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SEC backs ‘social bonds’ to help fund recovery efforts

THE Securities and Exchange Commission (SEC) said it is encouraging bond issuers to tap the social bond market to help support economic recovery efforts.

In a statement Tuesday, the regulator said the proceeds of such bond issues could help contain the socioeconomic impact of the pandemic and build resilience against future shocks.

“COVID-19 has given rise to serious socioeconomic issues globally, pushing enterprises to the brink of failure and leaving millions of people jobless,” SEC Chairman Emilio B. Aquino said in the statement.

“The social bond market could boost our response to and recovery from the pandemic by unlocking the much-needed capital for the promotion of public health, reopening of businesses and preservation of jobs, among others,” he added.

A social bond’s proceeds are directed towards projects directly addressing specific social issues.

Last week, the SEC approved the social bond issue plans of the Bank of the Philippine Islands (BPI), which aims to raise at least P3 billion from what it calls COVID Action Response (CARE) Bonds.

Proceeds from the CARE Bonds will go towards supporting eligible micro, small and medium enterprises.

The SEC said such bonds may help generate funds for loans to small businesses to support employment and prevent job losses.

“While they seek to achieve positive social outcomes for target populations, social bonds may likewise finance projects that address the needs of the general population, given the far-reaching impact of the COVID-19 pandemic and any resulting socioeconomic crisis,” the SEC said, citing the International Capital Market Association.

Financial institutions such as BPI may use proceeds from social bonds to provide loans for small businesses. In other cases, such as for pharmaceutical firms, the bonds could support research and development to find treatments for COVID-19 (coronavirus disease 2019). Manufacturers could receive support in producing safety equipment and hygiene supplies.

“We hope more companies will explore the social bond market to pursue socially-relevant and impactful projects, especially in this time of unprecedented global health and economic crisis,” Mr. Aquino said. — Denise A. Valdez

Cash-strapped start-ups looking to tap large companies for investment

QBO_startup2
Facebook/QBOphilippines

START-UPS struggled during the lockdown because of restrictions on movement and declining cash, and are now looking to companies to partner with and provide investment, QBO Innovation Hub President Rene S. Meily said.

Start-ups, he said in an online interview Wednesday, typically cannot go to banks for financing because they lack collateral. Their traditional recourse, he said, is to offer equity or issue convertible notes.

Mr. Meily said technology-based start-ups have advantages that can be attractive to corporations.

“Investors are looking for start-ups to invest in, and I know from personal experience that corporations understand that there’s a new future engulfing us much faster than we expected and they’re looking for companies — start-ups in particular — that they can either purchase or partner with so that they can join this new digital future.”

He said more Filipinos are now relying on technology, with goods delivery and e-learning wide open to new entrants which start-ups can pivot to.

Some industries are still growing despite the pandemic and are looking to partner with start-ups, Mr. Meily said.

“There are many companies cutting costs but there are certain companies that are also doing relatively well, and it’s the companies that have cash. Their industries are still doing fine. For example telecommunications… and I do know that they’re looking in particular at start-ups that they can fund and invest in and grow.”

Anita Tiessen, chief executive officer of Youth Business International, said in an interview that the immediate crisis for most businesses during the pandemic is liquidity.

“I think if you were operating within the sectors that were still considered essential… or organizations that were able to pivot into that space, then they generally found ways of operating. Those that were doing more leisure and hospitality industries, anything that was face-to-face, were struggling the most,” she said.

“But even there we’ve seen some interesting examples of people who have gone online or turned, for example, restaurants to local supermarkets,” she added.

QBO is retaining its target of on-boarding nearly 150 new start-ups in 2020 to en route to an eventual target of 500 start-ups. Mr. Meily said QBO plans to accomplish this through continued online mentoring sessions, government partnerships, and working with Youth Business International on a competition that will fund start-ups that are working to address needs that arose during the pandemic or have something to offer in the field of sustainability.

The competition, which awards P100,000 each to 10 winners, is part of Youth Business International’s Rapid Response Recovery Program, which is funded by Google.org.

“The whole focus is immediate support, helping businesses into recovery but also adapting what that support looks like in each country’s context,” Ms. Tiessen said. — Jenina P. Ibañez

Pandemic seen as opportunity for start-ups with urgently needed offerings

THE COVID-19 (coronavirus disease 2019) pandemic is an opportunity for start-ups with products that address urgent needs to bypass the usual hurdles and hit the ground running with full government support. This was the key message of speakers at a BusinessWorld Insights online forum moderated by StartUp Village director Carlo Calimon.

