Evelyn Reynolds

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    Those Doritos Too Expensive? More Stores Offer Their Own Alternatives.

    Retailers are expanding their own private-label food and beverage offerings, attracting customers looking for less expensive options.The snack chips had become pretty pricey.For years, customers stopping at Casey’s General Stores, a convenience store chain in the Midwest, hadn’t thought twice about snagging a soda and a bag of Lay’s or Doritos chips. But over the past year, as the price of a bag of chips soared and some customers felt squeezed by the high cost of gas and other expenses, they began picking up Casey’s less-expensive store brand.So Casey’s began stocking more of its own chips, in a variety of new flavors. This summer, Casey’s brand made up a quarter of all bags of chips sold, eating into the sales of big brands like Frito-Lay, which is owned by PepsiCo.“As inflation continues to ratchet up, more people are open to trying alternatives,” said Darren Rebelez, the chief executive of Casey’s, which has 350 private-label products and plans to add 45 this year. “If you put the alternative right on the shelf, right next to the expensive option, people may say, ‘What the heck,’ and give it a try.”Large food companies gobbled up market share during the pandemic. With supply chain issues affecting what was on the shelves, people were buying basically whatever they could find. And they kept buying even as prices soared when the food and beverage brands raised prices to maintain their profit levels while still covering rising ingredient and labor costs.But with retailers now expanding their store-owned food and beverage offerings, consumers are slowly shifting their spending. Overall, private-label foods and beverages have crept up to a 20.6 percent share of grocery dollars from 18.7 percent before the pandemic, according to the market research firm Circana.In some categories like canned vegetables and cheese, private-label goods have garnered a significant portion of the market.Andres Kudacki for The New York TimesBut a deeper look at some categories reveals private-label goods are gaining significant ground on national brands. Private labels snagged 38 percent of canned vegetable sales in the three months that ended June 30, according to Numerator, another market research firm. Numerator’s data also shows private-label cheese held 45 percent of the market and coffee nearly 15 percent.The shift in spending reflects a customer base that is nearing or at its tipping point. Inflation, which climbed to 3.7 percent in September, is running at a less-rapid pace than a year ago, but millions of shoppers still face increasingly high prices in grocery stores.The trend is having a greater effect among those with lower incomes, who spend a greater share of their paycheck on food, even as a pandemic-era policy that increased the amount of money that food-stamp recipients received over the last three years has ended. This month, payments on federal student loans, which had been on pause for the pandemic, also resumed. Adding to the financial burden, rates on credit cards and mortgages are rising.Two-thirds of consumers said in July that they bought less-expensive groceries at retailers, an increase of four percentage points from a year earlier, according to the consulting firm McKinsey. The shift, the firm said, was particularly pronounced among those with incomes less than $100,000 in categories such as meat, dairy and staples.“Consumers are trading down,” said Rupesh D. Parikh, an equity analyst at Oppenheimer & Company who covers food, grocery and consumer products. He recently bought a box of Kellogg’s Mini Wheats cereal at Walmart along with the Walmart version. “The Kellogg’s cereal was 75 percent more expensive, and I couldn’t tell the difference between them,” he said.Big brands, in response, are already starting to offer small sale prices on certain foods, like salty snacks. “The question is how deep they are willing to go in promotions,” Mr. Parikh said.The expansion in private-label goods is also a response to a changing grocery landscape. Competition is revving up because of consolidation, led by Kroger’s proposed $24.6 billion merger with Albertsons, and the push into the United States by entrants like the German discount chain Aldi, which stocks 90 percent of its shelves with private-label goods. In August, Aldi agreed to acquire 400 Winn Dixie and Harveys Supermarket stores, giving it a significant presence in the Southeast.Retailers say they need the private-label goods to give consumers a broader array of choices. The store brands are also typically more profitable for the retailers than products from big food companies.But perhaps the biggest factor is a seismic shift in consumer attitudes. Older generations that grew up with “generic” ketchup or soup recall them as bland, tasteless versions of the name brands. Retailers, which have dumped the term “generic,” insist that the quality of the private-label foods and beverages has improved substantially. Social media platforms like TikTok and Reddit are filled with young people hyping their favorite store brand foods at Aldi and Trader Joe’s.“If the food is not good quality, our reputation is at risk,” said Scott Patton, the vice president of national buying for Aldi, who said the chain was seeing increased traffic in all income levels. “If you’re going to sell a store-branded apple cinnamon ice cream, it had better be the best apple cinnamon ice cream you’ve ever had.”Retailers are offering customers “belly fillers,” basic foods at low prices that are virtual clones of national brands, but they are also hunting for ways to differentiate themselves, said Jordan Bouey, the owner of Silver State Baking, a Las Vegas-based manufacturer that makes cookies, bars and breads for grocery chains and retailers.“If there’s a category that doesn’t have a big national brand, retailers are looking to be unique and give the shoppers what they’re looking for, like a protein cookie,” Mr. Bouey said.The private-label pasta carried by Wegmans includes more high-end varieties aimed at “the food enthusiast,” an executive said.Andres Kudacki for The New York TimesAt a Wegmans in Hanover, N.J., the dried pasta aisle was stocked with fettuccine, shells and spaghetti from well-known brands like Barilla and De Cecco. But the vast majority of the pasta on the shelves was Wegmans’ own brand, one line priced at 99 cents a box and another, Amore, that is imported from Italy and $4.99 a box, about $2 more than some of the national brands.“We want our brand to serve the value customer who is on a budget,” said Nicole Wegman, who was named president of Wegmans Brand in 2021. Wegmans has expanded its private-label business in recent years to more than 17,000 products, including deli and prepared meals, frozen vegetables and healthy snacks.“But we also want products, like our cheese and our breads, that are fun for the food enthusiast,” Ms. Wegman said. “They’re specialty items and more expensive to make, so we have to charge more for them.”Indeed, executives at Casey’s, which started dabbling in private-label goods three years ago, said they were trying not to compete with the national brands but rather expand what’s available for customers. In some cases, that means offering flavors the national brands do not.Sales of limited-edition Casey’s chips in flavors like sweet corn, barbecue brisket and jalapeño Cheddar sold well this summer. “Those are the kind of products that a Frito-Lay is not going to make because it is not a national flavor profile that is going to work for their business,” Mr. Rebelez said.But he also acknowledged that some Casey’s customers were simply looking for deals.Take candy bars. For years, retailers would not compete against behemoths like Hershey and Mars because customers remained loyal to the brands they had grown up eating. But as the price of candy bars rose in recent years, some customers stopped buying.So Casey’s created four of its own lower-priced candy bars, including a chocolate with mint and a chocolate caramel.“I was skeptical going in, but those candy bars have performed really well,” Mr. Rebelez said, adding that Casey’s was working on more iterations. “There is a breaking point for consumers, and in certain products and categories we’ll provide an alternative.” More

