A$7 a share. Chief Executive Officer Ricardo Leiman quit last month after Noble reported a quarterly loss.

Buying Gloucester will be Yanzhou’s fourth acquisition in Australia following the Felix takeover, the purchase of coal developer Syntech Resources Pty for A$202.5 million in August and the two units of Wesfarmers.

To contact the reporters on this story: Elisabeth Behrmann in Sydney at ebehrmann1@bloomberg.net; Cathy Chan in Hong Kong at kchan14@bloomberg.net

To contact the editor responsible for this story: Rebecca Keenan at rkeenan5@bloomberg.net





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Asian Stocks, Won Gain on Signs of U.S. Recovery, Gloucester Takeover Bid

By Shiyin Chen and Jonathan Burgos - Dec 23, 2011 2:16 PM GMT+0700

Dec. 23 (Bloomberg) -- Patrick Bennett, a strategist at Canadian Imperial Bank of Commerce in Hong Kong, talks about the outlook for the Korean won, euro, U.S. dollar, the yen and yuan. He speaks with Rishaad Salamat on Bloomberg Television's "On the Move Asia." (Source: Bloomberg)

Dec. 23 (Bloomberg) -- Norman Chan, head of investment at Calibre Asset Management in Hong Kong, talks about the outlook for global stocks. He speaks with Rishaad Salamat on Bloomberg Television's "On the Move Asia." (Source: Bloomberg)

Dec. 23 (Bloomberg) -- Michael Cuggino, president of Pacific Heights Asset Management LLC, talks about the outlook for the U.S. economy, the nation's stock and bond markets, and his investment strategy. Cuggino speaks with John Dawson on Bloomberg Television's "First Up." (Source: Bloomberg)


Asian equities (MXAPJ) and South Korea’s won rose, set for weekly gains, while U.S. stock-index futures rallied and the dollar fell on signs the world’s largest economy is recovering. Mining shares climbed as China’s Yanzhou Coal (1171) Mining Co. agreed to buy Gloucester Coal Ltd.

The MSCI Asia Pacific Excluding Japan Index advanced 1.3 percent at 3:09 p.m. in Hong Kong, the highest since Dec. 13. The Shanghai Composite Index gained 0.9 percent on speculation the government will ease monetary policy and relax property curbs. Standard & Poor’s 500 Index futures increased 0.6 percent and those on the Stoxx Europe 600 Index added 1 percent. The won was up 0.5 percent and the Dollar Index slid 0.2 percent. Oil were headed for the biggest weekly rally in almost two months.

Reports today are forecast to show U.S. personal spending, durable-goods orders and new home sales rose in November, after data showed a drop in jobless claims yesterday. Moody’s Investors Service said the outlook for South Korea’s ratings remains stable after the death of Kim Jong Il, while lowering Slovenia’s credit grade, citing the potential need for the government to support banks amid Europe’s debt crisis.

“It’s encouraging that the U.S. economy is improving,” said Tim Schroeders, who helps manage $1 billion at Pengana Capital Ltd. Melbourne. “Asset prices can probably go further despite this fairly benign economic environment.”

Japan’s financial markets are closed for a holiday today. More than four shares advanced for every one that declined in MSCI’s Asia Pacific excluding Japan index, which has climbed 2.3 percent this week. The measure has dropped 17 percent this year, compared with a 0.3 percent retreat in the S&P 500 and a 13 percent loss in the Stoxx Europe 600 Index.

Stocks Rally

Australia’s S&P/ASX 200 Index rose 1.2 percent as Gloucester Coal (GCL) surged 22 percent after China’s Yanzhou Coal agreed to buy the Sydney-based company for A$2.1 billion ($2.13 billion) in cash and shares. Yanzhou Coal jumped 6.9 percent in Hong Kong. South Korea’s Kospi index increased 1.1 percent, taking its rally since Dec. 19 to 5.1 percent as concerns over political succession in North Korea eased.

Gemdale Corp. (600383) and Poly Real Estate Group Co. (600048) rallied more than 1.2 percent, helping the Shanghai Composite to its first gain this week. The Beijing government said it won’t impose property price caps and the Xinkuai newspaper reported a city in Guangdong province may allow home price restrictions to expire.

S&P 500 futures expiring in March signal the U.S. stock gauge may climb for a fourth day. Durable goods orders probably rose 2.2 percent in November, while personal spending may have increased 0.3 percent, according to the median forecasts of economists surveyed by Bloomberg. New home sales may have climbed to 315,000 last month from 307,000, the surveys show.

Signs of Strength

New unemployment claims fell by 4,000 to 364,000 in the week ended Dec. 17, the lowest level since April 2008, Labor Department figures showed yesterday.

“We’re seeing some signs of strengthening,” Michael Cuggino, president of Pacific Heights Asset Management LLC, said in a Bloomberg Television interview from San Francisco. “I’m cautiously optimistic.”

The yen headed for weekly declines against all 16 major peers. The currency traded at 78.05 against the dollar today and weakened 0.2 percent to 102.17 per euro. The euro climbed 0.3 percent to $1.3092.

The won rose to 1,150.20 against the dollar, taking its gain for the week to 0.7 percent.

“Investment sentiment is improving after U.S. data sent some signals that the world’s largest economy is holding out well,” said Hwang Sun Min, a currency dealer in Seoul at Kookmin Bank, Korea’s largest lender. “Moody’s confirmation of sovereign ratings is also helping push the won higher.”

Stability Restored

The Bank of Korea and Finance Ministry said today in a joint statement after a meeting in Seoul that they will try to reduce the won’s volatility and expand trade financing for exporters so that they can cope with the global economic slowdown. Financial markets have restored stability after Kim Jong Il’s death, according to the statement.

New Zealand’s dollar swung between gains and losses after an earthquake struck near Christchurch. The currency fell to as low as 77.23 U.S. cents before trading at 77.47 cents. It has gained 1.8 percent this week.

Oil futures in New York rose as much as 0.6 percent to $100.12 a barrel. Futures have jumped 6.7 percent this week, set for the largest increase since the five days ended Oct. 28. Copper in London gained 0.8 percent to $7,599.75 a metric ton, climbing for a fourth day, the longest increase since October. The metal is poised for a 3.5 percent rise this week, the first increase in three weeks.

The cost of protecting Australian corporate bonds from default declined, with the Markit iTraxx Australia index falling two basis points to 182 basis points, according to Australia & New Zealand Banking Group Ltd. The gauge had risen 81 basis points this year as of yesterday, CMA prices show.

To contact the reporters on this story: Shiyin Chen in Singapore at schen37@bloomberg.net; Jonathan Burgos in Singapore at jburgos4@bloomberg.net

To contact the editor responsible for this story: Darren Boey at dboey@bloomberg.net



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Newborn’s Death Spurs Race to Find Source of Contamination in Baby Formula

By Stephanie Armour and Michelle Fay Cortez - Dec 23, 2011 12:01 PM GMT+0700

A rush is on to determine if infant formula triggered a bacterial infection that killed one newborn and sickened another baby who were both treated at Missouri hospitals.

