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Friday Upgrades / Downgrades

Here are the calls from late Thursday and Friday

UPGRADES:

Owens Corning (OC)= Buy

MGM mirage (MGM)= Sector Outperform

Navistar (NAVZ)= Buy

United Auto (UAG)= Outperform

Advanced Micro (AMD)= Buy

JP Morgan (JPM)= Outperform

Panera Bread (PNRA)= Buy

Symantec (SYMC)= Outperform

DOWNGRADES:

Starbucks (SBUX)= Market Perform

Chipotle Mexican Grill (CMG)= Neutral

Regal Entertainment (RGC)= Neutral

Analog Devices (ADI)= Underperform

Cheesecake Factory (CAKE)= Sector Perform

GE (GE)= Long Term Buy (I do not know why this is bad..)

Cheesecake Factory (CAKE)= Peer Perform

Prudential (PRU) = Hold

Alltel (AT)= Equal weight

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"Fast Money" Picks and Recap

Here are today’s picks from Bolling, Macke, Najarian and Adami

Picks For Today:

Bolling- USEC Inc, (USEC) $22.02

Adami- Honeywell (HON) $56.38

Najarian- Bristol Myers (BMY) $32.02

Macke- Hasbro (HAS) $31.63


Yesterday’s picks and the results:

Macke-Columbia Sportswear (COLM) $68.02 = $68.16 + $.14

Najarian- Terra Industries (TRA) $22.40 = $23.22 + $.82

Adami- “Short” Dow 30 Proshares ETF (DOG) $59.02 = $58.77 LOSS $.25

Bolling- NYMEX Holdings (NMX) $137 = $137.09 + $ .09

Looks like yesterday’s winner was Najarian and the sole loser was Adami.

Records:

Since my tracking began (1-1 means one up day and one down day)

Adami= 0-2
Bolling= 1-1
Najarian= 1-1
Macke= 1-1

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Ohio Supreme Court Agrees with Missouri and New Jearsey Supremes

The hits just keep on coming as the Ohio Supreme Court ruled municipalities cannot sue lead paint manufacturers unless they can prove “whose paint” is causing the “public nuisance”. For manufacturers like Sherwin Williams (SHW), NL Indusrtries (NL), DuPont (DD) and Berkshire Hathaway’s (BRK.A)Benjamin Moore, this ruling has now set the legal hurdle plaintiffs must cross and since the scientific community cannot “beyond all doubt” prove who manufactured the paint, this litigation is in it’s final hours.

From Law and More:

Another major blow for Motley Rice and other plaintiff firms suing Former Lead Paint Inc. – the Ohio Supreme Court on June 20th, ruled that product identification was necessary. Like the Missouri Supreme Court in the lead paint public nuisance St. Louis decision, the OH Supreme Court rejected a claim of market-share liabiity by the plaintiffs in Jackson v Glidden. The trial court had refused to allow the plaintiffs to sue former producers of lead pigment or their successors without identifying who made the paint. This ruling, of course, is in direct conflict with the jury instructions issued by Rhode Island Superior Judge Michael Silverstein in RI Lead Paint Trial II.

Former Iowa Attorney General Bonnie Campbell, who is spokesperson for the defendants, commented, “For nearly two decades of litigation, plaintiffs have moved from legal theory to legal theory, and venue to venue, in an attempt to place the responsibility for poorly maintained properties on the former manufacturers of lead paint. The market share theory is an attempt to evade the most basic requirements of a product liability suit – that the palintiffs show who made the product that allegedly caused harm.”

Motley Rice is a resourceful opponent. It will be fascinating to observe and deconstruct how it re-goups and re-positions itself in the media after three consecutive state supreme court losses in New Jersey, MO and now OH. We lead-paint watchers are still waiting for the ruling from the OH Supreme Court on SS 117 which would prohibit the state’s public nuisance law from being applied in product liability matters.

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Another Commodity Play FCStone (FCSX)

Looking for another way to play the commodity boom? With volatility in commodities increasing, users and producers of products that use them are looking for a way to manage costs.

Enter FCStone (FCSX) . Stone provide risk management consulting services to commodity wholesalers, end users, producers and offer customers clearing and execution services on all major domestic and international futures exchanges. Essentially, they enable companies to hedge against commodity price fluctuations and enhance their margins. Customers range from ethanol producers to sellers of heating oil but currently most of its customers are in agricultural grain business and they do business in the U.S., Canada, China, Brazil and Ireland

With the increase in commodity volatility, clients are entering into more transactions with FCStone, which went public March 16. In the second quarter, earnings climbed 78% to 41 cents a share and revenue rose 50% to $403.5 million. In 2006, earning more than doubled 2005’s.