“Categorically, this is the best time to be a start-up. There is no bureaucracy, there is extreme urgency, and people seem to be open-minded,” said Winston Damarillo, Talino Venture Labs CEO and Amihan Global Strategies executive chairman.

Mr. Damarillo was a panelist at the BusinessWorld Insights SparkUp Entrep Series, which tackled “The Next Frontier in Innovative Business.”

Mr. Damarillo compared the public health emergency to the dot-com bubble of the late 1990s and the 2008 financial crisis, which spawned both winners and losers.

Mr. Damarillo said he is betting on start-ups with business models geared towards seting up pass systems based on QR codes, and streamlining the distribution of financial assistance and donations.

James Lette, Manila Angel Investors Network executive director, added: “This could be the time when the unicorns of tomorrow are being formed,” referring to the term for start-ups that eventually hit the market at valuations of $1 billion an above.

Initially, “the gut reaction was to tighten wallets and see what happens,” said Bit Santos, Kickstart Ventures portfolio director. “Fortunately, there emerged new opportunities. Life has to go on. Consumers are consuming but differently — and you have to figure out in which ways.”

Many of these opportunities are online because of the reluctance to leave the home because of safety fears, and a market has opened up for companies helping small firms complete their online migrations after adopting stopgap measures when the lockdown was announced.

“We realize that our services are essential now more than ever for our clients to continue their business. We are putting all our best efforts in tailor-making solutions for businesses as they pivot,” said Mitch Locsin, PLDT Enterprise first vice-president and sales head.

QBO Innovation Hub director Katrina Chan, meanwhile, said QBO found in a survey that a fifth of start-ups were struggling to meet outsized surges in the e-commerce and delivery services sectors.

A further 60-80% reported that they were adversely affected by the lockdown and are retooling with more robust solutions. “We at QBO are watching this closely and are working with the government to ensure the survival — if not growth — of the community,” she said.

Eunice Braga, external relations manager of IdeaSpace Foundation, said that the start-up system is at an inflection point, particularly those firms dealing with sanitation, health, education, and farming.

Capitalizing on these opportunities, however, will need public-private partnerships. “This pandemic underscores the importance of the government’s role as we reboot. There is a lot of infrastructure we still don’t have. We need a digital ‘Build, Build, Build,’ and I advise start-ups to seek out these opportunities,” Mr. Damarillo said. — Patricia B. Mirasol

BGC-Ortigas link bridge 53% complete, on track for Q1 launch

THE Department of Public Works and Highways (DPWH) said Tuesday that the P1.6-billion project that will connect Bonifacio Global City (BGC) and Ortigas Center is now about 53% complete.

“It’s at about 53% at this stage,” DPWH Build, Build, Build Chairman Anna Mae Y. Lamentillo told BusinessWorld by phone.

She said the project is targeted for completion by the first quarter of 2021. “But I think we might be ahead of schedule.”

DPWH Secretary Mark A. Villar has said traveling between the central business districts of Taguig and Pasig Cities will only take 10 to 12 minutes once the project is completed.

Congestion on EDSA and C-5 Road, particularly along Guadalupe Bridge and Bagong Ilog Bridge, will be reduced by about 25%, he added.

The BGC-Ortigas Center Link Road Project, which was started in July 2017, involves the construction of a four-lane bridge across the Pasig River connecting Sta. Monica Street in Pasig City and Lawton Avenue in Makati City, as well as a viaduct traversing Lawton Avenue to the entrance of BGC.

Public and private construction projects have been allowed to resume under more relaxed forms of community quarantine, but workers must be housed and fed onsite and observe physical distancing rules, among other requirements for construction work during the pandemic.

Mr. Villar’s Department Order 35 sets rules for carrying out infrastructure projects during the pandemic.

POEA sets insurance requirement for OFW truck drivers

OVERSEAS workers driving trucks in Europe are now required to work only for employers that provide accident and vehicle insurance, the Philippine Overseas Employment Administration (POEA) said.

In Memorandum Circular No. 14, series of 2020 dated June 23, the POEA said the foreign employer or principal must provide such insurance to truck drivers working in Europe.

They are also responsible for obtaining the worker’s drivers license and should not charge for it, and for providing personal protective equipment.