Regulators are testing samples of powdered formula, along with the water used to prepare the products and the clothes the children wore, according to the U.S. Food and Drug Administration. Mead Johnson Nutrition Co. (MJN) plunged 10 percent yesterday after Wal-Mart Stores Inc. (WMT) pulled its Enfamil Newborn formula from shelves after it was determined the infant who died was given that brand.

The other formula wasn’t identified by health officials. Both babies tested positive for Cronobacter, an environmental bacteria that can cause serious illness or death. If the formula itself is to blame, it would probably spur a national recall, said Siobhan DeLancey, an FDA spokeswoman.

“We are trying to figure out whether it came from the food,” DeLancey said by telephone. “We take these into local labs and test them. We expect first results back next week.”

U.S. health officials probe about four to six such cases a year, she said.

Neither Wal-Mart, based in Bentonville, Arkansas, nor Mead Johnson, in Glenview, Illinois, provided the number of cans removed from shelves. The number is in the thousands, and about half of Wal-Mart’s stores carry the formula, said Chris Perille, a spokesman for Mead Johnson.

Refunds

Customers can return the withdrawn formula for a refund or exchange, said Dianna Gee, a spokeswoman for Wal-Mart, the world’s biggest retailer. The company had 3,856 stores in the U.S. as of Nov. 30, according to its website.

The Missouri Department of Public Health and Senior Services on Dec. 19 issued a health alert on two babies infected with the bacteria within the last month, according to the agency’s website. The department didn’t say if the second infant, who lived out-of-state but was treated in Missouri, used the Mead Johnson product.

That question is “a big, fat unknown,” DeLancey said.

Cronobacter is part of a family of a family of microorganisms called Enterobacter sakazakii that has a fatality rate of 40 percent to 80 percent in infants, according to Marler Clark, a Seattle-based law firm that focuses on foodborne illness litigation.

Purchase at Wal-Mart

The dead child’s family “purchased the formula at a Wal- Mart store, and ‘out of an abundance of caution’ Wal-Mart decided to voluntarily ‘pull & hold’ the same size cans (12.5 oz.) of Enfamil Newborn from the same batch code until the investigation is completed,” Perille said in an e-mail.

The batch consumed by the infant who died tested negative when it was made and packaged, and the results were reconfirmed after the news, he said.

“Outbreaks of this particular bacteria are typically linked to powdered infant formula, but it is unclear at this point where along the chain the contamination occurred or if the formula is the cause altogether,” Edward Aaron, an analyst with RBC Capital Markets in Denver, wrote in a research note today.

Finding a common source may be daunting, in part because memories of what was purchased can be faulty, said Bill Marler, a food-safety lawyer in Seattle. “They’re trying to ask people who are going through a trauma what they bought,” he said.

Wal-Mart learned of the death Dec. 18, Gee said. The company immediately removed the product from the Lebanon store and the next day notified more than 3,000 stores in 49 states.

Wal-Mart has had “nearly 100 percent compliance” from its stores, she said.

‘Products Could Return’

“Since we knew there was an active investigation by the Missouri Department of Health, we decided it was best to pull the product until the investigation is complete,” Gee wrote in an e-mail. “The products could be returned at a later date.”

While it’s premature for parents to change what they feed their infants, it’s important to remind them to prepare formula properly, said Lorry Rubin, chief of pediatric infectious diseases at Cohen Children’s Medical Center of New York.

Glassware and bottles should be cleaned and sterilized, and the water should be boiled and cooled before it is added to powered formula, he said. Any extra prepared formula should be immediately refrigerated and used within 24 hours, he said.

Bacteria from the Cronobacter family are known to have contaminated infant formula, he said in a telephone interview. The strains are similar to the bacteria humans carry in their gut and typically don’t cause significant concern, he said.

“The powder formula isn’t necessarily a sterile product, but taking precautions, even if there is a small amount of bacteria in there, it shouldn’t be enough to harm the baby,” Rubin said. “If you re-warm it or make improperly, the bacteria can multiply and you have a higher risk of getting ill.”

Detective Work

Public-health officials will have to determine if the fingerprint of the bacteria is the same in both children, which would indicate a common source of contagion, said Dave Theno, chief executive officer of Gray Dog Partners Inc., a food-safety consultant in Del Mar, California.

“The questions are: Are they made in the same plant, are they made by the same manufacturer?” Theno said in an interview.

The Enfa brands, which include Enfamil, accounted for 79 percent of Mead Johnson’s $3.14 billion in 2010 revenue and were the world’s lead brand franchise in pediatric nutrition based on retail sales, the company said in a February filing. About 12 percent of Mead Johnson’s sales come from Wal-Mart, according to data compiled by Bloomberg.

Several cases of foodborne illness from infant formula are reported each year to the Centers for Disease Control and Prevention, Lola Scott Russell, a spokeswoman, said in an e- mail.

Last year, Abbott Laboratories recalled Similac-brand powder infant formulas distributed in the U.S., Puerto Rico, Guam and some Caribbean nations because of possible insect contamination.

To contact the reporters on this story: Stephanie Armour in Washington at sarmour@bloomberg.net; Michelle Fay Cortez in Minneapolis at mcortez@bloomberg.net

To contact the editor responsible for this story: Reg Gale at rgale5@bloomberg.net





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Boehner Signs On to U.S. Payroll Tax Deal

By Steven Sloan and Laura Litvan - Dec 23, 2011 12:01 PM GMT+0700

Deserted by many of his fellow Republicans, U.S. House Speaker John Boehner surrendered to attacks from President Barack Obama and congressional Democrats and agreed to a two-month extension of a payroll tax cut that he derided hours earlier.

The decision kicks the fight over extending the tax cut for 160 million U.S. workers into early next year without resolving deep divides over how to cover the cost through 2012.

Democrats are focused on imposing a new tax on income exceeding $1 million while Republicans want to cut the federal work force and freeze pay for government workers. Republicans also want to attach policies to a payroll tax cut extension -- opposed by Democrats -- such as a rewrite of the unemployment system or weaker rules for industrial emissions.

The deal that Boehner and Senate Majority Leader Harry Reid, a Nevada Democrat, agreed to yesterday includes language that calls on Obama to accelerate approval of the Keystone XL Canadian oil pipeline. Both chambers plan to pass the tax cut deal today by unanimous consent, which means most lawmakers won’t have to return to Washington over the holiday recess.

Boehner could be in a weaker position entering the 2012 negotiations after presiding over the tumult of recent days, in which Senate Republicans opposed Boehner’s stance and some House Republicans had begun to defect as well. The talks next year will unfold in the months ahead of a presidential election, making Boehner’s task more difficult.

