it's going to be volatile. much more volatile because of the headline risks. charles: 200 points now, ain't 200 points a year ago. thank you very much. liz claman, the dow about unchanged but the other major indices are higher. going to be another wild hour of trading. liz: we are calling them slight frights, all day long, have markets pulling back from fresh intraday highs but scares from jerome powell, boeing, the federal trade commission and the coronavirus still not enough to trip up the bulls as we head into the final hour of trade. the nasdaq and s&p 500 still on pace for record closes. stay with us the whole hour and you will see it happen. possibly. but if you have to pick one of today's warnings, it may very well be the deadly coronavirus outbreak which killed more people yesterday than any day since the virus appeared. the human toll followed by the business issue as global supply chains rupture right and left. we've got the trump

administration's man at the helm of global economic growth, keith kroch, here in a fox business exclusive on how he sees growth playing out in america as it pertains to the world. even as biggest names in mobile cancel their flights right and left to barcelona for the massive mobile world conference, samsung bucking the trend by going full force with its unpacked event. we will take you there live. it's in san francisco. spoiler alert, samsung just in the last couple seconds beat apple to the 5g phone punch. you may not be able to pick them apart, but two of our favorite investment mavens clear up the market double vision you might be seeing these days. the murray brothers, david and jonathan, here in a fox business exclusive on where in the investment world they are doubling down. you will want to hear about where they say you should put even more money to work. plus, the granite state primary chess pieces are starting to move.

a look ahead. and charlie breaks it on the t-mobile/sprint green light. less than an hour to the closing bell. let's start "the claman countdown." liz: folks, we are just getting this breaking news. senator mitch mcconnell just saying now you can forget about president trump's budget passing. he doubts the gop-led senate will reach a budget agreement with the democrat-controlled house of representatives this year. we are about to delve into certain parts of the budget from money for vaccines and not a lot of money for clean energy with keith kroch at the state department. he's the man who looks at environment, energy and global growth. we will speak with him in just a moment. shares of sprint, let's take it right now, skyrocketing more than 70%. look at this, 75% alongside t-mobile which is jumping 11.5%

after finally, a federal judge approved their $26 billion merger. more on that later in the show with charlie gasparino, who has been closely following the story, but guess who else is joining us in a fox business exclusive. fcc commissioner brendan carr, who says this merger will be fine for the consumer. you will want to hear what he has to say about that. let's look at under armour. it's getting taken to the cleaners after missing revenue estimates for the fourth quarter. the athletic maker, athletic wear maker says it's considering a possible restructuring. that stock down 18.33%. the new ceo says the coronavirus is causing industry-wide delays in deliveries. i told you guys supply chains are starting to rupture due to the coronavirus. facebook downgraded to outright sell. the stock down about 2.66%.

pivotal citing concerns about regulatory issues and advertising growth at the social media giant. and just when you thought things couldn't get any worse for boeing, for the first time since january of 1962, the aircraft maker scored zero new orders last month, as the grounding of that 737 max jet has airline customers steering clear of the company and saying hands off, we're not ordering anything. interestingly, the stock is flat. as the future of the mobile world conference in barcelona, spain, samsung isn't hanging around to see whether organizers cancel the massive conference. to san francisco. you are looking at a live picture of samsung's unpacked event where the tech giant just unveiled a brand new product set to hit markets this year. yes, they also unveiled tablets, ear buds and the much-awaited 5g phones for the u.s. market. remember just last month at ces in las vegas where i showed you this uber-cool foldable 5g

galaxy phone with the foldable glass screens? it was crazy. so cool. that one you see right there, 5g, was not available for the u.s. market because american carriers either weren't ready to roll out 5g networks or they didn't show a lot of interest in carrying the phone. to jeff flock, where jeff, let's distill this now, samsung just beat apple to the 5g phone punch, let alone foldable phone. what's the price tag? reporter: i'm watching this thing unfold as we speak, speaking of unfolding. but the price tag for that foldable phone, $1,380. pretty amazing. take a look at the pictures on it. it to me looks like the first time we have ever had something that looks like a miniature computer because it folds, where the top of it can be a video screen and the bottom can be, you know, you can type on it and that sort of thing. it folds out to a 6.7 inch screen which is as big as anything else, and you can fold it, they say, 200,000 times.