How does it work?

Say a company produces ethanol and wants to hedge against the price fluctuations in corn (currently the fastest growing segment). No,w these will be one of the hundreds the small local producers as the big ones, like ADM (ADM), The Andersons (ANDE) and Pacific Ethanol (PEIX) will have in house operations.

“If it’s a natural-gas-fired ethanol plant, we’d look to lock in a processing margin,” said FCStone’s treasurer Bill Dunaway. “We would enter into a financial derivative contract to lock in the price they’ll pay for corn in the future and lock in the price of natural gas they’ll need to purchase in the future to run the plant.”

FCStone would also put in place a financial derivative to hedge the price of the ethanol that will be produced by the plant in the future. In so doing, it would lock in the price of the “inputs and the output, therefore securing a processing margin,” he added.

What to expect?

Analysts polled by Thomson Financial expect earnings for the 2007 fiscal year, ended in August, to rise 77% to $1.59 from the prior year, then 11% in 2008. By now means is this a value stock. But, for a momentum play, they are in a great market at the right time for it’s business. Also, if you expect consolidation in the Ag business, a fast grower like this could get swallowed up.

At these prices it is more of a momentum play than a ValuePlay, but, that does not mean you cannot make money with it.

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Blackstone IPO Trades Tomorrow

So, it all starts tomorrow as the PE King, Blackstone begins trading

It will trade under the symbol BX and priced at the top end of the range at $31 a share. If you believe in the “greater fool” theory then this would be an indication that these firm are at the top and the people in the know are cashing in. This is especially relevant when you consider that KKR, probably the most well known to the gneral public of the bunch hired Citi (C) and Morgan Stanley (MS) to consider a possibly IPO also.

If there was a huge upside to these folks I do not think they would be cashing out and subjecting themselves to all the increased scrutiny a public company goes through.

I will stay away…

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Another Update: Circuit City

The past week and a half I have been doing updates on previous posts ans since Circuit City reported earnings Tuesday, it is as good a time as any to update that post.

In my early May post, I speculated that Circuit City (CC) was “ripe for a buyout”. Has anything changed?

May,11th:

“Shares, now down almost 50% in the past year are priced for a buyout and have great value, sans current Management. CC is sitting on $4.05 a share in cash (after LT debt is subtracted), $2.94 a share in owned inventory and last year generated another $2.11 a share in cash from operations. At today’s price of $16.72, the cash on hand and value of the owned inventory would give a buyer a 42% return almost immediately or, assuming a buyer would have to pay a premium for the shares, CC’s cash and inventory values would more than finance it.”

Now:

Shares have been flat lined since then (currently $15.82) despite the just recently announced $82 million loss (33 cents a share) vs last years $8 million profit (3 cents). What does this mean? Shares do not have much more downside. Cash on hand has been cut in half and debt remains the same, irrelevant and owned inventory levels are the same. Should you buy CC now? I would stay away as long as current management is there. They have withdrawn all guidance for the year. They did this not for the same reason Eddie Lampert at Sears (SHLD) or Julian Day and Radioshack (RSH), they did it because as they said “Combined with an uncertain macroeconomic environment, for the time being, it is difficult to project sales and earnings performance for the balance of the fiscal year. As a result, we are withdrawing financial guidance at this time,” said CEO Philip Schoonover. Translation? We have no idea what is going to happen from here. While I applaud their honesty, they should have an idea of what is going to happen.

As a trade, any good news could vault shares up immediately. But, I do not see the conditions that could create that good news anytime soon. Maybe they could get bought out and that would cause shares to jump, but, I am reluctant to invest on the prayer someone rescues them. An Eddie Lampert, based on past history would just be as likely to wait for these buffoons to run it into bankruptcy and buy it there even cheaper than now. Why pay a premium to the current price when in bankruptcy he could get it for a fraction of it?

At their current rate CC will be out of cash before Thanksgiving and then the fun really starts. This assumes they do not start ramping up debt to pay for operations and also assumes no further economic slowdown. Should the economy slide even more, see ya…

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Will The FDA End Up Endorsing A Safer Cigarette?

Sometimes you read something that just strikes you as so ironic.