No Time for Celebration

“I don’t think it’s a time for celebration,” the Ohio Republican told reporters yesterday. “Our economy is struggling. We’ve got a lot of work ahead of us in the coming year.”

After days of relentless attacks from Democrats and negative headlines in the press, some Republicans were pleased to see Boehner cut his losses.

“The great danger would have been if we continued,” said Representative Tom Cole of Oklahoma. “We made our points. We’ve gotten some modifications.”

The pressure for Boehner to cut a deal was building for days. Republican Senators Olympia Snowe of Maine, Scott Brown of Massachusetts, John McCain of Arizona and Bob Corker of Tennessee, criticized Boehner’s move to reject the bipartisan two-month extension after it passed the Senate on Dec. 17, just two weeks before the tax cut was set to expire.

Isolation in Opposition

Boehner became more isolated in his opposition to the Senate-passed bipartisan bill after the top Republican in the Senate, Mitch McConnell of Kentucky, issued a statement before lunchtime yesterday urging the House to pass the short-term measure.

McConnell said the House should pass a bill that averts “any disruption in the payroll tax holiday or other expiring provisions and allows Congress to work on a solution for the longer extensions.”

That statement “sealed the deal” in ending the standoff, said Brian Gardner, the senior vice president for Washington research at KBW Inc.

Boehner held a conference call with Republicans yesterday. On a similar conference call following the Dec. 17 Senate passage of the two-month extension, rank-and-file Republicans pressed Boehner to oppose the measure. They did so on Dec. 20 as the House rejected the Senate bill 229-193.

Different Tone

House Republicans who participated in yesterday’s call said the tone was much different than after the Senate vote.

“It wasn’t truly a conference call,” Representative Jack Kingston, a Georgia Republican, said. “It wasn’t a solicitation of opinion.”

Though most House Republicans still want a yearlong deal, Kingston said that it was time for the party to move forward.

“This takes the whole thing off the front page and that’s a good thing,” he said.

Some House Republicans said yesterday they don’t think Boehner’s agreement to pass the two-month extension puts him in immediate danger of losing the support of the Republican majority he leads.

Representative Sean Duffy, a freshman Republican from Wisconsin, said Boehner was trying to reflect the views of his colleagues. Duffy said he is pleased that a tax increase will be avoided in January and doesn’t think the saga would hurt Republicans in the 2012 election.

“I think the American public will look at the economy and job growth and the lack thereof,” Duffy said. “I don’t think this is an indicator of what will happen next year.

Provisions Extended

Without congressional action, the payroll tax for employees would rise in January to 6.2 percent from the current 4.2 percent. The tax funds Social Security. The deal also averts an end to emergency unemployment benefits set to expire on Dec. 31 and assures doctors their Medicare reimbursement rates won’t be reduced starting in January.

Michael Feroli, JPMorgan Chase & Co. (JPM)’s New York-based chief U.S. economist, said economic growth would be reduced by 0.5 percentage points in the first quarter and 1.5 percentage points in the second quarter of 2012 if the payroll tax cut and expanded unemployment benefits weren’t continued. If they are extended for the year, he expects growth of 2.5 percent in the first half of the year, he said in a Dec. 16 note to clients.

House Ways and Means Committee Chairman Dave Camp, a Michigan Republican, will introduce the legislation in the House today that will implement the agreement.

Unanimous Consent

The measure will be brought up in the House under unanimous consent to avoid requiring lawmakers to return and could be cleared in the Senate later in the day using the same process.

The legislation includes one difference from the version passed by the Senate. A yearlong payroll tax cut extension would apply to the first $110,100 in wages. To prevent someone from shifting all their income into the first two months of the year, the Senate bill limited the tax break to the first $18,350 a worker earns.

Republicans changed the bill to apply the tax cut to the full $110,100 in wages, according to information provided by Camp’s office. That makes it easier for payroll processors to continue the tax cut if it is extended beyond February.

Workers who earn more than $18,350 during the first two months of the year will pay an additional 2 percentage point tax when they file their returns in 2013.

The bill is HR 3630.

To contact the reporters on this story: Laura Litvan in Washington at llitvan@bloomberg.net; Steven Sloan in Washington at ssloan7@bloomberg.net

To contact the editor responsible for this story: Mark Silva at msilva34@bloomberg.net




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Netflix CEO Hastings’ Stock Options Cut by 50%

By Rob Golum - Dec 23, 2011 4:14 AM GMT+0700

Netflix Inc. (NFLX), the online and mail- order video service predicting losses for next year, cut the annual stock-option allowance for Chief Executive Officer Reed Hastings by half to $1.5 million.

Hastings will receive a salary of $500,000 for 2012, unchanged from this year, according to a regulatory filing today. His annual stock option allowance for 2011 was $3 million, according to a filing a year ago.

Netflix shares have dropped 75 percent from their all-time closing high of $298.73 set on July 13 as the company battled a subscriber revolt over price increases and other changes to its mail-order and streaming services. In October, Netflix projected losses in 2012 as it expands to the U.K.


Annual pay for Leslie Kilgore, chief marketing officer, will be cut to $575,000 from $802,000 in 2011, according to the filings. Kilgore’s option grant was increased to $1.33 million from $1.1 million. The 2012 salary for Neil Hunt, chief product officer, will be unchanged at $1 million and the option allowance will increase to $1.5 million from $900,000.

“We don’t comment on board decisions or executive compensation,” said Steve Swasey, a Netflix spokesman.

Netflix, based in Los Gatos, California, rose 4 percent to $73.84 at the close in New York. The shares have lost 58 percent this year.

Ted Sarandos, chief content officer, will receive $1 million in salary and $1.8 million in option allowances, compared with $903,362 and $1.4 million, respectively, last year, according to the filings.

To contact the reporter on this story: Rob Golum in Los Angeles at rgolum@bloomberg.net

To contact the editor responsible for this story: Anthony Palazzo at apalazzo@bloomberg.net



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Akamai Technologies Rises on $268 Million Purchase of Cloud Rival Cotendo

By Alex Sherman - Dec 23, 2011 5:28 AM GMT+0700

Akamai Technologies Inc. (AKAM), operator of a server network that lets businesses speed data delivery, rose the most in more than 19 months after agreeing to buy startup competitor Cotendo Inc. for about $268 million in cash.

Akamai jumped 19 percent to $31.63 today in Nasdaq trading, its biggest one-day gain since April 29, 2010.

The acquisition will let Cambridge, Massachusetts-based Akamai expand its acceleration technologies for the Web-based cloud computing system used by customers such as phone companies and social networks. The deal also helps Akamai “maintain its leadership position and high margins” by eliminating a competitor, according to a research note from Gray Powell, an analyst at Wells Fargo & Co. in New York.