The POEA set the maximum workday at nine hours, with two 10-hour shifts permitted each week. It also ordered that weekly driving time not exceed 56 hours and capped driving time over any two consecutive weeks at 90 hours. — Gillian M. Cortez

Rural electrification projects face delays due to quarantine

THE National Electrification Administration (NEA) said around 187 rural electrification projects in rural communities are facing completion delays due to quarantine restrictions.

Merong mga 187 sitios na hindi kaya dahil talagang nahuli na walang available na mga materyales tapos nung nag-lockdown hindi makabyahe ‘yung mga contractors (about 187 locations could not transport materials or were prevented from bringing workers in),” NEA Administrator Edgardo R. Masongsong was quoted as saying in a statement Tuesday.

Projects in 457 sitios, a sub-unit of barangays, are currently under construction, out of about 841 due to be powered up under the government’s electrification program.

Earlier, NEA said the completion of the P153-million off-grid solar project that is set to power 5,000 households nationwide was also disrupted by the delayed delivery of solar panels.

Off-grid solar systems are due to be built in the coverage areas of five electric cooperatives: Busuanga Island Electric Cooperative, Inc. (BISELCO), Camarines Sur IV Electric Cooperative, Inc. (CASURECO IV), Iloilo III Electric Cooperative, Inc. (ILECO III), Cotabato Electric Cooperative, Inc. (COTELCO), and Zamboanga del Norte Electric Cooperative, Inc. (ZANECO).

The NEA estimates that 1.83 million households still without power in the Philippines.

It estimates the national electrification rate by number of households is 96%, or 13.71 million households out of the 14.34 million. — Adam J. Ang

Environmental stewardship strategies for green economic recovery

The COVID-19 pandemic has caused economies to fall. To bounce back, the Philippines has adopted a whole-of-society approach in turn-around management. A basic advantage of the Philippines is its cohesive private sector that has taken the lead and has quickly channeled resources towards the most vulnerable communities. This softened the impact on the people especially during the early weeks of the lockdowns.

The Philippine government, like all others around the world, was unprepared for the pandemic but, nevertheless, enforced policies and social amelioration measures to help people get by. After many months of suspended economic activity, it is time to get up and move again. But instead of just kick-starting the economy, a calibrated shift to a green economic recovery makes good practical sense. As the world tries to overcome the pandemic through a “back-to-basics” and green lifestyle, there is a great opportunity to sustainability change the wasteful economy we have all been used to.

During a virtual discussion recently organized by the think tank Stratbase ADR Institute and the Philippine Business for Environmental Stewardship, Congressman Elpidio Barzaga, Jr., together with Undersecretaries Juan Miguel Cuna and Analiza Teh of the Department of Environment and Natural Resources (DENR), called for greater stakeholder involvement towards a green economic recovery, which promotes sustainable development and ensures that the environment is not compromised.

Mr. Cuna stated that the country’s recovery period is an opportunity to transition to a new socio-economic model that is climate-neutral, resilient, sustainable, and inclusive. He reported their push for possible legislative initiatives such as amending the Ecological Solid Waste Management Act of 2000 and the Wildlife Act. Likewise, Ms. Teh underscored the need to structure systems that would enable people to live with smaller carbon footprints, particularly by investing in sustainable infrastructure to ensure long-term impacts. The government should also develop economic recovery packages to support the most vulnerable sectors and promote innovations for clean energy.

The 2011 Green Economy Report of the United Nations Environment Program states that “to be green, an economy must not only be efficient, but also fair.” Being fair means recognizing a country’s peculiarities in transitioning to an economy that is less dependent on carbon and more efficient in the use of resources. Most importantly, the shift to a green economy should be socially inclusive.

Some private business groups that have embraced the call for a green economy are Coca-Cola Philippines, Metro Pacific Investments, Prime Metroline Infrastructure Holdings Corp., Meralco, the Chamber of Mines of the Philippines, and the Ayala Group. These companies commit to the principle that sustainability is not just a statement for corporate social responsibility; rather, it is integral to their business models. Human, economic, and environmental health must harmonize with business decisions and operations. Companies must go beyond their core services to provide for those who are in need.

It is imperative to shift from the linear model to the circular economy. There is an increasing need to invest in the long term and focus on infrastructure to better the lives of the people. Even the government’s “Build, Build, Build” infrastructure development program could take some better turns with the construction of large covered elevated walkways along EDSA and other high-traffic areas instead of just highways for motorists. Local governments can probably replicate the Ayala Group’s transformation of the Makati central business district to encourage a healthy “walking culture” by building elevated walkways linking the workplace to public transport terminals.