Under bills now wending through Washington, FDA would be empowered to approve cigarette makers’ marketing claims if a tobacco product is scientifically proven to “significantly reduce harm” to smokers, and the product’s availability would benefit the “health of the population as a whole,” the WSJ reports. That designation could be provide “a potentially lucrative opportunity” for the company.

Philip Morris (MO)\ has a bunch of test products in the works, including one with a carbon filter, and another with a battery-powered device that heats the tobacco. But it’s unclear whether any of them would qualify for the potential FDA-approved marketing claims. And the public health community is skeptical. “We must be extremely wary of claims made by manufacturers,” the dean of the University of Michigan School of Public Health told the WSJ.

Altria has supported this legislation from the beginning while it’s competitors like Reynolds (RAI) have fought it. By embracing it’s inevitable passage and participating in it, Altria has leap frogged over it’s competition in developing products that will take advantage of the new rules.

Here is the irony. While “lights” suits wind their way through the courts across the nation, the FDA will undoubtedly end up endorsing a cigarette that is “lighter” or “safer”. You just cannot make this stuff up.

The government should just back off tobacco companies, every time they try to nail them, they only end up making their business stronger.

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Starbucks’ Earnings Warning: Outrageous

I have been saying this since February and if I was a shareholder, I would be asking management why they took so long to admit this to you, rather than reaffirming guidance as recently as May. None of these issue are new, unless they were hoping they would just go away. Incredible.

Shares of Starbucks (SBUX) imploded to a near two year low this morning after CFO Michael Casey, said meeting the top end of its 2007 profit target will be “very challenging.” The company had set a range of earnings of 87 cents to 89 cents a share for the year but Casey, speaking to a conference in Chicago, cited “rising dairy costs and soft transaction growth” as factors that are weighing on the bottom line. Shares were down about 3% at $26.49 in morning action.

In May, when Starbucks was still blowing smoke up your, well you know where, I was saying “Starbucks, which uses an estimated 93 million gallons of milk a year, is looking at a $279 million milk bill in 2007. While it may not seem a lot to a billion-dollar company, it does equate to 36 cents a share, an increase of about 9 cents, or about 10.3% of profits, over 2006. This does not include the price increase to be incurred from changing the percentage of hormone-free milk from 27% to 37%. Starbucks does charge 50 cents more at some locations for this milk, so it must cost considerably more, no? When you are guiding 83 to 87 cents a share and 18% growth, the 10% of that in milk costs is huge.

Then, when management continued the deception with their 2% milk move in “response to our customers requests”, I opined:

“This is all about price and Starbucks doing anything it can to reduce rising costs in the face of stagnant store traffic. According the USDA, 2% milk averages 8 cents a gallon less than whole milk and when you buy almost 300 million gallons a year, 8 cents a gallon adds up real quick. Starbucks can try to gloss over this by saying they are “listening to our customers” but the cold hard reality is they have been making drinks this way for almost two decades now and no one has complained. If they really were listening, they would have eliminated all milk with growth hormones from the stores, but that would be expensive and negatively effect profits. The tell tale sign here is that they are cutting costs, not raising prices like they have in the past. This is perhaps the most public recognition that even they feel they are at the top of the price range and going higher here will cause even more defections to McDonald’s (MCD) than they have already suffered.”

So now the truth finally comes out today and shareholders, down over 20% since January and believing in management are getting killed again today. Shareholders should be outraged and it is not because milk prices or coffee prices are going up, they have no control over that.

They should be outraged because management apparently still believes in the face of all empirical evidence that they exist in an business category of one. When CEO Jim Donald says “we do not really consider our competition” despite stagnant store comps, there is a serious problem. This is painfully obvious when you consider this store growth stagnation directly coincides with product (coffee) improvements at these non-existent competitors.

Shareholders should be outraged because for almost 7 months now management has been in denial about their business and if you believed them, you have lost a boatload of money.

There are two options here for Starbucks and neither one is good. Either they do not know what is happening out there, or they did and lied about it. When some guy in Massachusetts is more honest with you about a company he has no financial interest in than the people you entrust to run it, there is a serious problem.

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Wendy’s Post: An Answer

I usually ignore things like this but when they cross the line from a well though out rebuttal (like Andy Kern’s Berkshire rebuttal to me that I requested from him and actually posted on my site) to one that takes selective items from a post of mine while ignoring and misstating others to make a point, I need to set the record straight.