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    Bill Ford Says U.A.W. Strike Is Helping Tesla and Toyota

    Mr. Ford, the executive chairman of Ford Motor, said nonunion automakers would make gains against Michigan automakers because of strikes by the United Automobile Workers union.The monthlong strike by the United Automobile Workers and the union’s demands for substantial pay and benefits increases risk damaging the U.S. auto industry, hurting its ability to compete against nonunion foreign rivals, the executive chairman of Ford Motor said on Monday.The fight should not be seen as the U.A.W. against Ford, or its crosstown rivals, General Motors and Stellantis, said William C. Ford Jr., the great-grandson of the company’s founder Henry Ford, noting that at times U.A.W. officials have referred to the automakers as the union’s “enemy.”“It should be Ford and the U.A.W. against Toyota, Honda, Tesla and all the Chinese companies that want to enter our home market,” Mr. Ford said at the company’s Rouge plant in Dearborn, Mich.“Toyota, Honda, Tesla and the others are loving the strike, because they know the longer it goes on, the better it is for them,” the executive chairman said. “They will win, and all of us will lose.”Mr. Ford’s remarks alluded to a period several decades ago when the U.A.W. won increasingly rich contracts that were later seen by many industry experts as having hobbled the three Michigan automakers in the face of competition from Japanese and European carmakers. Ford came to the brink of collapse, and G.M. and Chrysler — now part of Stellantis — had to seek bankruptcy protection after the 2008 financial crisis.“Ford’s ability to invest in the future isn’t just a talking point,” Mr. Ford said. “It is the absolute lifeblood of our company. And if we lose it, we will lose to the competition. Many jobs will be lost.”In a statement, the U.A.W. president, Shawn Fain, said Mr. Ford should “stop playing games” and meet the union’s demands, or “we’ll close the Rouge for him.” Mr. Fain added that the U.A.W. was not fighting the company but “corporate greed.”“If Ford wants to be the all-American auto company, they can pay all-American wages and benefits,” Mr. Fain said. “Workers at Tesla, Toyota, Honda and others are not the enemy — they’re the U.A.W. members of the future.”Ford, G.M. and Stellantis have been negotiating new labor contracts with the U.A.W. since July. Over the past month, the union has called on workers at a few plants to go on strike. The action has idled three Ford plants, two G.M. factories and one Stellantis plant. Workers at 38 G.M. and Stellantis spare-parts warehouses are also on strike.The strategy is intended to increase pressure on the companies to meet the union’s demands for significantly higher wages, shorter working hours and expanded pensions, and to end a system that pays new hires just over half of the top U.A.W. wage of $32 an hour.The companies have offered wage increases of more than 20 percent over the next four years and certain other measures in line with the union’s demands, but the U.A.W. is pressing for greater concessions.Last week, the union called for a strike by 8,700 workers at Ford’s Kentucky truck plant in Louisville, the company’s largest.Ford executives said last week that the company had made a record offer to the union and that sweetening the deal would hurt the automaker’s ability to invest in electric vehicles and other new models and technologies.Mr. Ford, who has had a role in every round of negotiations with the U.A.W. since 1982, said the talks had reached “a crossroads” and warned that labor contracts that burdened the automakers with heavy costs could affect the U.S. economy.“The price of failure should be clear to everyone,” he said. “Let’s come together and reach an agreement, so we can take the fight to the real competition.” More