Green growth is not limited to the use of electric vehicles and online activities such as virtual meetings, work-from-home arrangements, or e-commerce. It encompasses a wide range of behavioral lifestyle choices.

Indeed, as what Stratbase ADR Institute President Prof. Dindo Manhit stated during the virtual discussion, the emerging green sector can be tapped to generate jobs for workers who have been displaced due to the COVID-19 pandemic. The government could provide fiscal and non-fiscal incentives to attract green investments and projects that would not only contribute to economic growth, but also help conserve the environment and our natural resources. Public-private partnerships (PPPs) is the right fit for these ventures to materialize.

Collective effort towards reviving the economy will need the right policies and infrastructure to support this kind of sustainable turn-around. Once sustainability has been deeply embedded in business operations and in our everyday lives, then not only will costs be minimized, but the destruction of our planet can be averted as well. Along this line, environmental stewardship must be the centerpiece in creating a better and more resilient new normal.

The disruptions of the COVID-19 pandemic punctuate the urgency to change our ways. With a private sector that takes the initiative and the people’s support, the government should focus on creating the policy infrastructure to get things done well and swiftly.

 

Venice Isabelle Rañosa is the Research Manager at Stratbase ADR Institute.

NAIA: Testament to a hero’s courage

A comrade during my politically active EDSA Revolution days reminded me once to keep in mind that we Filipinos have such short memories. How right he was. Barely a generation has passed and already a bill has been filed in Congress by no less than the son of the President to nullify a gesture made by our country to honor a martyred hero on the very site of his assassination, our international airport.

Former Senator Benigno “Ninoy” Aquino, Jr.’s funeral cortege on Aug. 31, 1983 took all of 12 hours — from 9 a.m. to 9 p.m. — to traverse the distance from Santo Domingo Church in Quezon City to the Manila Memorial Park in Parañaque. Hundreds of thousands of our people marched for hours to honor Ninoy’s incredible sacrifice. His arrival speech, which he was unable to deliver, ended with the statement “The Filipino is worth dying for.”

The memorial plaque on the tarmac at the Ninoy Aquino International Airport, on the precise site where he was shot, has the following inscription: “On this spot Benigno ‘Ninoy’ Aquino was assassinated on 21 August 1983. It is eternally enshrined: for wherever a martyr has shed his blood for truth, justice, peace and freedom there is sacred ground. The sun cannot bleach, the wind cannot blow, the rain cannot wash that sanctity away. From the ground like this springs that which forever makes the Filipino great.”

An initiative of the Ninoy Aquino Movement (NAM) led by the late Senator Heherson Alvarez, the renaming of the airport was based on Republic Act 6639 dated Nov. 27, 1987 (Ninoy Aquino’s birthday). Out of her typical delicadeza (an alien concept, it seems, these days), then President Corazon Aquino did not sign the bill but she did not veto it; so it lapsed into law and was carried out.

Let us be kind. Let us assume that Paolo Duterte and his cohorts and co-sponsors of House Bill #7031 (Congressmen Lord Allan Velasco and Eric Yap) are not motivated by political malice, but by ignorance. They were all too young to appreciate the gravity and significance of what Ninoy Aquino fought and died for. They have no inkling of the sacredness of that hallowed ground.

They probably have no memory of the seven years and seven months of Ninoy Aquino’s forced incarceration, from the declaration of Martial Law by the dictator Ferdinand Marcos in September 1972 to his family’s departure for the United States where he had heart bypass surgery. They cannot have been conscious of Ninoy’s solitary confinement in Nueva Ecija together with the late and also heroic and brilliant Senator Jose Diokno. Perhaps they have never heard about the 40 days of protest fasting against his military trial that Ninoy Aquino went through while in jail. All those years, the hero could have chosen to give up his protest and obtain his release to be with his young family by accepting the dictator’s conditions. But he obstinately refused to compromise. He was convicted for murder, illegal possession of firearms, and subversion by a military tribunal together with NPA leader Bernabe (Dante) Buscayno and rebel Lt. Victor Corpus. However, the politically astute Marcos did not carry out the penalty of death, conscious perhaps of the powerful impact it would have on the Filipino people. After all, the execution of our national heroes — Jose Rizal at the Luneta and the Gomburza (Filipino rebel priests Gomez, Burgos and Zamora) in what is now Trece Martires in Cavite — led to the revolution against Spain. There is historically a demonstrated limit to the Filipino people’s tolerance of abuse.