even though it is glass. you can fold glass. it basically bends the laws of physics. that's not all today. the s-20, galaxy s-20 is to me the big one, because it has an incredible -- i would say it has an incredible camera. it has an incredible array of cameras. the s-20, 64 megapixels, incredible, and what that enables you to do is zoom in, a 30-time zoom on the s-20 but you can also get an s-20 ultra version. that gives you 100 times zoom. can you imagine? i can't even hardly wrap my head around that. basically you can take a wide shot and you can take a tiny picture of any piece in that wide shot and turn that into a high resolution photo. incredible stuff. the s-20 will start at $999. then it will eventually go up

for the trawl but they haven't announced the price yet. i'm still listening but they haven't announced that yet. earbuds, too. oh, here comes maybe the picture. they zoom in to alcatraz. you know that scene in san francisco. they zoom in to alcatraz, i don't know if we can get to it, it's just incredible. how you can zoom in there. it will blow you away. you know? what can i tell you? it's nutty stuff. liz: i'm looking at netflix stock. why am i looking at netflix stock, jeff? reporter: they are partnering with these guys. they say netflix will begin to shoot some of its productions with the actors holding the phone and shooting themselves, you will have -- because this camera is so good, it's like any camera that you would get in a film studio, they can shoot themselves, it will add an incredible perspective to dramas. it's blowing my head.

liz: the foldable 5g, for here in the u.s., i think, is extremely important, folks. i think we just need to let our viewers know it comes at a cost. it truly does. when i was able to show the foldable phone, i think that it was one of the coolest things i have ever seen. reporter: the one you saw folded the other way. this one folds up to basically a square. it can stick in your pocket, it's so small once you fold the thing up. liz: the back side of the one that i saw, once you fold ted i closed, you still had part of the screen on the back side. i don't know if that one has that, too. reporter: no. well, there are notifications. there is a small screen on the back side that gives you notifications even when it's closed. it will give you the time and messages and notifications. so kind of yeah. man. what they're doing these days.

isn't that something? liz: let me quickly check apple's stock. down .33%. again, samsung beats apple to the punch. that's really kind of the headline here, to a 5g foldable phone. samsung releasing new technology, we talk about that, but what about fears regarding attacks on phones and your technology? during his testimony before the house financial services committee, just a couple hours ago, federal reserve chair jerome powell revealed his biggest worry, cybersecurity in the banking system, meaning hacking. when asked what the u.s. could do better to prioritize the threat of cyber risks, here's what he had to say. >> i think we can keep to, and have to keep doing what we are doing, which is to make this really a top, if not the top supervisory priority not just for the banks but for the fed and for institutions across the american landscape, but there's never a feeling that you have gotten to a place of comfort on

that. liz: okay. this, i would argue, is something we all knew, but look at the dow. it did start to lose its record gains just after powell expressed his concerns about the level or lack thereof of security available to ward off a major cyberattack. could be something completely different but is this a concern not front and center when it comes to investors' thoughts at the moment? what would happen not just to the markets but if the economic landscape or single bank were to suffer a major cyberattack and is there a trade to that? let's bring in our floor show traders. john, we are here to advise our investment audience on the best trades possible. what do you think they are as you listen to jerome powell and his concern, and also, when you think about the equifax hack? >> yeah, listen, it's something that has been a major concern for quite awhile, and the more people talk about it, especially prominent people in our government, talk about it, it's something that is telling us, it's glaring to us that this is a high priority for them and

something they are very very concerned about. i think companies across the board, i don't care if it's my firm, or it's the u.s. government or jpmorgan, you have to protect your assets that are inside that. so we have home security in our home. if a burglar wants to get in, they will get in. it's just a question of when they get in, what happens. i think internally, these companies will have to really take a really deep dive at processes that can stop and thwart attacks once they get in. what's the play here? got to start looking at some of these technology companies that can possibly add to a level of protection there. across the board, every company is susceptible to this. we have seen it in many different areas, in many different companies, but this is something that's very very concerning and the other side to it is that the thieves are staying behind a keyboard screen, whether they are in the united states or another country, they are hiding somewhere. not easy to find them. liz: it's a new reality, todd. i want to take it to you because