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    U.S. can ‘certainly’ afford military support to both Israel and Ukraine, Janet Yellen says

    President Joe Biden in a post on X (formerly Twitter) on Sunday reiterated Washington’s “unwavering support” for Israel in its war against Palestinian militant group Hamas.
    Secretary of State Antony Blinken made an unscheduled return to Israel on Monday, the 10th day of an Israeli aerial bombardment campaign of the Gaza Strip.
    Israel’s siege, which has been widely criticized by human rights organizations, came as a response to a brutal and large-scale terrorist attack carried about by Hamas on Oct. 7.

    Janet Yellen, United States Secretary of Treasury, participates in global infrastructure and investment forum in New York, Thursday, Sept. 21, 2023. 
    Pool | Via Reuters

    U.S. Treasury Secretary Janet Yellen said the country can “absolutely” afford to financially support both Israel and Ukraine in their respective war efforts.
    President Joe Biden in a post on X (formerly Twitter) on Sunday reiterated Washington’s “unwavering support” for Israel in its war against Palestinian militant group Hamas, and said he had provided Israeli Prime Minister Benjamin Netanyahu with an update on both U.S. military support and efforts to protect civilians as the conflict escalates.

    Though the White House has so far fully endorsed what it terms “Israel’s right to defend itself,” Biden noted in an interview with CBS’ “60 Minutes” that an Israeli re-occupation of Gaza would be a “big mistake” and that although Hamas should be eliminated entirely, there “must be a path to a Palestinian state.”
    Secretary of State Antony Blinken made an unscheduled return to Israel on Monday, the 10th day of an Israeli aerial bombardment campaign of the Gaza Strip as part of an all-out siege that has seen water, food and electricity cut off to around 2 million people.
    Asked in an interview with Britain’s Sky News on Monday whether the U.S. could afford to be providing military support to Israel and to Ukraine in its ongoing war with Russia, Yellen said “the answer is absolutely.”
    “America can certainly afford to stand with Israel and to support Israel’s military needs and we also can and must support Ukraine in its struggle against Russia,” Yellen said, adding that the U.S. economy is doing “extremely well.”
    “Inflation has been high and it’s been a concern to households, it’s come down considerably. At the same time, we have about the strongest labor market we’ve seen in 50 years with 3.8% unemployment. And at the same time, America, the Biden administration, has passed legislation that is strengthening our economy in years to come for the medium-term.”

    Yellen said the need to release funds for both allies was a “priority” and called for Republicans in the House of Representatives to seat a speaker so that legislation can be passed, following the ousting of former speaker Kevin McCarthy.
    “We stand with Israel. America has also made clear to Israel, we’re working very closely with the Israelis, that they have a right to defend themselves,” Yellen told Sky News’ Wilfred Frost.
    “But it’s important to try to spare innocent civilian lives to the maximum extent possible.”
    Israel’s siege, which has been widely criticized by human rights organizations, came as a response to a brutal and large-scale terrorist attack carried about by Hamas on Oct. 7.
    The death toll from the conflict has risen to at least 1,400 people in Israel and almost 2,700 in Gaza, and Israel’s military has urged residents of northern Gaza to evacuate south as it promised to ramp up its bombardment, with the evacuation orders widely criticized by humanitarian agencies on the ground.
    Yellen said it was too early to gauge the potential economic impact of the conflict in the Middle East, as oil prices remain volatile amid concerns that neighboring powers in the region, such as Iran, could be pulled into the Israel-Hamas war. More