In a post, David Cohen states: “Aside from ignoring and/or mis-stating key facts (Bill Ackman is indeed a long term value investor, and Nelson Peltz, who still holds Wendy’s shares, also pushed for the THI spin-off), I think the argument is off-base.” THI is Tim Horton’s International

First things first. I never claimed Ackman was a long or short term investor and as a matter of fact I alluded to him still owning McDonald’s (MCD) saying “he recognizes the bright future there”. What I said was that he had “a short term interest in the company (Wendy’s)”. Ackman first disclosed a Wendy’s stake in April 2005 and by November 2006 (immediately after the Tim Horton’s spin) had liquidated it and yes I consider this short term. Don’t believe me? Let Ackman himself tell you, “We buy things when they are discounted, and once they reach the potential of what we think they are worth, we sell. It could take months, or it could take years. That is our business.” Bottom line? He is “long term” or “short term” depending on the situation and what he wants out of it. Is this any different that what I said?

Nelson Peltz. In my post I said “agitation from activist investor Nelson Peltz and former shareholder William Ackman that action be taken to boost the company’s share price.” I am not sure what the point of restating my comment as though I alluded to something else is.

He continues “Sullivan’s argument is that Wendy’s could be doing much better if it only sold coffee to its customers, as McDonald’s seems to be succeeding in doing. My retort: Can’t Wendy’s (WEN) sell coffee without THI just as it could with THI? What in the world does Tim Horton’s have to do with Wendy’s selling coffee?”

Again this only touches the and I think intentionally misses the core of my argument. It never implied it was the “only” thing they would have to do, just a glaring opportunity they now do not have. Also, the argument was “premium” coffee, not “brown liquid in a cup”. Again to accurately quote my post, “given the overwhelming success McDonald’s (MCD) has had with it’s premium coffee offering.” McDonald’s sold coffee before but the introduction of the premium (Newman’s Own) stuff has lead to an explosion in coffee sales for the chain. Along with the added customer trips come more ancillary sales of food items. There is a reason in every monthly earnings release “breakfast” (coffee) is at the top of the list of reasons for yet another record month at the Golden Arches.

If anyone has been to where Tim Horton’s does business, they are wildly popular, more so than Dunkin Donuts. It is a premium brand in those areas. Are we really going to believe that selling premium coffee at Wendy’s drive thru’s would not lead to increased business? This is true if for no other reason it would stop people from defecting to McDonald’s for a cup and give them a reason to stop at Wendy’s. More customer trips always equal more sales in the fast food business. Selling Tim Horton’s coffee would have assured additional trips to Wendy’s as McDonald’s has proven premium coffee drives business.

Again Mr. Cohen: “I would argue that if the spin-off of THI never happened, then Wendy’s would still be basking in the glory of its well-run THI operation and not focusing on its mismanaged core business. Now that THI exists (and is thriving) on its own, everyone can see how badly Wendy’s is lagging behind McDonald’s and Burger King. With this transparency comes shareholder pressure to improve operations. If the THI spin-off never happened, it never would have been so painfully obvious how badly Wendy’s is managed. With the transparency of the spin-off comes a recognition of problems. While the solutions may not be easy, recognition is the first step.”

Not sure why he “would argue” this after I said “Now holders are stuck with a third rate burger chain that is missing what would have been the fastest growing part of it.” I think everyone new the burger chain was mismanaged and if they did not, they just did not look into the company very well before they bought shares. What Horton’s did was buffer shareholders while they tried to fix it. There seems to be this thought out there that management cannot walk and chew gum. Like the recent Home Depot (HD) sale announcement, it is a short term gain at the expense of long term performance. Neither the Tim Horton’s spin or the Home Depot sale are going to “fix” the problems at the parent nor will they make them any more apparent. They both will make shareholders happy initially and scratching their heads later. Why? Had either Wendy’s or Home Depot fixed what really ailed them and kept the items they sold off, shareholders would have been rewarded in multiples down the road with two thriving businesses that would have had wonderful synergies together.

Now, am I opposed to all spins? No, just the ones done for the wrong reasons. Ones like the Wendy’s and Home Depot spin are like taking diet pills instead of exercising and eating right. You’ll get immediate gratification at the expense of long term benefits. In the post I referenced the Chipotle (CMG) spin by McDonald’s as one that was done right. The two businesses were unrelated (Mexican food vs Burgers and eggs)and the synergies between the two on a retail level were nil. It made sense to cut Chipotle loose to shareholders so they could experience the full benefits of both operations. It was not done to mask problems. Even the recent Altria (MO) spin of Kraft (KFT) was done for the right reason, to fully recognize the full value of BOTH entities, not one.