Akamai is paying about nine times Cotendo’s anticipated 2011 revenue of $30 million, according to Powell. The ratio makes the deal “expensive but worth it,” he said. The purchase price is less than the $300 million some investors had expected three weeks ago, said Powell, who rates the stock “outperform.”

Investors in Cotendo, founded in 2008, include venture- capital firms Sequoia Capital and Benchmark Capital, as well as Juniper Networks Inc. (JNPR), according to the startup’s website. Sunnyvale, California-based Cotendo has about 100 employees, half of them in Israel, where the company has a technology center, according to a statement today.

The purchase is Akamai’s second largest after the $2.19 billion acquisition of InterVU Inc. in 2000, according to data compiled by Bloomberg. Akamai has a market value of $5.68 billion and about 2,300 employees. It has declined 33 percent this year.

To contact the reporter on this story: Alex Sherman in New York at asherman6@bloomberg.net

To contact the editor responsible for this story: Peter Elstrom at pelstrom@bloomberg.net




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Yahoo May Sell Most of Its Alibaba Stake

By Tom Giles and Douglas MacMillan - Dec 23, 2011 5:05 AM GMT+0700

Yahoo! Inc. is considering cutting its 40 percent stake in Alibaba Group Holding Ltd. to about 15 percent, two people briefed on the matter said.

The Yahoo board was scheduled to meet today to consider the transaction, said the people, who asked to remain anonymous because the deliberations are private. The deal, which may let Alibaba repurchase the stake in a tax-free manner, values the Asian assets at about $14 a Yahoo share, or more than $17 billion, one of the people said. Yahoo also would sell all of its stake in Yahoo Japan Corp. (4689) in the deal, this person said.

Alibaba stepped up efforts to buy back the stake after the September ouster of Yahoo Chief Executive Officer Carol Bartz, who had opposed a sale. Yahoo, buffeted by user attrition and search-market share losses to Google Inc., is also considering proposals by private-equity firms seeking to buy minority stakes.

“Yahoo is probably more determined to find a solution to this,” said Paul Wuh, head of Internet research at Samsung Securities Co. (016360) in Hong Kong. “They obviously changed their CEO, which makes it a bit easier now.”

Yahoo acquired its stake in Alibaba, based in Hangzhou, eastern China, for about $1 billion in 2005. Alibaba Group is China’s biggest e-commerce company.

Tax-Free Structure

Dana Lengkeek, a spokeswoman for Sunnyvale, California- based Yahoo, and Alibaba spokesman John Spelich both declined to comment.

Yahoo shares were little changed at $16 at the close in New York. Yesterday, the stock gained 5.8 percent after the New York Times reported that the company is considering reducing its stake in Alibaba in a tax-free deal valued at about $17 billion. Alibaba’s publicly traded unit Alibaba.com Ltd. (1688) fell 0.5 percent to HK$7.76 in Hong Kong trading today.

The transaction has a complicated structure and may take several weeks to complete, a person with knowledge of the matter said. Alibaba and Softbank Corp. (9984), the co-owner of Yahoo Japan, are seeking to repurchase stakes held by Yahoo without triggering taxes associated with the gains on the investments.

To help do that, Alibaba and Softbank each would create a standalone entity, investing cash and operating assets in each, another person said. Yahoo would then exchange all of its stake in Yahoo Japan and most of its stake in Alibaba for those new entities, this person said. Yahoo would retain 15 percent of Alibaba, this person said.

‘Putting Pressure’

“Both Alibaba and Softbank are putting pressure on the company to find a solution,” said Samsung’s Wuh.

Fumihiro Ito, a spokesman for Tokyo-based Softbank, declined to comment.

Yahoo has also considered offers for a minority stake from bidders including TPG Capital and a group led by Silver Lake, people familiar with the matter have said. Silver Lake’s bid valued Yahoo at about $16.60 a share, these people said. TPG Capital’s offer was higher, they said.

Yahoo investors, including Di Zhou, a Santa Fe, New Mexico- based analyst at Thornburg Investment Management, have said they would prefer that the company be sold in its entirety, at a higher price.

In September, Temasek Holdings Pte, Silver Lake and DST Global were among investors that acquired closely held Alibaba Group shares in a transaction that valued the Chinese Internet company at $32 billion, people familiar with the deal said at the time.

Alibaba Group is considering a loan of about $4 billion from a group of banks including Credit Suisse Group AG, DBS Bank Ltd. (DBS) and Deutsche Bank AG, a person familiar with the matter said this month.

To contact the reporters on this story: Tom Giles in San Francisco at tgiles5@bloomberg.net; Douglas Macmillan in New York at dmacmillan3@bloomberg.net

To contact the editor responsible for this story: Tom Giles at tgiles5@bloomberg.net




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Eastman Kodak, Flextronics, Praxair: U.S. Equity Preview

By Nikolaj Gammeltoft - Dec 23, 2011 6:00 AM GMT+0700

Shares of the following companies may have unusual moves in U.S. trading tomorrow. Stock symbols are in parentheses and prices are as of 5:30 p.m. New York time.

Standard & Poor’s 500 Index futures expiring in March rose 0.2 percent to 1,251.60.

Christopher & Banks Corp. (CBK) : The Plymouth, Minnesota-based women’s clothing retailer reported a third- quarter loss of 45 cents a share excluding some items, beating the average of two analyst estimates in a Bloomberg survey of a loss of 50 cents a share.

Eastman Kodak Co. (EK) : The unprofitable 131-year-old imaging company said its board elected Laura Quatela as a second president beginning next year to serve alongside Philip Faraci.

Flextronics International Ltd. (FLEX) : The supplier of cameras and battery chargers for Apple Inc. (AAPL US) said it its board authorized a plan to buy back an additional $200 million of its outstanding shares. The company has repurchased about $182 million under a previous $200 million program announced on July 21.

Praxair Inc. (PX) : The producer of industrial gases acquired Houston-based Texas Welders Supply Co. for an undisclosed amount.

To contact the reporter on this story: Nikolaj Gammeltoft in New York at ngammeltoft@bloomberg.net

To contact the editor responsible for this story: Nick Baker at nbaker7@bloomberg.net.



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U.S. Clearing Deutsche Boerse-NYSE Takeover Moves Final Approval to Europe

By Nandini Sukumar, Nina Mehta and Sara Forden - Dec 23, 2011 3:36 AM GMT+0700

NYSE Euronext’s (NYX) acquisition by Deutsche Boerse AG was cleared by the U.S. Department of Justice, putting the transaction in the hands of European antitrust authorities who have resisted approval.

U.S. regulators, who in May blocked Nasdaq OMX Group Inc. (NDAQ) from pursuing a hostile bid for the New York Stock Exchange owner, agreed today to allow the purchase by Frankfurt-based Deutsche Boerse as long as the company sells its 31.5 percent stake in another U.S. equity market, Direct Edge Holdings LLC.