The story of Ninoy Aquino’s life from the time he was 18 years old is an extraordinary one of audacity and true courage. As a teenager, he volunteered to be a war correspondent in Korea. When he was barely into his twenties, he was a consultant to President Ramon Magsaysay who trusted him enough to let him negotiate the surrender of Hukbalahap founder Luis Taruc, which he accomplished. He became the country’s youngest mayor, then governor of Tarlac. Barely qualified by age, he was eventually elected senator where his articulate audacity was soon discovered; and he became a media celebrity and was clearly presidential timber.

National heroes Jose Rizal and Ninoy Aquino demonstrated their courage in their willingness to die for their principles and love for their country. Today, “courage” is brazenly demonstrated by a willingness to kill or to order killings of fellow Filipinos. And based on political surveys, this kind of behavior is approved of, or at least not condemned by Filipino voters. The Marcos family and many of their cronies and their descendants are back in power and big business. How did we come to this?

Perhaps the delicadeza of Presidents Cory Aquino and her son, Benigno (Noynoy) Aquino III deterred them from pushing for memorials and educational campaigns regarding Martial Law, the threats to human rights, the rule of law (not of men), freedom of expression, including press freedom and other provisions of our Constitution.

What can the private sector do?

Perhaps the private sector should take it upon itself to launch educational projects and memorials to educate and remind our people of our democratic rights and responsibilities. We cannot leave this to the government or the politicians who are not likely to be objective. After all, democracy is not granted to us. We the citizenry need to be vigilant and to constantly earn and protect it. We have lost these freedoms before, and now seem to be in the process of losing them again. Our history is replete with heroes who have died to defend them. Can we let their sacrifices be in vain? Are we really worth dying for?

To start with, here is a concrete suggestion from a good friend. How do we sharpen and lengthen our short memories? Civil society could mobilize resources to build a Martial Law museum soon, before the generations that experienced it have passed away. This is urgent. We owe it to our children and their descendants. It has been said often enough that those who cannot remember their mistakes are bound to repeat them.

 

Teresa S. Abesamis is a former professor at the Asian Institute of Management and Fellow of the Development Academy of the Philippines.

tsabesamis0114@yahoo.com

Gilead sets a good-enough bar with COVID-treatment price

By Max Nisen

PRICING a new medicine aimed at taming a pandemic is one of the touchiest scenarios imaginable for a drug company. Set the price too high, and the world will assail you for price gouging. Too low, and you risk bleeding money and investors. No decision will ever make everyone happy, but Gilead Sciences, Inc.’s price for its COVID-19 treatment remdesivir is a solid attempt.

According to details released by Gilead on Monday morning, a five-day course of remdesivir will cost about $2,340 in developed nations, including US plans administered by the government. Private insurers will pay a steeper $3,120 in America. Developing nations will pay significantly less after Gilead in May decided to let generic drug makers make a cheaper version of remdesivir for low-income nations that could cost as little as $600 a course.

The developed-world price will attract critics, and the price gap with generics will grate. However, it’s substantially lower than what Gilead could charge. Not maximizing profit in a pandemic is a low standard, but it’s a good sign that the first drugmaker to the finish line cleared it.

There’s no set formula for pricing medicines; drugmakers often charge what they think will be most profitable in different markets. A pandemic throws the usual priorities into disarray. Any effective medicine is dramatically more valuable, given enormous demand, but that same demand creates an imperative to avoid pricing that makes the drug less accessible. Meanwhile, companies also have to pour extra resources into development and expanding supply. Gilead, for instance, may spend as much as $1 billion on remdesivir this year. So it’s a tricky balance.

Some argue for a price that doesn’t do much more than recoup input costs. Given the need to incentivize further rapid research on treatments, that’s an unrealistic and arguably misguided expectation. The Institute for Clinical and Economic Review (ICER) — an independent group that does cost-effectiveness analysis on medicines — has suggested that a reasonable price range for a full course of remdesivir ranges from $4,580 to $5,080, well above where Gilead settled on.

Gilead’s pricing looks less generous, though, without a somewhat optimistic read of the data. ICER’s base calculations don’t account for broad use of the potentially life-saving steroid dexamethasone and assume that remdesivir prevents deaths, something that hasn’t been conclusively proven. Without those assumptions, its estimated fair price drops significantly, to as little as $310. What’s more, though a Gilead study suggests five days of infusion may be as good as a longer course, some patients may get a full 10 days, increasing the effective price.