Mr. Cohen concludes: “Now, shareholders can decide to own either Wendy’s or Tim Horton’s or both. As a shareholder of Wendy’s, you would’ve received your fair share of THI in the spin-off. You can decide to do with that whatever you want, but you can easily create the old Wendy’s/THI conglomerate by just keeping your shares. I don’t understand why having more flexibility in building your position results in a destruction of value.”

I agree, you can own one one, both or neither. You cannot replicate the old conglomerate by owning both, however. You cannot replicate the cost savings of not having two entirely separate corporate structures, the increased purchasing power of the larger combined entity, the savings from combining advertising, the savings from the integration of logistics in getting product to locations and the increased revenue that could be realized from cross selling products with each other.

Having portfolio flexibility and the destruction of value in Wendy’s “Long Term” (which was the title of my original post on my blog) are two wholly unrelated items. This confuses the “price” you received for your shares vs. the “value” in the company. Shareholders had flexibility when they first bought shares and continued to have it as they held them. They could have sold them or added to their position at anytime.

The long term value in the combined entity would have come from what the two businesses could have done for each other to generate earnings for shareholders. My argument was and still is that Wendy’s was better off with Tim Horton’s long term than without.

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Ethanol Producer Boosts Earnings Estimate

I though high corn prices were supposed to be hurting ethanol producers?

Andersons Inc., (ANDE) boosted its 2007 per-share-earnings estimate to a range of $2.80 to $3.05 from $2.35 to $2.60. On average, analysts expect $2.62, according to Thomson Financial.

The company noted that its Plant Nutrient Group has specifically benefited from the increased corn acreage and associated higher volume and margins. Additionally, its new ethanol plant in Clymers has started producing ethanol, and both ethanol plants are realizing better margins and throughput than the earlier projections envisioned.

Commenting on the earnings revision, the company’s President and Chief Executive Officer Mike Anderson, said: “When we last provided guidance, planting progress within our region was behind historical norms. Planting has now been successfully completed. This has had a positive impact on the earnings outlook for our Grain & Ethanol and Plant Nutrient Groups.

Now, granted they are getting a boost from fertilizer sales but they are also experiencing better than expected ethanol production margins.

The anticipated margin decline was something that has been much touted in calling for an “earnings crunch” for ethanol producers. It seems to be just not happening. Now, this may be on a case by case basis as the better run companies are able to manage their way through the corn price increase so do not extrapolate this out to all ethanol producers. Firms like The Andersons and Archer Daniels (ADM) that have a history of success are the safe bets here.

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"Fast Money" Picks For Today

Here are “Today’s Trades” from Bolling, Najarian, Adami and Macke.

Share price is Wednesday’s close.

Macke-Columbia Sportswear (COLM) $68.02

Najarian- Terra Industries (TRA) $22.4

Adami- “Short” Dow 30 Proshares ETF (DOG) $59.02

Bolling- NYMEX Holdings (NMX) $137.78

Now, here are yesterdays picks with the results.

Macke- Home Depot (HD)= Open $40.63 close $40.03 Result $.60 loss

Najarian- Boyd Gaming (BYD)= Open $51.00 close $50.35 Result $.65 loss

Adami- Bank of America (BAC)= Open $50.66 Close $49.99 Result $.67 loss

Bolling- News Corp. (NWS)= Open $23.93 Close $23.60 Result $.33 loss

Now, the market was down 146 point yesterday so not much was up so a little leeway here is needed. Let’s see what happens today.

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Stock Buyback Study

Andy Kern over at Berkshire Ruminations sent me this share repurchase study from 1998 in response to my Home Depot (HD) post. It is very detailed and informative.

The authors found:

– 74% to 82% of firm announcing buybacks actually repurchase the number if shares they originally intend to within 3 years.

– 57% repurchased more than they originally intended to 3 years later

– 30% repurchased more than twice the original amount 3 years later.

You can read it here.

Now, seeing as the current record buyback binge in corporate America is a 21st century phenomenon, I want to see any new studies out there for comparison of the results. Basically, has there been an improvement or a deterioration in the percentage of firms that announce and then complete share buybacks in a reasonable time frame. This one, while very good is from 1998 and covers the time period from 1981-94 and the authors do admit “some information was not available for 141 out of 591 firms before 1984”. I would imagine in today’s information rich era, this is no longer a problem and getting these studies out requires much less time and energy.

