Elon Musk, chief executive officer of Tesla Inc., arrives at federal court in New York, on Thursday, April 4, 2019.Natan Dvir | Bloomberg | Getty ImagesTesla CEO Elon Musk has reached an agreement with the Securities and Exchange Commission over his use of Twitter, according to an amended filing in U.S. District Court of the Southern District of New York.
The late Friday agreement, which still needs to be approved by a judge, lays out exactly what kind of information requires formal legal review before being shared. This oversight process is now required for the company's blog, statements made on investor calls, as well as social media posts for material information.
The filing laid out the following items in that list:
the Company's financial condition, statements, or results, including earnings or guidance;potential or proposed mergers, acquisitions, dispositions, tender offers,or joint ventures;production numbers or sales or delivery numbers (whether actual, forecasted, or projected) that have not been previously published via pre-approved written communications issued by the Company ( “Official Company Guidance”) or deviate from previously published Official Company Guidance;new or proposed business lines that are unrelated to then-existing business lines (presently includes vehicles, transportation, and sustainable energy products);projection, forecast, or estimate numbers regarding the Company's business that have not been previously published in Official Company Guidance or deviate from previously published Official Company Guidance;events regarding the Company's securities (including Musk's acquisition or disposition of the Company's securities), credit facilities, or financing or lending arrangements;nonpublic legal or regulatory findings or decisions;any event requiring the filing of a Form 8-K by the Company with the Securities and Exchange Commission, including:
– a change in control; or
– a change in the Company's directors; any principal executive officer, president, principal financial officer, principal accounting officer, principal operating officer, or any person performing similar functions, or any named executive officer; orsuch other topics as the Company or the majority of the independent members of its Board of Directors may request, if it or they believe pre-approval of communications regarding such additional topics would protect the interests of the Company's shareholders;Tesla did not immediately reply to a request for comment.
Shares of Tesla gained about 0.9% in postmarket trading. The stock had shed 5% during the normal session and has fallen 29% so far in 2019.
Friday's agreement “removes an overhang” for Tesla shareholders, said Dan Ives, managing director for equity research at Wedbush Securities.
VIDEO5:5405:54Shares of Tesla have plunged back below a key level, here's what's next for the stock “Some feared the SEC situation was not going to be resolved favorably so this resolution is a sigh of relief for the bulls. Tesla has enough bad news on its plate so this removes one headache for the Street with the focus now core demand and profitability,” he said.
This superseding agreement settles a dispute between the SEC and Musk about whether the Tesla chief violated the terms of their original deal in which he had agreed to clear his tweets containing material information about the company before posting. The SEC had asserted that Musk never sought clearance for any tweet.
The U.S. regulatory agency had claimed that Musk broke the terms of that agreement in February when he tweeted about Tesla production numbers for 2019.
The SEC first charged Musk last year, alleging he made fraudulent statements on Twitter. On Aug. 7, Musk tweeted that he had “funding secured” to take Tesla private at $420 per share.
In the first deal, Musk had also agreed to pay a civil penalty of $20 million and forfeit his role as chairman of the board for at least three years. The company also paid a $20 million fine.
— CNBC's Lora Kolodny contributed to this report.
Author: CNBC Online news
Trump’s tariff threats on autos are stoking fears of a German recession
Trump: Will impose more auto tariffs if no deal reached with EU
2:47 PM ET Wed, 20 Feb 2019 | 02:25
A trade war between the United States and Europe is coming and the fallout could tip Germany into recession, according to analysts at German lender Commerzbank.
EU leaders have now agreed to negotiate fresh trade arrangements with Washington but have restricted the talks to industrial goods only. That scope of debate is likely to irk President Donald Trump who is under pressure from Congress to win access to EU agriculture markets.
In February, Trump said he would impose tariffs on cars imported from the European Union if U.S. talks with the bloc can't produce a new deal. The EU has since threatened to tax 20 billion euros ($22 billion) worth of U.S. goods.