Scrutiny of the proposed acquisition has been greater in Europe where the merger would unite the region’s two biggest derivatives exchanges, NYSE’s Liffe and Deutsche Boerse’s Eurex. In the U.S., trading in interest-rate, agricultural and commodity futures is dominated by one company, CME Group Inc., after it merged with the Chicago Board of Trade in 2007 and the New York Mercantile Exchange in 2008.

“It wasn’t the main stumbling block for the NYSE-Deutsche Boerse deal,” Justin Schack, managing director for market structure analysis at New York-based Rosenblatt Securities Inc., said in a phone interview. “I don’t think anyone expected the DOJ to reject this deal. The decision that matters will come from the EU competition commission.”

Declining Value

Deutsche Boerse agreed to acquire NYSE Euronext on Feb. 15, creating the world’s biggest stock exchange operator, for stock worth $9.53 billion. The value of the acquisition has fallen to less than $7 billion as stocks around the world tumbled. Germany’s DAX Index is down 20 percent since the merger discussions were first reported Feb. 9.

The takeover would put more than 90 percent of the European exchange-traded derivatives market and about 30 percent of the region’s stock trading in the hands of one company. Deutsche Boerse’s Eurex is the region’s biggest derivatives exchange, while Liffe is the second-largest. Deutsche Boerse is acquiring the half of Eurex it doesn’t already own. Eurex is owner of New York-based International Securities Exchange, which has a 31.5 percent stake in Direct Edge. Brokers own the rest.

NYSE Euronext and Deutsche Boerse have struggled to convince regulators their combination won’t stifle competition. European Union regulators told NYSE Euronext and Deutsche Boerse yesterday that concessions they offered to allay antitrust concerns in their merger don’t go far enough, two people familiar with the discussions said.

Proposed Remedies

In Europe, the companies have offered capping fees on derivatives trading and clearing for three years, selling NYSE’s Liffe single-stock derivatives business, and the licensing of the Eurex trading system to a third party, said the people, who declined to be named because the talks are private. Regulators haven’t drafted a decision yet, they said.

“The markets that the DOJ is examining in its own jurisdiction, namely in the area of U.S. equities, are different to those where the commission has raised concerns, namely European financial derivatives,” Ryan Heath, a spokesman for the European Commission in Brussels, said today. “We have had regular and constructive dialogue with the DOJ throughout our respective procedures.”

The sale of the stake in Jersey City, New Jersey-based Direct Edge, the fourth-largest stock exchange operator in the U.S., and related restrictions will resolve the U.S. government’s concerns about the merger’s effects on the products and services of equities exchanges, the Justice Department said today in a statement.

Direct Edge

“Without the divestiture and other restrictions obtained by the Justice Department, a combined NYSE and Deutsche Boerse entity could influence the actions of Direct Edge, and thereby lessen the zeal of an aggressive and innovative exchange competitor,” said Sharis A. Pozen, acting assistant attorney general in charge of the department’s antitrust division.

The merging companies are also barred from suggesting or naming any board members of Direct Edge or having any executives work for Direct Edge or any related companies, according to the statement. The companies can’t be involved with private Direct Edge meetings, the department said.

NYSE Euronext and Direct Edge together accounted for almost 37 percent of U.S. equities trading last month, based on data compiled by Barclays Plc and Direct Edge. Total U.S. options volume for NYSE’s two equity derivatives markets and the International Securities Exchange was 43.4 percent, according to data compiled by Chicago-based OCC, which clears the contracts.

‘I’m Surprised’

“I’m surprised there’s a regulatory requirement for a sale given the market shares involved,” Jamie Selway, head of liquidity management at New York-based Investment Technology Group Inc., said in a phone interview. “They said the equities market share was of sufficient size to require divestiture when they didn’t similarly conclude that for options.”

Before deciding whether to approve or block a deal, the European Commission must consult competition agencies from the European Union’s 27 nations. Commissioners from each EU country must also vote on a decision. Companies can then appeal a merger ban at the EU courts.

The European Commission closes for holidays on Dec. 23 and returns on Jan. 2.

Antitrust negotiators in Brussels told Deutsche Boerse and NYSE at a meeting on Dec. 6 that their Nov. 17 offer to divest some European single-equity derivatives units didn’t persuade customers and rivals that the merger would preserve competition, according to people familiar with the discussions.

That meeting followed two days of talks with regulators in October where the exchanges also failed to alleviate antitrust concerns. Regulators have told the companies that their merger would monopolize derivatives trading in the region.

To contact the reporters on this story: Nandini Sukumar in London at nsukumar@bloomberg.net; Nina Mehta in New York at nmehta24@bloomberg.net; Sara Forden in Washington at sforden@bloomberg.net

To contact the editors responsible for this story: Nick Baker at nbaker7@bloomberg.net; Michael Hytha at mhytha@bloomberg.net





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DeMark Says S&P 500 Climbing to Oct. 27 Peak Is ‘Critical’

By Ksenia Galouchko and Adam Johnson - Dec 23, 2011 5:29 AM GMT+0700

The Standard & Poor’s 500 Index (SPX) is likely to extend gains should it advance 2.4 percent to its Oct. 27 closing level and then close higher on three or four straight days, according to Tom DeMark, the creator of indicators to show turning points in securities.

The benchmark gauge for U.S. equities closed at 1,284.59 on Oct. 27 and advanced 0.8 percent to 1,254 today. DeMark of Market Studies predicted on Dec. 5 that the S&P 500 would advance to between 1,330 and 1,345 this month before the rally reverses. The latest forecast will expire by the end of the first week of January if it doesn’t come true, Market Studies’s Roderick E. Bentley said in an e-mail.

The Oct. 27 close is “very critical,” DeMark, the founder of Market Studies, said today in an interview on Bloomberg Television’s “Street Smart” with Lisa Murphy and Adam Johnson. “The market still looks like it will go higher.”

The S&P 500 rallied a third straight day today as better- than-estimated jobless claims, consumer confidence and leading indicators bolstered optimism in the world’s largest economy. The index for American equities has advanced 4 percent during the streak.

The S&P 500’s advance from its 2011 low on Oct. 3 faltered after the gauge closed above the 200-day threshold on Oct. 27, Oct 28 and Nov. 8. The index also traded above the level on an intraday basis for three days starting Dec. 5, only to retreat amid concern that European leaders may not be able to contain the region’s credit crisis.

DeMark’s prediction in September that the S&P 500’s decline would stop at 1,076 proved prescient when the index bottomed at 1,074.77 on Oct. 4.

‘Upside Direction’

“Usually, when a market makes a top like it did back in the first week of December, it does correct 5-6 percent and rallies again,” DeMark said today. “Typically, that peak is taken out. Our models are still telling us that the upside direction is to follow the market.”

DeMark, who has spent more than 40 years developing indicators with names like “sequential” and “countdown,” said on Oct. 25 that a rally by the S&P 500 above 1,254 would “trap” bulls. The index peaked three days later, then dropped 9.8 percent through Nov. 25.