In an open letter published Monday about the pricing decision, Gilead CEO Daniel O’Day wrote that the drug’s ability to reduce hospital stays by four days equates to savings of $12,000 per patient in the US. By that analysis, which excludes any other benefits, the drug is priced well below its value and likely cost in a less fraught environment. The letter is pretty clearly an effort to anchor the debate in a way that flatters Gilead; America’s wildly inflated hospital prices are perhaps not the best pricing benchmark.

This is still the sort of analysis drugmakers routinely use to justify prices that leave ICER estimates in the dust. Gilead is clearly showing some degree of restraint, especially given that some analysts suggested a higher figure. The company may also have a limited window of peak sales. Demand is likely to fall off if a vaccine or better options arrive.

There’s no perfect price for medicine, especially right now. However, especially when you factor in the availability of generics in the parts of the world where the price is a bigger impediment to access, Gilead did a decent job of walking a difficult tight rope.

The company set a bar that other drugmakers at least need to match, and hopefully will exceed. Anything less will be tough to justify.

BLOOMBERG OPINION

It’s Zuckerberg and Facebook’s time to bend

By Tae Kim and Alex Webb

MARK ZUCKERBERG has a problem, and he can fix it.

Public furor over Facebook, Inc.’s content policies has led some of its biggest advertisers to take action, with brands from Starbucks Corp. to Unilever, Coca-Cola Co. and Verizon Communications, Inc. all vowing to pull ads from the social media giant’s namesake Facebook platform as well as Instagram for at least the month of July. The move was initially spurred by a campaign led by a coalition of civil rights groups — including the Anti-Defamation League and NAACP — to force Facebook to do more to curb hate speech and language promoting violence. As the effort has gained traction, the numbers joining the boycott are increasing on a daily basis. On Monday afternoon alone, Best Buy Co. said it would pause its ad spending on Facebook, while Axios reported that Microsoft Corp. had suspended its advertising as well.

Facebook has come in for criticism about its practices before and got past it largely by riding out the negative publicity while offering some incremental fixes. For example, Facebook already survived the Cambridge Analytica data-privacy scandal a couple years ago without serious long-term ramifications. And so, Zuckerberg may be tempted to hunker down this time as well. On a purely short-term financial basis, it would make sense. According to Pathmatics data, the top 50 advertisers on Facebook accounted for just 4% of the company’s sales last year. The vast majority of the rest comes from millions of small- and medium-sized businesses that are less affected by any public shaming from activists, and arguably more reliant on the exposure they get from buying ads on Facebook and Instagram. But a decision based purely on dollars and cents would be short-sighted in this instance, and bad for business.

More and more, it’s becoming clear that the recent wave of protests over racial injustice isn’t a short-lived phenomenon, but one that appears to reflect a sea-change in perception and beliefs, and — like the #MeToo movement before it — demands a change in behavior. The backlash that started at the grassroots level and moved on to corporate action is likely to move next to the political and regulatory sphere. Wouldn’t it be better for Facebook, already in the public glare, to bend and make its own meaningful policy changes instead of being forced to accept more punitive prescriptions at further potential damage to its reputation and business?

Facebook is already facing growing regulatory scrutiny in the US. Politicians from both sides of the aisle have made proposals to reform Section 230 of the Communications Decency Act, which shields internet companies from legal liability over user-generated content. For now, Republicans and the Department of Justice are focused on issues of conservative speech censorship, while Democrats have asked for the faster removal of misinformation and false claims inside political ads. The disparate points of emphasis likely means nothing will happen in Congress before the November election. However, if one party controls both houses of Congress and the White House next year, the probability of regulation will rise considerably.

In the near term, the risk for Facebook may be greater from Europe than the US. The region’s authorities have identified antitrust as the more effective way to tackle Silicon Valley’s shortcomings than regulation, whose limits have been exposed by the General Data Protection Regulation that kicked in two years ago. It has done little either to change the business practices of Google or Facebook, or to reduce their market power. And discussions about data or content are always questions of regulation, rather than antitrust.

But antitrust is far more of an existential threat to Facebook than is regulation. That’s not simply because it could, in the most extreme circumstances, result in a breakup of the Menlo Park, California-based company. It’s because antitrust by definition seeks to tackle a company’s business practices.