Both sides have cautiously hung on to existing agreements, promising to take no action until talks are concluded.
In a research report Friday, analysts at Commerzbank said the chances of a trade deal that satisfied both European leaders and U.S. lawmakers looked slim. It noted that France, holding a powerful voice in the corridors of Brussels, had already erected a serious barrier.
“President (Emmanuel) Macron has already voted against opening negotiations with the U.S. because the U.S. is no longer participating in the 2015 Paris Climate Agreement,” noted Commerzbank.
The bank said on the other side of the ledger, U.S. Congress has made it clear that it will not rubberstamp any agreement that excludes agriculture — a tricky proposition given many EU nations fiercely protect prices paid to their farmers.
“It is therefore likely that Donald Trump will announce the imposition of duties — probably at rates of 25% — on imports of autos and auto parts from the EU,” said Commerzbank.
Official German statistics supplemented by the bank's own research show that in 2018, the United States was the top export destination for German cars, accounting for about 12% of the total with a value of 27 billion euros of parts or finished vehicles.
The bank estimated that a Trump-ordered tariff increase of 25 percentage points on EU auto imports would slash that figure for Germany down to around 14 billion euros per annum.
When factoring in how much of that export figure is actual German “added value,” the bank estimated that total economic output for the country could fall by around 0.25 percentage points.
“All the more dangerous in a situation where the German economy is only just managing to avoid a recession,” it read.
The German economy stagnated in the fourth quarter of 2018 after contracting 0.2% in the July-September period, which was the first time GDP (gross domestic product) had shrank since 2015.
A separate note Friday from French bank Credit Agricole noted that Germany accounts for almost three out of every four European cars shipped to the United States.
Ford says Justice Department opened a criminal probe tied to its emissions certification process
Aly Song | Reuters
People walk by a Ford Escape SUV displayed during the media day for the Shanghai auto show in Shanghai, China, April 16, 2019.
The Justice Department has launched a criminal investigation in a matter relating to Ford Motor's U.S. emissions certification process.
Ford disclosed in an SEC filing Friday that the company has also notified a number of other state and federal agencies and are cooperating fully with all government investigations. The matter stems back to issues related to road load estimations, including analytical modeling and coastdown testing. It does not involve the use of defeat devices to cheat on emissions tests.
The company also said in the filing that it cannot predict the outcome of the investigation and “cannot provide assurance that it will not have a material adverse effect on us.”
The automaker's stock is up 6% in premarket trading after it reporting quarterly earnings that topped expectations.
This is breaking news. Please check back for updates.
‘The ship is starting to turn’ for Ford, says CFO
Original Article
Tesla cars are now ‘quite old’ and the exclusive brand is at risk, analyst says
Tesla will find it difficult to find scale in European and Chinese markets, autos expert says
14 Hours Ago | 03:35
Tesla's Model S and X cars are reaching the end of their product life cycle and will need a serious upgrade if the company wants to retain a luxury price tag, one auto analyst told CNBC.
Tesla shares were largely unchanged in after-hours trade Wednesday, after the electric car maker posted a wider-than-expected first-quarter loss on an adjusted basis.
The company blamed the dip on struggles to deliver its key Model 3 car to Europe and China, while demand slipped following the end of a tax credit for buyers in January. Tesla warned it will not return to profitability before the second half of this year.
Evercore ISI Group recently downgraded Tesla to an underperform rating and Head of Global Automotive Research, Arndt Ellinghorst, told CNBC's “Street Signs” that the firm's latest update confirmed his view about the risk of cash burn and liquidity at Tesla.
“If you claim that demand is huge and unlimited then the key question is, why do you lower your mix? Why do you lower your pricing?” Ellinghorst added.
The analyst said that in his call to investors, Tesla CEO Elon Musk had not been very clear about a pricing strategy to maintain demand. He added that the Model S, first introduced in 2012, and the SUV model X which debuted in 2015, were now starting to look “quite old.”
“I mean the S and the X are quite advanced in any normal life cycle of a product so they would really need significant refresh in order to restore the pricing.”