The three-day rally in the S&P 500 has trimmed this year’s decline to 0.3 percent. The index is still down 8 percent from this year’s high in April, joining a global rout in equities, as concern about Europe’s debt crisis overshadowed better-than- estimated American economic data.

“The model we use has not spoken unfortunately, but it is still directing us to the upside,” DeMark said today.

DeMark, an adviser to Steven A. Cohen’s SAC Capital Advisors LP, provided consulting to hedge funds including George Soros’s Soros Fund Management LLC and Leon Cooperman’s Omega Advisors Inc. Advisors Inc.

To contact the reporters on this story: Ksenia Galouchko in New York at kgalouchko1@bloomberg.net; Adam Johnson in New York at ajohnson65@bloomberg.net

To contact the editor responsible for this story: Nick Baker at nbaker7@bloomberg.net





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Asia Stocks Rise on U.S. Optimism

By Jonathan Burgos - Dec 23, 2011 7:49 AM GMT+0700

Asian stocks (MXAP) rose, with a regional index heading for its first gain in three weeks, as a drop in U.S. jobless claims and an increase in consumer confidence added to signs the world’s biggest economy is weathering Europe’s debt crisis.

Samsung Electronics Co., South Korea’s biggest exporter of consumer electronics, advanced 1.7 percent in Seoul. James Hardie Industries SE (JHX), a supplier of building materials the counts the U.S. as its largest market, climbed 3.1 percent in Sydney. Gloucester Coal Ltd. surged 25 percent after Yanzhou Coal Mining Co. offered to buy the Sydney-based company for A$700 million ($709 million) and merge it with Yanzhou’s Australian unit.

The MSCI Asia Pacific Excluding Japan Index (MXAPJ) gained 0.4 percent to 394.26 as 8:47 a.m. in Hong Kong, heading for a 1.4 percent advance this week. About five shares gained for each that fell in the gauge. Japanese markets are closed today for a holiday.

The regional gauge had fallen in the past two weeks as signs of slowing growth in China and concern that Europe’s debt crisis is worsening overshadowed improving U.S. data. Greece’s creditors are resisting pressure from the International Monetary Fund to accept bigger losses on holdings of the indebted nation’s government bonds, three people with direct knowledge of the discussions said.

To contact the reporter on this story: Jonathan Burgos in Singapore at jburgos4@bloomberg.net

To contact the editor responsible for this story: Nick Gentle at ngentle2@bloomberg.net




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U.S. OKs Nuclear Reactor Design to Allow Licenses

By Jim Polson and Eric Martin - Dec 23, 2011 1:00 AM GMT+0700

The U.S. Nuclear Regulatory Commission approved Toshiba Corp. (6502)’s AP1000 reactor design, clearing the way for the agency to issue its first new reactor construction license in more than 30 years.

The five-member agency voted unanimously in favor of certifying the design, Scott Burnell, a commission spokesman, said in an e-mail today. Southern Co. (SO) and Scana Corp. (SCG) are seeking permission to use the reactor design to expand nuclear power output at existing sites in Georgia and South Carolina.

No dates were set for decisions on issuing construction and operating licenses for Southern and Scana, Burnell said in an interview. The agency hasn’t given permission to build a new U.S. reactor since the partial meltdown at Three Mile Island in Pennsylvania in 1979.

Southern expects its license “any time now,” Steve Higginbottom, a spokesman for the Atlanta-based company, said after the vote. It has estimated the project’s total cost at $14 billion. Licenses will create 3,000 jobs at each site, Westinghouse Electric, a unit of Tokyo-based Toshiba, said today in a statement.

Scana anticipates licensing of its two planned reactors later this year or early in 2012, the Cayce, South Carolina- based company said today in an e-mailed statement. It estimated the cost at $9.1 billion in February 2011. The first new reactor is scheduled to begin operation around the beginning of 2016, according to the company website.

‘Holiday Gift’

“Today, the NRC has presented its holiday gift to the nuclear industry,” said Representative Edward Markey, a Massachusetts Democrat, who had urged the commission to reject the acceleration of construction.

Receipt of a license within 60 days will enable Scana to maintain its current work schedule to add new reactors at its V.C. Summer site, Alan Torres, general manager for nuclear plant construction at Cayce, South Carolina-based Scana, said in a Dec. 20 telephone interview.

The schedule for the Westinghouse certification was “fairly well maintained,” Russell Bell, director of new plant licensing for the Nuclear Energy Institute, a U.S. trade group, said today in an interview. The commission has studied potential rule revisions following the March nuclear-plant meltdowns in Fukushima, Japan.

“The commission made the determination that this design in particular addressed a number of those issues that arose in Japan and new requirements that we learned from Fukushima can be imposed later,” he said.

To contact the reporters on this story: Jim Polson in New York at jpolson@bloomberg.net; Eric Martin in Washington at emartin21@bloomberg.net

To contact the editors responsible for this story: Tina Davis at tinadavis@bloomberg.net; Steve Geimann at sgeimann@bloomberg.net




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Stocks in U.S., Europe Rise as Treasuries Gain

By Nick Baker and Rita Nazareth - Dec 23, 2011 4:11 AM GMT+0700

U.S. stocks (SENSEX) rose, extending the Standard & Poor’s 500 Index’s third weekly gain in December, as European equities rallied after American jobless claims and consumer confidence were better than expected. The dollar fluctuated against the euro and 10-year Treasuries advanced.

The S&P 500 (SPXL1) added 0.8 percent to 1,254 at 4 p.m. New York time as the Dow Jones Industrial Average rallied 61.91 points, or 0.5 percent, to 12,169.65. The Stoxx Europe 600 Index advanced 1.1 percent. The euro climbed less than 0.1 percent to $1.3049 after rising 0.6 percent. Yields on 10-year Treasuries dropped one basis point to 1.95 percent. Oil futures rose 0.9 percent, a fourth straight increase.

Equities juumped after the number of Americans applying for unemployment benefits decreased to 364,000, the fewest since April 2008, while the Thomson Reuters/University of Michigan index of consumer sentiment topped the median economist forecast and climbed to a six-month high. The dollar and Treasuries rose after U.S. gross domestic product expanded at a 1.8 percent rate in the third quarter, slower than the 2 percent median growth projection in a Bloomberg survey.

“We’re definitely muddling through in the U.S.,” Michael Mullaney, who helps manage $9.5 billion at Fiduciary Trust in Boston, said in a telephone interview. “It may not be a bullish case, but the jobs situation is less grim than it was. You still have to be wary that a significant recession in Europe could pull the rest of the world into a global recession, including the U.S.”

Weekly Gain

The S&P 500 has rallied 2.8 percent this week after reports showed U.S. housing starts topped economists’ projections and German business confidence unexpectedly grew. The gauge has trimmed this year’s decline to 0.2 percent. It is still down 8 percent from this year’s high in April, joining a global rout in equities, as concern about Europe’s debt crisis overshadowed better-than-estimated American economic data.