listen, what do we do when there's a new reality? we shift. investors should be fleet of foot. what are you thinking here? >> i think one thing you have to look at first of all is our reliance on the internet, is probably at all-time highs whereas our confidence in security is probably at all-time lows. there has to be some kind of in between there. i think it's right for chairman powell to bring this up because it is a financial industry risk. it is a complete market risk when you look outside that. so yes, i think security's got to be heightened because new software is coming online faster i think than security can keep up with it. so at this point, you need to have some help whether this is going to be a multi billion, hundreds of billions of dollars of problems down the road if we don't find a system that works for everyone at every level. liz: nasdaq's on the verge of turning negative, phil flynn. we were any gain that we would see would be an all-time record. what are you seeing here? i'm looking on my screen, the vix is barely up, there's not a lot of fear here even though we

do have what jerome powell mentioned but it was almost sort of a sub, if you think about a thesis paper, it's one of the twelfth paragraphs. >> one of the big picture items that is a concern, i think with the nasdaq what's really happening is that report about the federal trade commission looking into google, apple, all the big tech firms right now, and their acquisitions of different companies over the last couple years. that's huge because i remember, if you remember the first tech bubble that we had, the break in that market, in the tech bubble, was when the trade commission went after microsoft for monopoly practices. basically, that i think usis a concern to the market right now. if you see a problem on the horizon, you got those other concerns, good time to take a little money off the table. liz: yeah, i agree. gentlemen, thank you very much. john, todd, phil.

the dow hit session lows while we were doing the floor show. we are watching it very closely. when we come back, there's a reuters report that has xi jinping, even as he's wearing a face mask, saying hold on, we are being too strict about trying to control the coronavirus? too strict? we have the state department officials who is undersecretary of economic growth in the united states, in a fox business exclusive. what the trump administration is prepared to do.

liz: we've got breaking news on the barcelona world mobile congress, where more than 100,000 of the telecom industry's who's who gather every single year. major attendees are dropping like flies. in just the last 20 minutes, mobile phone giant at & t, along with software security firm mcafee became the latest to cancel after parent intel of mcafee backed out last night. they join everybody from facebook to sprint, amazon, lg, erikson and sony, who abandoned the event over coronavirus fears. the trade body that runs the conference is apparently going to hold a board meeting friday as to whether they should shutter the whole event which is

supposed to begin february 24th. as the number of people killed by the virus now tops 1,000, a mask-wearing chinese president xi jinping warning efforts to contain the outbreak are too restrictive and could squeeze growth. here to get the trump administration's response to the virus threat from an economic standpoint, undersecretary of state for economic growth, energy and the environment, keith krach. good to have you here. >> so good to see you again. i appreciate the fireside chat we did in silicon valley. liz: i'm glad you're bringing up silicon valley because you know how to tackle real world problems from a techie standpoint, having been ceo of docusign, co-founder and ceo of reva networks. how is the trump administration tackling what could become a worse situation with the coronavirus? >> as president trump has said, the first thing is to protect the american citizens, and i can

tell you coming from the private sector and watching the white house, the state department, the inner agency and decisiveness in terms of how fast we have moved, and everybody working together, this what is we are really built for. so it's protecting the american citizens. obviously our hearts go out to the people who have contracted that in the united states, in china, and the rest of the world. we are erring on the side of caution. the other thing, too, is that the united states is the most generous country in the world. as we were picking up some of our diplomats, we brought in about 18 tons of aid in terms of equipment. there's been over a quarter of a billion donated between the united states government and the private sector, and over the last three years, the united states has donated $43 billion

in terms of viral diseases like this and that's probably 10x any other country. liz: that's a silicon valley type of term. as we look at the budget, one thing that is not cut is the ability to fight this type of thing from spreading. the vaccine part of it is protected over at the cdc. it's great to have confidence in the government regarding that. one part of the budget, because you are not just the undersecretary of state for economic growth but also the environment and energy, is the fact that it appears there will be cuts if it were to ever pass to clean energy, to wind power, to solar, to batteries, to electric vehicle batteries. you are a silicon valley guy. you care about the environment. you were a bipartisan yes vote at the senate foreign relations committee when you were waiting to be confirmed. how did that make you feel? >> well, i'll tell you, my number one role is economic security and if you think about -- because economic security as the president said,

is national security. and we have a three-pronged strategy. the key one is leverage the innovation and resources of the private sector. when i say private sector, not just the business sector, but social sector, education sector and that's one of the things that i look coming from silicon valley that we can really take to the next level. liz: we don't want to cede any leadership position to china and that's a security issue. china has these three electric vehicle companies, these companies that are gaining shall let's say. we have tesla. we have general motors. don't we want to be in the leadership position in every technology? >> absolutely, and as former vp of general motors -- liz: the youngest ever to be hired at general motors.