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    Doctors at Allina Health Form Union

    The physicians, at Allina Health in Minnesota and Wisconsin, appear to be the largest group of unionized doctors in the private sector.In the latest sign of growing frustration among professionals, doctors employed by a large nonprofit health care system in Minnesota and Wisconsin have voted to unionize.The doctors, roughly 400 primary and urgent-care providers across more than 50 clinics operated by the Allina Health System, appear to be the largest group of unionized private-sector physicians in the United States. More than 150 nurse practitioners and physician assistants at the clinics were also eligible to vote and will be members of the union, which will be represented by a local of the Service Employees International Union.The result was 325 to 200, with 24 other ballots challenged, according to a tally sheet from the National Labor Relations Board, which conducted the vote. In a statement, Allina said, “While we are disappointed in the decision by some of our providers to be represented by a union, we remain committed to our ongoing work to create a culture where all employees feel supported and valued.”The doctors complained that chronic understaffing was leading to burnout and compromising patient safety.“In between patients, your doctor is dealing with prescription refills, phone calls and messages from patients, lab results,” said Dr. Cora Walsh, a family physician involved in the organizing campaign.“At an adequately staffed clinic, you have enough support to help take some of that workload,” Dr. Walsh added. “When staff levels fall, that work doesn’t go away.”Dr. Walsh estimated that she and her colleagues often spend an hour or two each night handling “inbox load” and worried that the shortages were increasing backlogs and the risk of mistakes.The union vote follows recent walkouts by pharmacists in the Kansas City area and elsewhere over similar concerns.A variety of professionals, including architects and tech workers, have sought to form unions in recent years, while others, like nurses and teachers, have waged strikes and aggressive contract bargaining campaigns.Some argue that employers have exploited their sense of mission to pay them less than their skills warrant, or to work them around the clock. Others contend that new business models or budget pressures are compromising their independence and interfering with their professional judgment.Increasingly, doctors appear to be expressing both concerns.“We feel like we’re not able to advocate for our patients,” said Dr. Matt Hoffman, another doctor involved in the organizing at Allina. Dr. Hoffman, referring to managers, added that “we’re not able to tell them what we need day to day.”Consolidation in the health care industry over the past two decades appears to underlie much of the frustration among doctors, many of whom now work for large health care systems.“When a physician ran his or her own practice, they made the decisions about the people and technology they surrounded themselves with,” Dr. Robert Wachter, chair of the department of medicine at the University of California, San Francisco, said in an email. “Now, these decisions are made by administrators.”Doctors at Allina say that staffing was a concern before the pandemic, that Covid-19 pushed them to the brink and that staffing has never fully recovered to its prepandemic levels.Relatively low pay for clinical assistants and lab personnel appears to have contributed to the staffing issues, as these workers left for other fields in a tight job market. In some cases, doctors and other clinicians within the Allina system have quit or scaled back their hours, citing so-called moral injury — a sense that they couldn’t perform their jobs in accordance with their values.“We were promised that when we get through the acute phase of the pandemic, staffing would get better,” Dr. Walsh said. “But staffing never improved.”Allina, which takes in billions in revenue but has faced financial pressures and recently eliminated hundreds of positions, did not respond to questions about the doctors’ concerns.Joe Crane, the national organizing director for the Doctors Council of the S.E.I.U., which represents attending physicians, said that before the pandemic, he would receive about 50 inquiries a year from doctors interested in learning more about forming a union. He said he received more than 150 inquiries during the first month of the pandemic. (Mr. Crane was with another physicians’ union at the time.)Mr. Crane, citing the siloed nature of the medical profession, said that unionization among attending physicians had nonetheless proceeded slowly, but that the victory at Allina could create momentum.In March, more than 100 doctors voted to unionize at another Allina facility, a hospital with two locations. Dr. Alia Sharif, a physician involved in that union campaign, said doctors were under pressure there not to exceed length-of-stay guidelines for patients, even though many suffer from complex conditions that require more sustained care.Allina is appealing the outcome of that vote to the National Labor Relations Board in Washington; a board official rejected an earlier appeal.Even as rates of unionization have languished among attending physicians, they have increased substantially among medical residents. A sister union within the S.E.I.U., the Committee of Interns and Residents, has added thousands of members over the past few years.Dr. Wachter said this could herald an increase in unionization among doctors outside training programs. “When these physicians finish training and enter practice, they are more comfortable with a world in which unionization doesn’t automatically conflict with their notions of being a professional,” he wrote. More