Financial (S5FINL) shares rose the most in the S&P 500 among 10 industries today as Morgan Stanley, Citigroup Inc. and Bank of America Corp. jumped more than 4.5 percent. General Electric Co. and Sears Holdings Corp. added at least 2 percent, pacing gains among companies most-tied to economic growth. Akamai Technologies Inc. (AKAM) surged 19 percent after agreeing to buy Cotendo to expand Internet-based and mobile services.

Treasury Yields

Treasury 30-year bonds rose for the first time in three days after yields had the biggest back-to-back daily gains since October. Bonds remained higher after data showed the U.S. economy grew less in the third quarter than previously estimated. The Federal Reserve made its final 2011 purchase of Treasuries in an eight-month program to lower borrowing costs.

Yields on the 30-year bonds fell two basis points, or 0.02 percentage point, to 2.99 percent.

The yen fell against most of its major peers as stock markets climbed amid reduced demand for haven assets and signs U.S. employment is strengthening.

Crude oil rose to $99.53, after climbing above $100 a barrel for the first time in a week. Gold fell 0.2 percent to $1,610.60 an ounce on the Comex in New York.

Hungary (BUX)’s benchmark BUX Index of stocks slid 0.8 percent. S&P downgraded the country to BB+ from BBB- yesterday, removing its investment-grade ranking. The International Monetary Fund and the European Union suspended talks over an aid package to Hungary last week on concern that the government’s plans for a central bank law may curb monetary-policy independence.

The BSE India Sensitive Index of stocks rose 0.8 percent, rebounding from a decline. South Korea’s won depreciated versus all 16 of its most-traded peers monitored by Bloomberg.

To contact the reporters on this story: Nick Baker in New York at nbaker7@bloomberg.net; Rita Nazareth in Sao Paulo at rnazareth@bloomberg.net

To contact the editor responsible for this story: Nick Baker at nbaker7@bloomberg.net




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U.S. Reins In $1 Billion Trucker Driving Rules Following Industry Backlash

By Jeff Plungis - Dec 23, 2011 4:59 AM GMT+0700

President Barack Obama’s administration maintained an 11-hour limit on truck drivers’ hours today, scaling back a proposal to give them more rest.

The U.S. Transportation Department’s proposed rule to reduce the daily driving limit to 10 hours was one of seven regulations the Obama administration said would cost companies at least $1 billion. Trucking companies opposed it, saying the shorter hours would force them to rework routes and hire more drivers.

Consumer groups were “keenly” aware of the industry’s lobbying in the year since the Obama administration proposed the 10-hour day, said Henry Jasny, vice president of Washington- based Advocates for Highway and Auto Safety.

“This is a breach of promise of making safety the No. 1 goal of the agency and the Transportation Department,” Jasny said in a telephone interview today. “It’s more than disappointing.”

House Speaker John Boehner, an Ohio Republican, and Majority Leader Eric Cantor, a Virginia Republican, had said the industry already had reduced driver fatalities and couldn’t afford additional personnel.

Advocates for Highway and Auto Safety will continue to pursue a 10-hour rule, and may take the issue to court, Jasny said. The debate over the revision of driving-time regulations that originated in the 1930s dates back to the creation of the FMCSA in 1999.

Costs, Benefits

The final regulation, which takes effect July 1, 2013, has annual costs of about $470 million and benefits of around $630 million, the Transportation Department said in a statement today.

The Federal Motor Carrier Safety Administration failed to “definitively demonstrate” that the proposed 10-hour limit would carry “higher net benefits” than the current 11 hours, according to the rule.

The White House’s Office of Management and Budget met with industry groups at least four times in October and November, according to the agency’s website.

The American Trucking Associations and the International Foodservice Distributors Association came in October. The Food Marketing Institute, the American Bakers Association, the Snack Food Association and McKee Foods Corp. met with OMB in November. The White House met with safety groups and the International Brotherhood of Teamsters once in October. A Nov. 28 meeting on the hours-of-service rules doesn’t list participants.

Less Severe

While the regulation retained other changes opposed by the industry, it also made some less severe than initially proposed. For example, drivers must get at least two weekly rest periods spanning 1 a.m. to 5 a.m., the Transportation Department, which oversees the FMCSA, said. The proposal was for two rest periods of 12 a.m. to 6 a.m.

The inclusion of that new requirement was the biggest objection for industry groups.

The scientific research on the need for two consecutive overnight rest periods isn’t conclusive, said Bill Graves, chief executive officer of the American Trucking Associations. The change is going to ensure that trucks flood onto the roads during morning rush hours, he said, adding that the trucking industry will consider a court challenge.

‘Weaker Legs’

“It was one of the weaker legs they had to stand on,” Graves said. “We’re still wrestling with why we spent such extensive resources of this federal agency on this issue while not pursuing issues we know will have a much more significant impact.”

A mandatory 30-minute rest break came after seven consecutive hours of driving in the proposed rule. The final version pushed that back to eight hours.

The rule reduces a driver’s maximum possible work week by 12 hours to 70 hours, the Transportation Department said.

The changes will cause shipping costs to increase for companies like Target Corp. (TGT) and Best Buy Co., said Kelly Kolb, vice president for government relations at the Retail Industry Leaders Association, an Arlington, Virginia-based trade group.

“Supply chain optimization is the bread and butter of America’s most successful retailers,” Kolb said in an e-mailed statement. “The new hours-of-service rule will upend the advances in efficiency made over the past decade.”

Violations, Fines

Companies and drivers committing “egregious violations” of fatigue rules will face penalties, the Transportation Department said. Companies that allow drivers to exceed the 11- hour driving limit by 3 or more hours could be fined $11,000 per offense. Drivers face penalties of $2,750 for each offense.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” Transportation Secretary Ray LaHood said in an e-mailed statement.

Regulators weighed industry costs against billions of dollars in health-care savings and reduced accidents in a profession that has more on-the-job deaths than any other in the U.S.

There were 3,675 truck-related fatalities in 2010, up 8.7 percent from 3,380 in 2009, according to preliminary data from the National Highway Traffic Safety Administration. As recently as 2006, there were 5,027 fatalities.

Life Expectancy

The average life expectancy of a truck driver is 61, or 16 years less than the U.S. average, LaHood wrote in a September 2010 blog posting, citing Centers for Disease Control data. Trucking is the most dangerous profession in on-the-job fatalities, and the eighth-most dangerous in deaths per worker, according to the Bureau of Labor Statistics.

A related $2 billion safety requirement to add electronic data recorders to monitor truckers’ hours that is opposed by independent drivers is still under consideration. That regulation isn’t opposed by the biggest trucking companies, which already have bought the equipment.