>> i appreciate that. but if you think about it, the enabling technologies that go into that, you look at cars now, it's almost, you know, software surrounded by sheet metal. and there's some major paradigm shifts going on. i think that's one of the big things we're focusing on is maintaining that lead in things like semiconductors, computing, and keep driving the automotive business. it's a global business so there's no doubt about that. but the innovation's coming out of the united states and not only is our objective to accelerate the digital transformation, accelerate innovation, accelerate through the president's pro-growth policies, but it's also to protect america's assets. liz: okay. then let me bring up what chairman jerome powell at the federal reserve said just a few hours ago. he's worried about protecting american banks and american internet, certainly, he's worried about cyberattacks and hacks.

of course, we have had the equifax hack, where the chinese military has just been charged. tell me about the meetings you've had with president trump on this very issue, securing our nation. >> well, if you look at that issue, you ask any ceo what keeps you up at night and after they say it's all the opportunity out there, they will say it is the cyberthreats, right? and you never get a mint on your pillow at the end of the night and say hey, it's all done, it's all good. liz: never. >> have yyou have to keep ever vigilant. particularly if you think about my past experience at docusign, these are the most important documents, the ones you sign. liz: you worried about getting hacked? >> we always were. liz: that's people's signatures. >> that's people's signature. that's why we were so vigilant. that's why companies are so vigilant. you know, you are even hiring people that will attack so we hire attackers who will go in

their attack. this is another area where we are working together with the private sector and the united states government. this is a huge threat. what's comforting to know, you know, coming into the united states government, to see how these forces and experts are there. liz: great to have you. come back again. we'll be right back. no more lugging your clubs through the airport or risk having your clubs lost or damaged by the airlines. sending your own clubs ahead with shipsticks.com makes it fast & easy to get to your golf destination. with just a few clicks or a phone call, we'll pick up and deliver your clubs on-time, guaranteed, for as low as $39.99. shipsticks.com saves you time and money. make it simple. make it ship sticks.

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liz: okay. yes, lyft is higher right now, up about half a percent, but uber is jumping way more, about 2.33%. lyft of course is set to report results after the bell but with competitor uber setting a new path forward to profitability, even putting a point on the calendar on it, can lyft be left behind or gain? to susan li on the floor of the new york stock exchange. what do you think? susan: the bar has been set pretty high, as you mentioned. last week, lyft also gained after uber surprised results, better than expected quarter and they brought forth their profitability guidance to the

fourth quarter of this year, so can lyft match those expectations after the bell today. we are expecting a lot for the final three months of last year but revenue should grow close to 40% at the end of 2019 and don't forget, lyft has already said they will get to profitability outside of expenses by the year 2021 and 2019 will be the peak year of investment for them. given what uber hit last week, people are expecting lyft to do the same and bring forward those profitability guidance and maybe this calendar year of 2020 but don't forget, in that uber report, i should point out you heard dara khosrowshahi say those expectations are based on the fact he doesn't expect the regulatory environment to change meaning ab-5, that california worker bill, will not go into effect where they characterize drivers as employees who get benefits and 120% of minimum wage instead of contractors. as you heard there, it looks like uber says this temporary injunction, this ruling they lost yesterday will not only

affect them but the rest of the gig economy as well. liz: susan li, the numbers come out after the bell. everybody stay tuned. all right. have you guys had this hard seltzer stuff? boston beer has a hard truth to report. we've got the closing bell ringing in 29 minutes. the dow, down 19 points. investors are knocking back shares of boston beer. credit suisse has upgraded the shares to outperform as its hard seltzer truly flies off the shelves. not bad. of course, this is the sam adam parent here. we've got boston beer stock moving to the upside. no, you don't have beer goggles on. you just got a case of double vision. take a look at these two guys. up next, the murray twins here in a fox business exclusive. a double dose of market mavens here to tell you where they are actually doubling down in the 2020 economy in investments. we'll be right back.