Tesla introduced the Model 3 sedan in 2017 and unveiled a compact SUV, known as the Model Y in March this year.
The Model Y is an attempt to tap into the hugely popular SUV market that dominates the U.S. car market in particular.
“We'll probably do more Y than S, X, and 3 (sales) combined,” Musk claimed in March. By the time the Model Y comes to market in 2020 that would equate to more than 1 million vehicles.
Ellinghorst said both the Model 3 and Model Y would attract buyers but Musk's promise of a million of sales looked unrealistic. He said pressure from rival German automakers would make it difficult to enter the car markets of Europe and China with any real scale.
“The brand will be less exclusive than it has been in the past,” he said.
Tesla explains loss during quarter
6:08 PM ET Wed, 24 April 2019 | 04:56
Tesla said it lost $702 million on an adjusted basis, or $4.10 a share, in the first quarter while revenue reached $4.5 billion. The company also ended the quarter holding $1.5 billion less than at the end of 2018.
The stock price is down more than 22% year-to-date but Ellinghorst said at around $257 per share it is still too pricey.
“It is priced for growth and we don't see how that growth is going to be financed.”
The analyst added that Musk had “opened the door” to fresh equity but investors might now be less interested given the recent reduction in both demand and pricing.
Disclaimer: Ellinghorst, his colleagues, and the Evercore company as a whole do not own a stake in Tesla.
Ford claims it will have 100 self-driving cars on the road by the end of the year
Richard Levine | Getty Images
A Ford advertising billboard in New York City in January 2016
Ford aims to have 100 self-driving vehicles on the road by the end of the year, its president of mobility said on Thursday.
After reporting a top- and bottom-line earnings beat, Ford's Marcy Klevorn said on the company earnings call that the automaker's autonomous vehicle efforts are going well in Miami and Washington, D.C.
Klevorn said Ford makes an effort to test its autonomous vehicles in cities with a “really difficult setting to prove capability.” Compared to some of its competitors, like Tesla and GM, Ford said it prefers testing in places with seasonal weather changes and intense urban challenges.
Klevorn said Ford is focusing more on “complex miles” than point-A-to-point-B miles in an area where everyone is retired and the roads don't change a lot. The company will begin testing in a third city later this year.
The company announced in March that it would build a new factory in Michigan to expedite its autonomous vehicle efforts. Rival self-driving car companies, like Tesla and Waymo, are also expanding road tests.
Ford jumps 4% on strong first-quarter earnings
Daniel Acker | Bloomberg | Getty Images
The Ford Motor Co. Mustang Shelby GT500 vehicle is displayed during the 2019 North American International Auto Show (NAIAS) in Detroit, Michigan,.
Ford's first-quarter earnings beat Wall Street estimates even as the industry grapples with falling sales while investing billions of dollars in new technology to develop autonomous and electric vehicles.
Ford's stock was up more than 3% in extended trading Thursday.
Here's how the company did compared with what Wall Street expected, based on average estimates compiled by Refinitiv:
Adjusted earnings per share: 44 cents vs. a forecast of 27 cents per share
Automotive segment revenue: $37.24 billion vs. a forecast of $37.08 billion
The company's total revenue was $40.34 billion during the quarter, lower than its $41.96 billion in revenue during the same quarter last year.
On an unadjusted basis, Ford's profit slid 34% from the year earlier. It earned $1.15 billion, or 29 cents a share, down from $1.74 billion, or 43 cents a share, during the same quarter last year.
Ford shares are up more than 23% year to date; however, they are down about 15% over the past 12 months.
The Detroit automaker continues to struggle overseas as demand falls across the industry in the U.S. North American profits were $2.2 billion.
The quarterly numbers come amid Ford's $11 billion restructuring plan, with an aim to slash costs by $14 billion over the next five years. The plan involves focusing on Ford's historically strongest segments like trucks, utilities, and muscle cars, while scaling back international operations, investing in new technologies, and featuring more profitable vehicles.