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    U.A.W. Says Auto Strikes Will Become More Unpredictable

    The United Automobile Workers union refrained from expanding the strikes at Ford, General Motors and Stellantis but said it could do so at any time.Four weeks after starting limited strikes against three large automakers, the United Automobile Workers is shifting to a more aggressive strategy, suggesting that work stoppages could spread to more plants and possibly go on for some time.In an online video, the union’s president, Shawn Fain, said on Friday that he would no longer wait to announce expansions of the strikes on Friday, as he had been doing. Further actions could come at any time.“We’re not messing around,” Mr. Fain said. “The companies are now on notice. If they’re not willing to move, we are going to give them a push.”The union began its strikes on Sept. 15 when workers walked out of three plants, owned by General Motors, Ford Motor and Stellantis, which makes Chrysler, Jeep and Ram vehicles. It has since expanded the strike in stages, in a bid to increase the pressure on the companies.Stellantis said on Friday that it was temporarily laying off an additional 700 workers at two plants in Indiana that supply transmissions and castings for a Toledo, Ohio, Jeep factory that has been idled by the U.A.W. strikes. Stellantis has laid off more than 1,300 workers in total in response to the union’s strikes.Ford has laid off more than 1,900 workers as a result of the strike, and G.M. about 2,300. Ford said about 90 of its parts suppliers had laid off about 13,000 workers.Stellantis also said its negotiations had made progress in talks with the U.A.W. this week. The company said it hoped “to reach an agreement as soon as possible to get everyone back to work.”The U.A.W. and the automakers have been negotiating new labor contracts since July.On Wednesday, the U.A.W. unexpectedly told workers to walk out of Ford’s Kentucky Truck Plant in Louisville. It is the company’s largest and the producer of its highly profitable Super Duty version of its F-Series pickup trucks.Ford has said the Kentucky plant typically produces a new truck every 37 seconds, and generates $25 billion in revenue, about 16 percent of the company’s annual total.All told, the strike has halted operations at three Ford plants in Michigan, Chicago and Kentucky; two G.M. plants in Michigan and Missouri; and a Stellantis plant in Ohio. U.A.W. members are also on strike at 38 G.M. and Stellantis spare-parts warehouses across the country.About 34,000 of the 150,000 U.A.W. members employed by the three companies are now on strike.The U.A.W. has demanded substantial wage increases and improvements in other areas of its contract, like retirement plans. The union also wants an end to a system that pays new hires a little over half the top U.A.W. wage of $32 an hour.The union is also concerned about the possible loss of jobs as automakers ramp up production of electric vehicles. The companies have offered wage increases of more than 20 percent over four years and to reduce the time it takes a new worker to rise to the top wage to four years from eight.On Thursday, Ford officials said the company had reached its limit on what it could offer the union without hurting the company’s business and its ability to continue heavy investments in electric vehicles. “Any more will stretch our ability to invest in the business,” Kumar Galhotra, president of the Ford division that makes combustion engine vehicles, said on a conference call on Thursday.Apart from the car companies, U.A.W.-represented workers went on strike this week at Mack Trucks. Its members voted this week to authorize a strike against General Dynamics, an aerospace and defense contractor. The U.A.W. also represents about 1,000 workers who have been on strike at Blue Cross Blue Shield of Michigan for a month. More

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    The Upshot of Microsoft’s Activision Deal: Big Tech Can Get Even Bigger