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liz: could we be seeing double in the markets? when we say that, we mean we continue to see record highs for the, look at this, today s&p, any gain, today, any gain for the nasdaq and it's a record but there are so many worries. well, our next guests are seeing double vision and it's not just with the markets but when they look at each other. the murray brothers, identical twins, are here with different perspectives on where in the stock market they are doubling down and where they are not. we welcome two for the money authors, the sensible plan for making it all work, co-author david murray along with ubs managing director of wealth management, jonathan murray. gentlemen, good to see you both. >> good to see you, liz. >> i wish i were there on set with you guys.

>> what are you doing? this is liz claman. are you kidding me? you dress up for her. >> i don't need to wear a tie anymore. liz: especially considering david is the more conservative of you two. jonathan, i will begin with you. our investors want to know where people like you are actually doubling down in the market. >> first of all, i think, you know, there's so much polarization today, there's so much split, and i think there's a lot of reasons for optimism. we have a loose monetary policy. you saw fed chair powell's testimony today. he was talking about our good strong u.s. economy, interest rates are still near all-time lows. corporate earnings are beating their estimates nicely. and we just had a phase one china deal and usmca deal. so i feel pretty darned good about the u.s. economy and the outlook for u.s. stocks. liz: energy stocks in particular. >> that's where there's real value. these things have just been pounded after the coronavirus concerns and china demand for oil but i think as long-term value investors there's real opportunity there.

our analyst really sees tremendous buy opportunities in the energy patch. liz: which part? oil, gas drillers? >> all of the above. quality matters. make sure you check out the balance sheets because there are going to be some smaller players that are likely to go out of business, but talk to your adviser, find the quality companies, ones that had dividend yields, ready for this, of anywhere between 5% and 7%. liz: yeah. we love those. david is about to jump through the camera and strangle you, because you are getting all the time up front. david, where are you doubling down? >> he finished in the one area where we are in agreement and that is value. it's hard to get more value than the energy companies right now. you guys mentioned dividend yields alone. you are pocketing a 5% dividend yield while waiting for prices to hopefully come back. i'm a little more concerned. i like to buy stocks before they triple rather than after they have tripled.

which is what the s&p has done. liz: right. >> for the last ten years. it's gone from 1100 to 3300pes or 26 times the price to sales -- >> it isn't 26 times. it's at 18 1/2 times forward. >> take a look at trailing, pull up a chart and look at the price to sales ratio. it's an all-time high. liz: i hate it when mommy and daddy fight. they are fighting. let me just say, though, you guys are both making a very important point. don't buy high. you are saying buy the things that have been unloved. >> absolutely. liz: that said, jonathan, where are you avoiding doubling down? >> well, dave's right. in terms of certain -- >> wait, what was that? could you say it again? >> in certain ways, he's right. valuations are stretched in certain sectors of the market. you don't want to knbuy what ha tripled in the past year. we were due for a pullback.

maybe the coronavirus is starting to get contained. bull markets don't die of old age, that old expression, they die of recessions. we at -- ubs does not see a recession imminently. liz: do you, david? >> i don't know about that. we certainly see global slowdown. the european union grew at a whopping .1%. i believe china's numbers are inflated. if this coronavirus isn't contained, their projections of growing at 5% per year will be closer to 1% or 2%. i would take chips off the tech table. you look at the tech names and they -- take 20% or 30% off the table now. liz: all right. gentlemen, jonathan in studio and we have jonathan this way, david this way, the murray brothers. great to have both of you here. we will put all their doubling down picks and pans on facebook.com/lizclaman.

live free or die. look at the dow. it's just about to turn positive with the closing bell ringing in 20 minutes. voters in new hampshire exercising their rights at this hour in the first in the nation primary. but one 2020 candidate pulled off an election day stunt that has everyone talking. we are going to take you straight to the granite state for that. make sure to listen to the everyone talks to liz podcast. new episodes posted every single wednesday on apple, google, fox and alexa. "the claman countdown" will be right back. real american dream stories of how people found success. let's get down to business. the business of hard work... ...hustle... ...and high fives. modernized comfort inn's and suites have been refreshed because our business is you. get the lowest price guaranteed on all choice hotels when you book direct at choicehotels.com. car vending machines and buying a car 100% online.vented