Ford announced Wednesday it has invested $500 million in electric truck maker Rivian to build a battery-powered electric vehicle.
The stock closed at $9.41 a share on Thursday.
The company is holding a conference call with CEO Jim Hackett and other executives at 5:30 p.m. ET to discuss the results.
This story is breaking news. Please check back for updates.
Elon Musk says Tesla will launch an insurance product in about a month
Jim Watson | AFP | Getty Images
Elon Musk
Tesla CEO Elon Musk said the electric car maker may soon roll out an insurance product.
When asked during a Wednesday earnings call if Tesla is considering launching an insurance program, Musk says the company is working on one.
“The answer is yes we are creating a Tesla insurance product and we hope to launch that in about a month. It will be much more compelling than anything else out there,” he said.
Tesla explains loss during quarter
1 Hour Ago | 04:56
In response to a subsequent question about the safety of Autopilot, Musk said Tesla gives more details about safety to insurance companies.
“We do give some more detailed information to insurance companies to help with rates. And obviously as we launch our own insurance product next month, we will certainly incorporate that information into the insurance rates,” Musk said.
Tesla has access to “direct knowledge of the risk profile of customers based on the car,” Musk said. This gives the company a significant “price sort of arbitrage or information arbitrage opportunity,” he explained.
Musk said, if potential Tesla customers “want to buy Tesla insurance, they have to agree to not drive the car in a crazy way — or if they can, but then the insurance rate is higher.”
CNBC has reached out to Tesla for further information about the program, but did not immediately receive a response as the call was ongoing.
The comments come after Tesla reported a wider-than-expected loss in the first quarter. The company had previously warned that income for the quarter would “be negatively impacted” by “lower than expected delivery volumes and several pricing adjustments.
The stock was volatile after hours and was last seen about flat with its closing price as more than 1.8 million shares changed hands.
WATCH: Tesla loses $2.90/share, revenue light, as well
Tesla loses $2.90/share, revenue light, as well
39 Mins Ago | 08:05
GM wanted too much from EV start-up Rivian, opening door for Ford’s $500 million investment
Adam Jeffery | CNBC
Rivian EV Pickup Truck.
Ford's $500 million investment in electric truck maker Rivian became a possibility shortly after the start-up's talks with Detroit rival General Motors broke down about eight weeks ago, according to a senior executive at Rivian.
It was widely speculated, and reported, that GM was looking at Rivian. In the end, GM wanted too much — exclusive rights to the start-up's technology, said the executive, who declined to be identified because the talks were private.
Ford is investing $500 million in electric truck maker Rivian
2 Hours Ago | 01:29
Ford's opening came after GM, which didn't respond to a request for comment, refused to budge. Rivian CEO RJ Scaringe already had a personal friendship with one of Ford's board members, a classmate from the Massachusetts Institute of Technology. And Ford made him a deal that allows Rivian to move ahead with plans to develop its own brand and dealer network and potentially sign up other automotive partners. No such deals are currently planned, Scaringe told reporters on a conference call Wednesday.
The investment in Rivian is “consistent” with Ford's own electrification program, the 116-year-old automaker's CEO Jim Hackett said on the call. Ford last year announced it would invest $11 billion to develop battery-based vehicles, including hybrids, plug-ins and pure battery-electric models. The Rivian investment will come on top of that previous figure.
“I think Ford sees multiple areas of potential benefit,” said Stephanie Brinley, principle automotive analyst with IHS Markit.
At the Los Angeles International Auto Show in November, Rivian unveiled two battery-electric vehicles, or BEVs, the R1T pickup and the R1S sport-utility vehicle. Both ride on a flexible, skateboard-like platform in which batteries, motors and other key components are mounted below the floorboard.
The layout has a number of advantages. Not only does it lower a vehicle's center of gravity — enhancing handling — but it frees up space normally devoted to an engine compartment for adding passenger and cargo space. Both the R1T and R1S, for example, have “frunks,” or front-mounted trunks.