Just last week, Germany’s highest civil court ruled that Facebook must stop logging browsing activity outside of its platforms without users’ explicit permission, and that such permission couldn’t be a condition of using its other services. Crucially, though, the decision was based not in data protection but antitrust laws: it said that Facebook was abusing its market power to force users to accept the terms because it is the dominant social network. And the ruling fundamentally attacked the company’s business model, which is built on using such data to target ads effectively. An effort by Britain’s Competition and Markets Authority is even less ambiguous: It’s carrying out a study into online platforms and digital advertising.

While the UK is no longer a member of the European Union, the bloc’s regulators are following the findings of the study closely. After years of tackling Google, Facebook is now high on the European agenda. The two firms’ dominance of digital advertising is fueled by their low incremental costs. Tackle their business models, and you might resolve the harmful content problem, runs the argument. The EU plans new rules by the end of the year on content regulation and platform liability, while Margrethe Vestager, the EU’s antitrust and tech chief, is seeking new powers to break companies up. And the European Commission has more power than US regulators: it can impose decisions unilaterally, which companies can then challenge in court. In the US, regulators generally need court approval first before any ruling is imposed.

So, Zuckerberg needs to acknowledge the growing uproar is symptomatic of new and lasting societal, political, and regulatory crosscurrents. While he has long been adamant it is not Facebook’s job to be the “arbiter of truth,” there is no better climate, in the face of pressure from advertisers, politicians, and civil rights groups alike, to alter that stance — he can change tack without losing as much face.

Serious changes are needed — from being more effective in taking down hate speech quickly to clamping down on false claims and disinformation from all users. Such moves would help the company get ahead of future actions from regulators. That would be wise as government regulation will likely be far more punitive — whether it be from the European Union or a potentially new American administration.

Simply, Facebook’s traditional hands-off approach isn’t good enough anymore. It’s time for Zuckerberg to show some real leadership.

BLOOMBERG OPINION

China passes HK security law

HONG KONG/BEIJING — China’s parliament passed national security legislation for Hong Kong on Tuesday, setting the stage for the most radical changes to the former British colony’s way of life since it returned to Chinese rule almost exactly 23 years ago.

State media is expected to publish details of the law — which comes in response to last year’s often-violent pro-democracy protests in the city and aims to tackle subversion, terrorism, separatism and collusion with foreign forces — later on Tuesday.

Amid fears the legislation will crush the global financial hub’s rights and freedoms, and reports that the heaviest penalty would be life imprisonment, prominent pro-democracy activist Joshua Wong said he would quit his Demosisto group.

“It marks the end of Hong Kong that the world knew before,” Mr. Wong said on Twitter.

The legislation pushes Beijing further along a collision course with the United States, Britain and other Western governments, which have said it erodes the high degree of autonomy the city was granted at its July 1, 1997, handover.

The United States began eliminating Hong Kong’s special status under US law on Monday, halting defense exports and restricting the territory’s access to high technology products.

Hong Kong leader Carrie Lam, speaking at her regular weekly news conference, said it was not appropriate for her to comment on the legislation as the meeting in Beijing was still going on, but she threw a jibe at the United States.

“No sort of sanctioning action will ever scare us,” Ms. Lam said.

Lau Siu-kai, vice-president of a think tank under the Beijing cabinet’s Hong Kong and Macau Affairs Office, told Reuters the internationally criticized law was passed unanimously with 162 votes.

The editor-in-chief of the Global Times, a tabloid published by the People’s Daily, the official newspaper of China’s ruling Communist Party, said on Twitter the heaviest penalty under the law was life imprisonment, without providing details.

Authorities in Beijing and Hong Kong have repeatedly said the legislation is aimed at a few “troublemakers” and will not affect rights and freedoms, nor investor interests.

It comes into force as soon as it is gazetted in Hong Kong, which is seen as imminent.

‘REGRETTABLE’
This month, China’s official Xinhua news agency unveiled some of the law’s provisions, including that it would supersede existing Hong Kong legislation and that the power of interpretation belongs to China’s parliament top committee.

Beijing is expected to set up a national security office in Hong Kong for the first time to “supervise, guide and support” the city government. Beijing could also exercise jurisdiction on certain cases.

Judges for security cases are expected to be appointed by the city’s chief executive. Senior judges now allocate rosters up through Hong Kong’s independent judicial system.

It is unclear which specific activities are to be made illegal, how precisely they are defined or what punishment they carry.