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the term political tourist? new hampshire is swarming with them. they are non-residents who arrive in droves just to watch the primary action go down, and the action this time has not disappointed. it began at midnight with the five registered voters, just five, residents of the tiny town of dixville notch voted. billionaire 2020 candidate michael bloomberg, who is not even competing in the new hampshire primary, landed three write-in votes. as for the other two of the five, senator bernie sanders and mayor pete buttigieg were the only other candidates who got the votes, one each. is mayor bloomberg already stealing the show in new hampshire without even appearing on the ballot? there are a lot of voters in new hampshire who woke up today still undecided about whom they are voting for. it's anybody's game. let's take it to connell mcshane, who has been hitting the pavement in new hampshire to get a feel for which way they might all go down. what's your sense for tonight, connell?

connell: it still looks like a two-horse race kind of at the top. the pete and bernie race, if you will. mayor buttigieg and senator sanders. the bloomberg story will be one we will examine certainly after we get out of here but those are the two candidates that have the energy. senator sanders had a huge event last night, the biggest by far of this election cycle in the state at least, with alexandria ocasio-cortez among others on hand. the buttigieg event you are looking at, we were with him in exeter which was an energetic event, a smaller venue but he packed them in. that's the top of the race. i think the bigger story talking to people is who finishes third, right. will it be the former vice president joe biden? he certainly looks like he's slipping. amy klobuchar, senator from minnesota, may be surging a little. to the point about biden slipping, we got word this afternoon he's leaving. he's taking off from new hampshire, will go to south carolina early, won't even stay for his own party in the state. so he was asked earlier in the day today what kind of message does that send to your supporters. here's what he said.

>> this is just the beginning. we have an entire nation to vote yet. so what i'm doing is going down, after we fight for every vote we have here, then i will get on a plane, head down there, do a little rally in south carolina to get going, then getting on a plane and going to nevada. connell: he's getting out of here. we will talk about it all. it's interesting from a lot of different angles. next hour "after the bell." chris wallace will join us, governor of new hampshire, chris sununu will join us. melissa in new york and me in beautiful bedford, new hampshire. see you at the top of the hour. liz: i like the snow on the rooftops there. good to see you. by the way, everybody, look no further than fox business for the results which will start rolling in tonight. neil cavuto will have all the returns and post-vote analysis beginning at 8:00 p.m. eastern. when we come back, charlie gasparino on how the man in magenta is really feeling tonight. beyond the routine chec beyond the routine chec beyond the not-so-routine cases.

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liz: we're about eight and a half minutes away from seeing another all-time record close for both the s&p and the nasdaq. even just a six-point gain is enough for the s&p. actually, any gain for either of those two indices. the dow up about four points. all right. speaking of pour, the big four have gotten the green light to become the big three. today, after a new york judge finally approved the mega-merger between t-mobile and sprint, both those stocks are spiking rather dramatically. the long-standing opponent of the merger, new york attorney general letitia james, who represented a bunch of attorneys general, said the deal quote will endanger wireless subscribers where it hurts most, their wallets, but the judge disagreed. well, that's one thing. we thought let's bring in a federal communications commission member who says this is a big win for america's 5g leadership and the consumer won't be hurt. commissioner brendan carr joins

us live along with charlie gasparino. brendan, let me just begin by looking at at & t and verizon stock. they are taking a hit, not a huge one, but they are both in the red right now and to me, that signifies that people think this will actually be not hurtful to the consumer. how do you see it? >> you're right, this is a really big win today for u.s. leadership in 5g and for every family that wants to see better, cheaper, faster service and frankly, it's a huge loss to the democrat ags that brought this partisan lawsuit. the judge exposed the game they were playing. they elevated partisan politics in their own pursuit of higher office over their own constituents getting better service. they got no conditions, they got no concessions, they got nothing back on the taxpayer dollars they invested in these lawsuits. total loss and i'm happy about that. charlie: the democratic judge, we should point out, john l

legere, i interviewed him three weeks ago where he point-blank said he thought he was going to win. the market did not think he w t long, selling sprint shares. this is a huge surprise to the market. that's why the stocks are up so much. let me ask you this. makan delrahim went out of his way to create a fourth carrier out of dish, okay? basically in some ways, conceding that maybe this deal did violate antitrust laws, maybe this deal could be anticompetitive. you think he should have done that with dish? or should he just have let the deal stand on its own? sprint was going out of business, a stronger company can compete better with price. did he make a mistake with that, do you think? >> one thing the judge focused on is the reality for so many americans. they weren't seeing four nationwide providers. they had maybe one or two. with this combination, they get a super-charged network, built