Safety groups said they were disappointed that the Obama administration didn’t take the driving-time limits down to 10 hours.

“I don’t know what it is going to take for the government to get real about protecting us on our roads,” Daphne Izer, a co-founder of Parents Against Tired Truckers whose son Jeff and three other teenagers were killed in a 1993 crash, said in an e- mailed statement.

To contact the reporter on this story: Jeff Plungis in Washington at jplungis@bloomberg.net

To contact the editor responsible for this story: Bernard Kohn at bkohn2@bloomberg.net




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U.S. Jobless Claims Dip, Consumer Views Gain

By Timothy R. Homan and Bob Willis - Dec 23, 2011 5:32 AM GMT+0700

Dec. 21 (Bloomberg) -- House Speaker John Boehner, Majority Leader Eric Cantor and other House Republicans talk with reporters about the outlook for negotiations over extending a payroll-tax cut due to expire in January. (Source: Bloomberg)

Dec. 22 (Bloomberg) -- Kathleen Bostjancic, director of macro analysis at the Conference Board, talks about the outlook for U.S. personal income and savings. Bostjancic speaks with Tom Keene on Bloomberg Television's "Surveillance Midday." (Source: Bloomberg)

Customers shop for electronics items at a Best Buy store on Nov. 25, 2011 San Diego. Photographer: Sandy Huffaker/Getty Images


Fewer Americans than forecast sought jobless benefits and consumer confidence climbed, giving the world’s largest economy a boost heading into 2012.

Unemployment claims fell by 4,000 to 364,000 in the week ended Dec. 17, the lowest level since April 2008, Labor Department figures showed today in Washington. The Bloomberg Consumer Comfort Index improved to minus 45 in the period ended Dec. 18 from a reading of minus 49.9 the prior week, marking the biggest seven-day gain since January.

A decline in firings and the cheapest gasoline prices since February are helping revive retail sales during the busiest shopping season of the year. A stronger consumer, whose spending accounts for 70 percent of the economy, raises the odds the U.S. can ride out the debt crisis in Europe or failure by Congress to extend tax cuts.

“Spending has looked pretty good so far, and continued job and income growth will help maintain that,” said Samuel Coffin, an economist at UBS Securities LLC in New York, who projected claims would fall to 365,000. “At some point, events in Europe are likely to have some effect on activity, but we’re heading into that headwind with a lot of momentum.”

Stocks rose on the improving jobs outlook, sending the Standard & Poor’s 500 Index higher for a third day. The gauge increased 0.8 percent to 1,254 at the close in New York. Treasury securities also advanced, sending the yield on the benchmark 10-year note down to 1.96 percent from 1.97 late yesterday.

Survey Results

The median forecast of 45 economists surveyed by Bloomberg News projected an increase in jobless claims to 380,000. Estimates ranged from 355,000 to 400,000. The number of applications has dropped by 40,000 over the past three weeks.

“This is great news,” Ian Shepherdson, chief U.S. economist at High Frequency Economics Ltd. in Valhalla, New York, said in a note to clients. “One unexpectedly low number can easily be a fluke. Two are interesting. Three are telling us something real is happening in the labor market.”

The decrease in claims is consistent with payroll gains of about 200,000 a month, Shepherdson said.

The number of people continuing to receive jobless benefits fell by 79,000 in the week ended Dec. 10 to 3.55 million, the lowest since September 2008.

In data out of Europe, economic growth in the U.K. accelerated more than previously estimated in the third quarter in a surge that the Bank of England says is unlikely to be repeated as Europe’s debt crisis curbs bank lending and dents confidence. Gross domestic product rose 0.6 percent from the previous quarter, faster than the 0.5 percent reported last month, the Office for National Statistics said today in London.

Confidence Boost

The drop in firings in the U.S. may be helping boost confidence. The Bloomberg comfort index rose last week to the highest level in five months as all three components -- state of the economy, buying climate and personal finances -- improved.

A monthly expectations gauge climbed to minus 17 for December, a seven-month high.

Sentiment among Democrats advanced 12.1 points to minus 39.2, the highest since mid-June, while sentiment among Republicans rose 2.1 points to minus 43.1.

The improvement in President Barack Obama’s approval rating to 49 percent in an ABC News/Washington Post poll this week may be behind the increase in optimism, Gary Langer, president of Langer Research Associates LLC in New York, which compiles the index for Bloomberg, said in a statement.

“A slower pace of firing and stabilization in the broader labor market are the likely sources for bolstered consumer sentiment,” said Joseph Brusuelas, a senior economist at Bloomberg LP in New York. “While challenges remain, it’s a solid note to close what has been an otherwise discordant 2011.”

The figures are consistent with other findings. The Thomson Reuters/University of Michigan final index of consumer sentiment climbed to 69.9 in December, a six-month high, from 64.1 at the end of November, the group said today.

Cheaper Gasoline

Lower fuel costs are probably also helping lift confidence. The price of regular unleaded gasoline at the pump decreased to $3.21 a gallon Dec. 20, its lowest since February, according to AAA, the biggest U.S. auto group.

Pier 1 Imports Inc. (PIR) is among retailers seeing a pickup in sales at the start of the holiday shopping season without resorting to bigger price cuts.

“Sales are robust, merchandise margins are strong, operating margins are growing,” Alexander Smith, president and chief executive officer at Pier 1, said on a Dec. 15 conference call. Sales during the Thanksgiving weekend “increased 10 percent from last year and were achieved with modest levels of discount.”

FedEx Corp. (FDX) posted quarterly profit that beat analysts’ estimates, helped by stronger demand for home delivery.

More Shipments

“Consumer confidence remains at very low levels, but we have seen improvement recently,” Mike Glenn, executive vice president for market development at Memphis, Tennessee-based FedEx, said on a Dec. 15 earnings call. For 2012, “we expect U.S. GDP to grow 2.2 percent.”

The economy grew less than previously estimated in the third quarter, reflecting a smaller gain in consumer spending, revised figures from the Commerce Department showed today. Gross domestic product climbed at a 1.8 percent annual rate from July through September, down from the 2 percent estimated last month.

The index of leading economic indicators signals the economy will strengthen.

The New York-based Conference Board’s gauge of the outlook for the next three to six months rose 0.5 percent after a 0.9 percent October increase, the research group said today.

Cuts in government spending and failure by Congress to extend tax reductions represent clouds on the horizon. The U.S. House of Representatives rejected this week carrying over into 2012 an expiring 2 percentage-point payroll tax cut and benefits for the long-term unemployed. Should those measures not be prolonged, GDP growth next year will be cut by about 0.6 percentage point, economists at IHS Global Insight estimate.

To contact the reporters on this story: Timothy R. Homan in Washington at thoman1@bloomberg.net; Bob Willis in Washington at bwillis@bloomberg.net

To contact the editor responsible for this story: Christopher Wellisz at cwellisz@bloomberg.net




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