Adam Jeffery | CNBC
Rivian EV SUV.
The first-generation of Ford's electrified vehicles, which includes full battery power and hybrids, sacrificed passenger and cargo space to make room for batteries and other components. That is a problem that the automaker aims to address as it gets ready to roll out a second-generation of products that also will deliver more than 200 miles in range, or at least double what products like the current Ford Focus EV can manage between charges.
“Ford is going to use Rivian's flexible skateboard platform to develop an all-new, next-generation battery-electric vehicle,” Hackett told reporters.
But neither he nor other Ford and Rivian officials would discuss specifically what sort of vehicle they are working on. They noted that Ford is already well along in the development of a high-performance electric SUV that is set to debut next year, as well as an all-electric version of the popular Ford F-150 pickup.
The Rivian platform will be used for a different product line, said Joe Hinrichs, Ford's president of automotive operations. Industry analysts say the Rivian platform could eventually be used for other electric vehicles at Ford to help maximize economies of scale. But there is at least one obstacle that could limit future applications, said Brinley, of IHS Markit, the potential capacity of Rivian's assembly plant.
The start-up last year acquired the old Mitsubishi assembly plant in Normal, Illinois. The facility that has a production capacity of about 250,000 vehicles — or platforms — annually, according to Scaringe. Rivian itself is hoping to sell between 70,000 and 80,000 of its R1T and R1S models annually, and it is working up additional products that could eat up even more of that capacity.
Rivian is also developing vehicles for Amazon. It announced a separate, $700 million investment deal in February with a consortium led by the online retailer. Specific plans have not been revealed, but the electric car maker is believed to be working on some sort of delivery truck for Amazon, said Sam Abuelsamid, an analyst with Navigant Research. And they could use autonomous driving technology developed by two self-driving start-ups Amazon has also invested in.
Rivian will use its Normal plant to produce the platforms Ford plans to use. They will then be shipped to a Ford assembly plant for the rest of the assembly process — though the Detroit automaker did not offer further details. But the number of skateboard vehicle frames available to Ford could be limited unless Rivian expands capacity or lets Ford produce them elsewhere, analysts said.
Rivian
Even if Ford only can produce a limited number of vehicles using the Rivian technology, the deal could prove to be a sound investment, Brinley said. Both companies plan to share intellectual property, and Rivian could help Ford learn how to speed up its own EV developments. In turn, Ford could teach its new partner a lot about mass production.
The deal could also pay off handsomely if Rivian becomes a success, Ford standing to share in some of its future profits. Then, said Brinley, Ford also could wind up making a handsome return on its investment sometime down the road if Rivian were to go public. Both Daimler AG and Toyota generated significant profits on their early investments in Tesla, she noted. And General Motors stands to be well rewarded if it eventually sells off its stake in ride-sharing service Lyft, which staged its own IPO in March.
Rivian CEO Scaringe also said he could be interested in acquiring some of the self-driving vehicle technology being developed by Ford's artificial intelligence subsidiary Argo AI at some later date.
The deal does have a potential downside, however. Rivian has yet to actually sell any vehicles using its technology. And the market for plug-based vehicles remains small. BEVs, in particular, accounted for barely 1% of the U.S. market in 2018. But demand doubled in the U.S. and is growing even faster in China, now the world's largest market for zero-emissions vehicles.
The back-to-back Ford and Amazon investments, collectively totaling $1.2 billion, offer “a fair amount of validation” that Rivian is on the right path, said the start-up's senior executive, asking not to be identified by name.
As for CEO Hackett, he said he is confident that Ford's investment in Rivian is the right step to take “as we move toward a sustainable future.”
Paul Eisenstein/CNBC
Rivian CEO RJ Scaringe with R1T electric pickup at the 2019 LA Auto Show.
US expands probe into airbag failures to 12.3 million vehicles
Shiho Fukada | Bloomberg | Getty Images
A Toyota Motor worker at the production line in the company's Motomachi plant in Toyota City, Aichi, Japan, on July 26, 2018.