    President Biden’s top antitrust officials have used novel arguments over the past few years to stop tech giants and other large companies from making deals, a strategy that has had mixed success.But on Friday, when Microsoft closed its blockbuster $69 billion acquisition of the video game publisher Activision Blizzard after beating back a federal government challenge, the message sent by the merger’s completion was incontrovertible: Big Tech can still get bigger.“Big Tech companies will certainly be reading the tea leaves,” said Daniel Crane, a law professor at the University of Michigan. “Smart money says merge now while the merging is good.”Microsoft’s purchase of Activision was the latest deal to move forward after a string of failed challenges to mergers by the Federal Trade Commission and the Justice Department, which are also confronting the big tech companies through lawsuits arguing they broke antimonopoly laws. Leaders at the two agencies had tried to block at least 10 other deals over the past two years, promising to dislodge longstanding ideas from antitrust law that they said had protected behemoths like Microsoft, Google and Amazon.But their efforts ran headlong into skeptical courts, largely leaving those core assumptions untouched. In the case of Microsoft’s Activision deal, the idea that the F.T.C. questioned was a “vertical” transaction, which refers to mergers between firms that are not primarily direct competitors. Regulators have rarely sued to block such deals, figuring that they generally do not create monopolies.Yet “vertical” deals have been especially common in the tech industry, where companies like Meta, Apple and Amazon have sought to grow and protect their empires by spreading into new business lines.In 2017, for instance, Amazon bought the high-end grocery chain Whole Foods for $13.4 billion. In 2012, Meta acquired the photo-sharing app Instagram for $1 billion and then shelled out nearly $19 billion for the messaging service WhatsApp in 2014. Of the 24 deals worth more than $1 billion completed by the tech giants from 2013 to mid-August of this year, 20 were vertical transactions, according to data provided by Dealogic.The sealing of the Microsoft-Activision deal has buttressed the notion that vertical deals generally are not anticompetitive and can still go through relatively unscathed.“There continues to be the presumption that vertical integration can be a healthy phenomena,” said William Kovacic, a former chair of the F.T.C. The F.T.C. is proceeding with its challenge to the Microsoft-Activision deal even as it has closed, said Victoria Graham, a spokeswoman for the agency, who added that the acquisition was a “threat to competition.” The Justice Department declined to comment. The White House did not immediately have a comment.The idea that vertical transactions were less likely to harm competition than combinations of direct rivals has been ingrained since the late 1970s. In the ensuing decades, the Justice Department and F.T.C. took no challenges to vertical deals to court, instead reaching settlements that allowed companies to proceed with their deals if they changed practices or divested parts of their business.Then, in 2017, the Justice Department sued to block the $85.4 billion merger between the phone giant AT&T and the media company Time Warner, in the agency’s first attempt to stop a vertical deal in decades. A judge ruled against the challenge in 2018, saying he did not see enough evidence of anticompetitive harms from the union of companies in different industries.Mr. Biden’s top antitrust officials — Lina Khan, the F.T.C. chair, and Jonathan Kanter, the top antitrust official at the Justice Department — have been even more aggressive in challenging vertical mergers since they were appointed in 2021.That year, the F.T.C. sued to stop the chip maker Nvidia from buying Arm, which licenses chip technology, and the companies abandoned the deal. In January 2022, the F.T.C. announced it would block Lockheed Martin’s $4.4 billion acquisition of Aerojet Rocketdyne Holdings, a missile propulsion systems maker. The companies dropped their merger.But judges rejected many of their efforts for lack of evidence and denied Ms. Khan and Mr. Kanter a courtroom win that would have set new precedent. In 2022, after the D.O.J. sued to block UnitedHealth Group’s acquisition of Change Healthcare, a judge ruled against the agency.Lina Khan, the chair of the Federal Trade Commission, challenged Microsoft’s deal for Activision last year. Tom Brenner for The New York TimesThe F.T.C.’s move to block Microsoft’s purchase of Activision last year was a bold effort by Ms. Khan, given that the two companies do not primarily compete with one another. The agency argued that Microsoft, which makes the Xbox gaming console, could harm consumers and competition by withholding Activision’s games from rival consoles and would also use the deal to dominate the young market for game streaming.To show that would not be the case, Microsoft offered to make one of Activision’s major game franchises, Call of Duty, available to other consoles for 10 years. The company also reached a settlement with the European Union, promising to make Activision titles available to competitors in the nascent market for game streaming, which allowed the deal to go through.In July, a federal judge ultimately ruled that the F.T.C. didn’t provide enough evidence that Microsoft intended to forestall competition through the deal and that the software giant’s concession eliminated competition concerns.The agencies are “facing judges who have said 40 years of economics show that vertical mergers are good,” said Nancy Rose, a professor of applied economics at M.I.T. with an expertise in antitrust, who is among a group of scholars who say vertical deals can be harmful to competition. She said the agencies should not back down from challenging vertical mergers, but that regulators would need to be careful to choose cases they can prove with an abundance of evidence.Ms. Khan and Mr. Kanter have said they are willing to take risks and lose lawsuits to expand the boundaries of the law and spark action in Congress to change antitrust rules. Ms. Khan has noted that the F.T.C. has successfully stopped more than a dozen mergers.Mr. Kanter has said that challenges to mergers from the Justice Department and the F.T.C. have deterred problematic deals.“There are fewer problematic mergers that are coming to us in the first place,” he said in a speech at the American Economic Liberties Project, a left-leaning think tank, in August.Still, bigger companies that have the resources to fight back will probably feel more confident challenging regulators after the Microsoft-Activision deal, antitrust lawyers said. The aggressive posture by regulators has simply become the cost of doing business, said Ryan Shores, who led tech antitrust investigations at the D.O.J. during the Trump administration and is now a partner at the law firm Cleary Gottlieb.“A lot of companies have come to the realization that if they have a deal they want to get through, they have to be prepared to litigate,” he said. More