Police have banned this year’s July 1 rally on the anniversary of the 1997 handover, citing coronavirus restrictions. It is unclear if attending the rally would constitute a national security crime if the law came into force by Wednesday.

South China Morning Post, citing “police insiders,” said about 4,000 officers will be on stand-by on Wednesday to handle any unrest if people defy the ban.

Hong Kong is one of many developing conflicts between China and the United States, on top of trade, the South China Sea and the coronavirus pandemic.

Britain has said the security law would violate China’s international obligations and its handover agreement.

A Japanese official said that if China had passed the law, it was “regrettable.”

Democratically ruled and Chinese-claimed Taiwan said it “strongly condemns” the legislation, while the European Union has said it could take China to the International Court of Justice in The Hague over it.

China has hit back at the outcry, denouncing “interference” in internal affairs. — Reuters

Gilead prices remdesivir at $2,340 per patient for wealthier countries

GILEAD SCIENCES, Inc. on Monday priced its COVID-19 (coronavirus disease 2019) antiviral remdesivir at $2,340 per patient for wealthier nations and agreed to send nearly all of its supply of the drug to the United States over the next three months.

The price tag is slightly below the range of $2,520 to $2,800 suggested last week by US drug pricing research group the Institute for Clinical and Economic Review (ICER) after British researchers said they found that the cheap, widely available steroid dexamethasone significantly reduced mortality among severely ill COVID-19 patients.

Remdesivir is expected to be in high demand as one of the only treatments so far shown to alter the course of COVID-19. After the intravenously administered medicine helped shorten hospital recovery times in a clinical trial, it won emergency use authorization in the United States and full approval in Japan.

The drug is believed to be most effective in treating patients earlier in the course of disease than dexamethasone, which reduced deaths in patients requiring supportive oxygen and those on a ventilator. Still, remdesivir in its current formulation, is only being used on patients sick enough to require hospitalization as a five-day treatment course.

The company is developing an inhaled version that could be used outside a hospital setting.

For US patients with commercial insurance, Gilead said it will charge $3,120 per course, or $520 per vial. That is a 33% increase over the $390 per vial Gilead said it will charge governments of developed countries and US patients in government health care programs.

‘OUTRAGEOUS PRICE FOR A VERY MODEST DRUG’
In an open letter, Gilead Chief Executive Daniel O’Day said the price is well below the value it provides given that early hospital discharges could save around $12,000 per patient in the United States.

Patient advocates have argued that the cost should be lower since remdesivir was developed with financial support from the US government.

US Representative Lloyd Doggett, a Democrat from Texas, said it was “an outrageous price for a very modest drug, which taxpayer funding saved from a scrap heap of failures.”

Remdesivir had previously failed as an Ebola treatment and has not shown that it can reduce COVID-19 deaths.

Gilead also said it agreed to continue to send most of its supply of remdesivir to the US Department of Health and Human Services (HHS), with the agency and states set to manage allocation to US hospitals until the end of September.

There are currently more cases of COVID-19 in the United States than in Europe, with several US states hitting new records for numbers of cases.

HHS has been distributing the drug since May and was due to run out after this week. A senior HHS official said the agency expects the drug will soon be a scarce resource, and so it wanted to remain involved in allocating it.

The agency said it secured more than 500,000 remdesivir courses for US hospitals through September. That represents all of Gilead’s projected production for July and 90% of its production in August and September, in addition to an allocation for clinical trials, HHS said.

Once supplies are less constrained, HHS will stop managing the allocation, Gilead said. The company did not discuss its supply strategy for developed nations outside the United States.

Remdesivir’s price has been a topic of intense debate. Experts have said Gilead would need to avoid appearing to take advantage of a health crisis for profits.

Gilead shares were about flat on Monday.

Analysts at Royal Bank of Canada forecast the drug could generate $2.3 billion in revenue by 2020, helping offset more than $1 billion in development and distribution costs. They said additional profits could be limited because vaccines and better treatments are on the horizon.

The European Union’s health care regulator last week recommended conditional approval of the drug when used in the critically ill.

Gilead has linked up with generic drugmakers based in India and Pakistan, including Cipla Ltd. and Hetero Labs Ltd., to make and supply remdesivir in 127 developing countries.

Cipla’s version is priced at less than 5,000 Indian rupees ($66.24), while Hetero Lab’s version is priced at 5,400 rupees ($71.54). — Reuters

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