U.S. auto safety regulators have expanded an investigation into malfunctioning airbag controls to include 12.3 million vehicles because the bags may not inflate in a crash. The problem could be responsible for as many as eight deaths.
Vehicles made by Toyota, Honda, Kia, Hyundai, Mitsubishi and Fiat Chrysler from the 2010 through 2019 model years are included in the probe, which was revealed Tuesday in documents posted by the National Highway Traffic Safety Administration. It involves airbag control units made by ZF-TRW that were installed in the vehicles.
The control units can fail in a crash, possibly because of unwanted electrical signals produced by the crash itself that can disable an airbag control circuit housed in the passenger compartment, according to NHTSA documents. The electrical signals can damage the control circuit, the documents say.
ZF, a German auto parts maker which acquired TRW Automotive in 2015, said in a statement that it's committed to safety and is cooperating with NHTSA and automakers in the investigation.
The case is another in a long list of problems with auto industry airbags, including faulty and potentially deadly Takata airbag inflators. At least 24 people have been killed worldwide and more than 200 injured by the inflators, which can explode with too much force and hurl dangerous shrapnel into the passenger cabin. The inflators touched off the largest series of automotive recalls in U.S. history involving with as many as 70 million inflators to be recalled by the end of next year. About 100 million inflators are to be recalled worldwide.
On April 19, NHTSA upgraded the ZF-TRW probe from a preliminary evaluation to an engineering analysis, which is a step closer toward seeking recalls. So far, only Hyundai and Kia and Fiat Chrysler have issued recalls in the case. Four deaths that may have been caused by the problem were reported in Hyundai-Kia vehicles and three in Fiat Chrysler automobiles. NHTSA opened an investigation in March of 2017 involving the TRW parts in Hyundais and Kias.
The upgrade came after investigators found two recent serious crashes involving 2018 and 2019 Toyota Corollas in which the airbags did not inflate. One person was killed.
Jason Levine, executive director of the Center for Auto Safety, a nonprofit consumer group, said the ZF-TRW case shows the auto industry thus far has learned very little from Takata.
“A single supplier of an important safety component provided what appears to be a defective part across multiple manufacturers and 12 million cars,” Levine said. “While the first fatality reports emerged three years ago, it has taken a higher body count for more significant action to be taken by NHTSA and most impacted manufacturers remain silent. The industry needs to do better.”
A message was left Tuesday seeking comment from NHTSA.
In the ZF-TRW investigation documents, NHTSA said that it didn't find any other cases of electrical interference in Hyundai, Kia or Fiat Chrysler vehicles that used the ZF-TRW system but were not recalled. Also, the agency has not identified any other cases of electrical interference in other Toyotas including Corollas, since the company started using the ZF-TRW parts in the 2011 model year. In addition, no electrical interference cases have been identified in Honda or Mitsubishi vehicles with the same parts, the agency said.
NHTSA will evaluate how susceptible the airbag control units are to electrical signals as well as other factors that could stop airbags from inflating. The agency also “will evaluate whether an unreasonable risk exists that requires further field action.”
Last year, Hyundai and Kia recalled nearly 1.1 million vehicles because of the problem, about a year after NHTSA opened its investigation.
Kia vehicles covered included 2010 through 2013 Forte compact cars and 2011 through 2013 Optima midsize cars in the U.S. Also covered are Optima Hybrid and Sedona minivans from 2011 and 2012. Recalled Hyundai vehicles included 2011 through 2013 Sonata midsize cars and the 2011 and 2012 Sonata Hybrid.
In 2016, Fiat Chrysler recalled about 1.9 million vehicles worldwide including the 2010 Chrysler Sebring, the 2011 through 2014 Chrysler 200, the 2010 through 2012 Dodge Caliber, the 2010 through 2014 Dodge Avenger, the 2010 through 2014 Jeep Patriot and Compass and the 2012 and 2013 Lancia Flavia.
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