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    Philadelphia Fed President Harker advocates holding interest rates ‘where they are’

    Patrick Harker President Federal Reserve Bank of Philadelphia, August 24, 2023.
    David A. Grogan | CNBC

    Philadelphia Federal Reserve President Patrick Harker said Friday he thinks the central bank can stop raising interest rates.
    “Absent a stark turn in what I see in the data and hear from contacts … I believe that we are at the point where we can hold rates where they are,” Harker said in prepared remarks for the Delaware State Chamber of Commerce. “Look, we did a lot, and we did it very fast.”

    As a voting member this year on the rate-setting Federal Open Market Committee, Harker’s words carry extra weight as policymakers contemplate their next step forward. Though his remarks align with what several other officials have said recently, they are perhaps the most explicit endorsement yet of a halt in rate hikes.
    The Fed has raised its benchmark borrowing rate 11 times since March 2022, totaling 5.25 percentage points. In September, the FOMC chose to hold rates steady as members differed over where inflation is headed.
    In recent days, multiple Fed officials have cited the tightened financial conditions brought on by a surge in Treasury yields as helping the central bank in its quest to slow the economy and bring down inflation.
    However, Harker did not rely on the market moves but instead said the Fed simply has made substantial progress in bringing down prices without causing a surge in unemployment or otherwise tanking the economy. He said it can now watch the impact that its rate hikes are having and use incoming data as its guide to where policy needs to go.
    “Holding rates steady will let monetary policy do its work. I am sure policy rates are restrictive, and as long they remain so, we will steadily press down on inflation and bring markets into a better balance,” he said. “By doing nothing, we are still doing something. And, actually, we are doing quite a lot.”

    Reports this week showed that 12-month rates for inflation are coming down but remain above the Fed’s 2% annual target. Separate readings on producer and consumer prices both were higher than Wall Street economists had expected, raising the specter that the Fed might have to do more.
    However, Harker said he won’t be moved by one month of data, noting that the Fed’s preferred measure, the personal consumption expenditures price index, in August showed its smallest monthly increase since 2020.
    “We will not tolerate a reacceleration in prices,” he said. “But second, I do not want to overreact to the normal month-to-month variability of prices.”
    “We remain data dependent but patient and cautious with the data,” he added.
    Harker noted that the Fed remains attuned to a variety of risks, from the banking turmoil earlier this year to rising credit card balances and labor strife. But he said the economy overall has held up, and he thinks unemployment will at most edge higher as more people enter the workforce and labor market imbalances work themselves out.
    Still, he did not provide any indication that he expects cuts anytime soon.
    “I do subscribe to the new moniker, ‘higher for longer.’ I didn’t coin it, but my expectation is that rates will need to stay high for a while,” he said.
    However, added that he “would have no hesitancy to support further rate increases” if inflation were to rebound. More