If anyone has one please email me or post it to the comments section of the blog.

Thank you

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Thursday’s Upgrades / Downgrades

Here are the calls from late Wednesday and this morning.

UPGRADES:

Kaiser Alum (KALU)= Buy

Dollar Thrifty (DTG)= Strong Buy

Home Depot (HD)= Buy

Andersons (ANDE)= Hold

Airgas (ARG)= Buy

CNOOC Ltd (CEO)= Outperform

Atlas Pipeline (APL)= Outperform

Symantec (SYMC)= Outperform

DOWNGRADES:

Ensco (ESV)= Hold

Bankrate (RATE)= Hold

Anheuser-Busch (BUD)= Hold

Schlumberger (SLB)= Neutral

Maxwell Tech (MXWL)= Mkt Perform

Compuware (CPWR) = Neutral

Buffalo Wild Wings (BWLD)= Neutral

Home Depot (HD)= Market Perform

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Congressional Chairs Oppose XM / Sirius

It looks like Congress is getting into the act against the proposed satellite radio merger.

A bipartisan group of 72 Congressional leaders sent a letter Monday to the chairpersons of the Federal Communications Commission, the Department of Justice and the Federal Trade Commission, opposing the merger of the nation’s only two satellite radio companies, XM (XMSR) and Sirius (SIRI) saying “On its face, we believe that sanctioning the marriage of the only competitors in the satellite radio market would create a monopoly which would be devastating to consumers,” the letter said.

Among the Democrats signatories are Budget Committee chair John Spratt of South Carolina, Agriculture Committee chairman Collin Peterson of Minnesota, Rules Committee chairwoman Rep. Louise Slaughter of New York and presidential candidate Rep. Dennis Kucinich of Ohio.

Among the 25 Republicans who signed the letter are former House Speaker Rep. Dennis Hastert of Illinois, Republican whip Rep. Roy Blunt of Missouri and Tom Cole of Oklahoma, chairman of the National Republican Congressional Committee.

Earlier I posted my thoughts on the possibility of the merger based on the reaction to the Whole Foods (WFMI) and Wild Oats (OATS) attempt. This action by Congress all but assumes this one is dead. While not unusual for those in Congress to chime in with their opinion , in this seemingly new era of a market segment anti-monopolistic attitude, I cannot see how they will allow the merger.

Personally, I think the Wild Oats / Whole Foods opposition is laughable but a combination of XM /Sirius does create only one satellite radio company, last time I checked, that was a monopoly.

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Wendy’s: Tim Horton’s Spin Destroyed Long Term Value

Shares of Wendy’s (WEN) closed down 3.7% at $38.26 Monday after the company cut its full-year earnings forecast and currently sit at $37. Wendy’s also said for the third time since April that it is considering a sale. They lowered 2007 EPS guidance to $1.09-1.23, down from a $1.26-1.32 forecast and below analyst expectations of $1.27. EBITDA is now forecast at $295 million-315 million versus a prior range of $330 million-340 million. Wendy’s, which is facing intense competitive pressure, has also had to contend with agitation from activist investor Nelson Peltz and former shareholder William Ackman that action be taken to boost the company’s share price

Activist investor Bill Ackman, though his Pershing Square Capital hedge fund, owned 6.42 million as of 9/30/2006. By 12/31/2006 after he got the spin he wanted that stake was liquidated. Now holders are stuck with a third rate burger chain that is missing what would have been the fastest growing part of it.

Ackman was instrumental in pushing Wendy’s to spin-off its Canadian Tim Horton (THI), which was completed in Sept. 2006. Given the popularity of the Tim Horton’s coffee and the overwhelming success McDonald’s (MCD) has had with it’s premium coffee offering, one has to wonder how much better off Wendy’s would be if they were serving the coffee in their stores and at their drive-thru’s. One thing is for sure, they would not be any worse AND they would be driving traffic to their stores for the coffee.

This what happens when management caves to somebody who only has a short term interest in the company. Conversely, Ackman’s demands to McDonald’s were essentially rebuffed. Yes, they spun the Chipotle (CMG) chain but that was rumored in the works before Ackman stepped in. He then wanted a sale of the corporate owned stores and real state sales but was denied by management. Where is McDonald’s sitting now? At an all time high with a future as bright as it has had in decades. It should be noted that Ackman, even though he was denied his proposed changes, is still a McDonald’s shareholder, apparently even he sees the bright future there.