out to 99% of the u.s. population with 5g. i will say going to the opinion, though, the discussion of dish being added and injected as an additional competitor seemed to be very meaningful to the judge's analysis. charlie: is there a chance for an appeal here? what do you think? liz: letitia james says she's going to consider an appeal. charlie: i don't know what she's going to hang her hat on. was there anything in that ruling, brendan, you read these things, did anything kind of -- can she hang her hat on anything? >> i read all 170 pages of his decision. it is as bulletproof as these decisions come in terms of appeal. the judge not only went through all the economic models but he had a bench trial. he looked at the business people who are going to be implementing this plan, he judged their credibility and based his decision on that. those are the types of decisions by a trial judge that good luck trying to get that overturned on appeal. charlie: thank you, brendan. we have to jump. we got some breaking news on elliott management and softbank. i know we are doing kind of a hard transition here.

but this is breaking news. i got it pretty cold in the last couple hours. as you know, elliott management is the big activist fund. they are putting money into softbank, basically took a position. softbank has had a lot of problems with its vision fund and with returns, and what's interesting is softbank's stock has suffered because of that. what we understand is that elliott management as part of its activist play is considering pushing softbank to not do another vision fund. they are out there trying to raise money from the saudis, from abu dhabi, as we have done a lot of reporting on this, getting some cold shoulders out there. we understand softbank is weighing whether to actively push softbank -- elliott is weighing to actively push softbank not to push that second vision just to focus on rereturns on the first one. liz: partly because of the wework disaster? >> partly because of that. wework shine ad huge light on some of softbank's recent

problems. investors, they did great with alibaba. they did great with some invests. they did lousy jobs with other ones. vision fund is hurting. saudis are balking putting into the second vision fund. they feel they're not getting good return on the first one. elliot management i understand is weighing whether to push them not to do the second vision fund f that happens, it will be big news. we will keep you updated if we find out about that one. liz: charlie, thank you. brendan car of the ftc. came out swinging that the t-mobile sprint deal will be good for the consumer. we have david waddle. we see the nasdaq hitting yet another all-time record close, worry we're saying we have 2 1/2 minutes left. not enough of a run-up on technology. >> i like i had in terms of bias. revenues continue to be good.

it won't break until profit margins and fundamentals roll over. could be used as funding currency to go in other sectors previous guests spoke of. people are out of balance in the portfolio way to too much towards the top five names in the s&p which are all technology companies. liz: do you not worry about the overhang of regulation? the federal trade commission just announced they will probe big tech companies. investigations are not some type of sword of damocles on the shares? >> i don't think so. it creates a little bit of shade on them. they went after microsoft that was a big deal. microsoft is worth a trillion 1/2. they don't really have a pure record on breaking up these huge conglomerates. there were very few, at&t might have been the last one. so, i don't think that those threats really manifest into much. they have gone after them here or there, facebook, yadi yada, it hasn't slowed the train. liz: that is technical

term, yadi yada. dave, would you go into big names? or start to go into smaller ecosystem type of names, suppliers to apple or perhaps, smaller graphic chips? >> well, i mean certainly this market has been large cap bias to a historic degree. it is worth looking down into the mid-cap, small-cap growth boxes. historically those boxes don't tend to do very well. they tend to be overvalued with the hype that surrounds smaller names. at this point in the cycle, in the u.s. you really only one win way, which is the earnings rise. by the way i think this market is looking past 2020 into 2021. if the world holds up, you see earnings growth, at least analysts do of 20% between now and then. that is upward bias in the market i think. if you believe there is an economic recovery afoot, you know, barring the coronavirus, then, yeah you want to move down the cap spectrum, whether in the

small-cap growth box, or not. i don't know, it had a great year last year. [closing bell rings] liz: david waddle, president of waddell and associates. the dow, too close to call. that will do it for the claim man "countdown." melissa: record territory on wall street. all major averages hitting all-time highs at some point today as the rate of new coronavirus cases in china is slowing. the dow looks like it will close about flat on the session. it was in the red. now it is up a tiny fraction, off session highs though after boeing reported zero commercial plane sales in january, following the grounding of the 737 max. the s&p 500 and nasdaq both in the green, marking new record closes for those two for the second day. i'm melissa francis in new york. this is "after the bell." hey, connell. connell: hello, melissa, i'm