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    in Economy

    Retailers’ Seasonal Hiring Plans Signal a Cooling Labor Market

    After scrambling to fill out work forces in recent years, many companies are reporting more modest goals for temporary employment.As the most important selling season for retailers approaches, job applicants may feel a chill.Macy’s and Dick’s Sporting Goods plan to hire fewer seasonal workers after a surge in the past two years, when shoppers thronged to stores after pandemic lockdowns and employers struggled to keep up. Many retailers have dropped the incentives they used over the past few years to bring workers in the doors, such as signing or referral bonuses and steeper employee discounts.The career site Indeed said that searches for seasonal jobs were up 19 percent from last year, but that listed positions were down 6 percent. Companies helping businesses find temporary workers note that major retailers have been slower to release hiring plans this year. And on Indeed, fewer job postings are described as urgent needs.Seasonal hiring helps retailers handle the increased shopping during the fourth quarter, often referred to as “peak season.” Sales in November and December can account for a quarter of some retailers’ annual revenue. In the weeks leading up to Christmas, foot traffic in stores and online shopping are usually at their height.Early estimates point to an increase in retail spending this holiday season, but not at the fast pace of recent years.Some economists and consultants see the trends in hiring and pay as a sign that the red-hot labor market of the past couple of years has cooled. Retailers’ work forces, unsteady throughout the Covid-19 pandemic, are starting to stabilize. As inflation erodes shoppers’ budgets and confidence — and savings from pandemic relief programs are drawn down — the hiring plans may be part of a cautious approach that extends to inventories and sales projections.“The seasonal hiring market looks a whole lot more like 2019 than those pandemic bounce-back years,” said Nick Bunker, director of North American economic research for Indeed. “I really do think this is emblematic broadly of what we’re seeing in the U.S. labor market, where demand for workers overall is fairly strong but down from where it was in the last year and a half.”Macy’s is aiming to hire 38,000 workers, 3,000 below its 2022 plan. In 2021, Macy’s said it aimed to hire 76,000 people — in both permanent roles and seasonal jobs — during the holiday season. Of those positions, 48,000 were temporary.Dick’s said it would hire up to 8,600 seasonal workers, down from targets of 9,000 last year and 10,000 in 2021 — and up only slightly from 8,000 in 2019.“The seasonal hiring market looks a whole lot more like 2019 than those pandemic bounce-back years,” said Nick Bunker, an economic researcher at Indeed.Nam Y. Huh/Associated PressTarget and United Parcel Service plan to hire the same number of workers as last year, about 100,000 each. In a statement, Target said its seasonal associates would supplement the hiring it had done throughout the year to staff up its stores and supply chain facilities.“This year, we are starting the season with stability in our work force and a continued commitment to scheduling flexibility for our team, which has helped us retain team members and create a more experienced work force,” the company said in a post on its blog.Walmart, the nation’s biggest retailer, echoed that sentiment.“I’m also excited that we’re staffed and ready to serve customers this holiday season,” Maren Dollwet Waggoner, senior vice president of people at Walmart U.S., said in a post on LinkedIn. “We’ve been hiring throughout the year to be sure we’re ready to serve customers however they want to shop.”A Walmart spokeswoman added that if a store had additional staffing needs during the holiday season, it would offer extra hours to current employees before looking externally. Walmart did not say how many seasonal workers it planned to hire this year, as it did in years past. (In 2022, it said it was looking to fill 40,000 seasonal positions, including truck drivers and call center workers.)Amazon is a notable exception, saying it will hire more seasonal workers this year — 250,000, up from 150,000 last year. It also said that a $1.3 billion investment would bring the average hourly wage of those jobs to more than $20.50 and that it would still offer signing bonuses in some locations.Matching staffing to demand helps ensure that retailers eke out as many sales as they can.Seasonal workers are “the folks that are on the front lines of their business,” said John Long, North America retail sector leader at the consulting firm Korn Ferry, adding that aside from a store’s inventory, they “are going to be the make-or-break piece of the equation of whether the retailer makes their numbers or they don’t.”Amazon said it planned to hire 250,000 seasonal workers, up from 150,000 last year.Karsten Moran for The New York TimesAfter paring their work forces during the worst of the pandemic, employers in the retail and hospitality industries scrambled to fill open positions as workers sought more flexibility, switched companies frequently or stood on the sidelines. To get back to prepandemic staffing, retailers have used evergreen requisitions — continually displayed postings advertising essential roles that often need to be filled — and have started hiring seasonal workers as early as August.They have also given more hours to part-time workers and relaxed qualifications. To reduce turnover, many companies have bumped up their base wages for hourly positions.These factors have complicated the explanation for reduced seasonal hiring this year, said Melissa Hassett, a vice president at Manpower Group who works with large retailers, logistics and distributors across the country.“If you’re always hiring, you’re just not going to see an increase in postings happen very often,” she said. “So sometimes when you look at the increase in postings for retail it’s not as accurate as you think it is.”But there is also a feeling that the leverage of retail job applicants will fade.“In the past it felt like the workers had a lot more upper hand in terms of being able to demand what they need,” Yong Kim, founder of the staffing platform Wonolo, said. That dynamic has changed, especially for temporary positions.“There is definitely more tightening around companies wanting to hold off on hiring unless they really need to” and waiting to see how the fourth quarter pans out, Mr. Kim said. More