dish is up 3.75%, as chief charlie ergen says he's got the mega-bucks needed to fund the building out of a new wireless network. but will that telecom titan actually keep up his end of the bargain? charlie breaks it on what's being telegraphed to him, next on "the claman countdown." any comments doug? yeah. only pay for what you need with liberty mutual. only pay for what you need with liberty mutual. con liberty mutual solo pagas lo que necesitas. only pay for what you need... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ most people think as a reliable phone company. but to businesses, we're a reliable partner. we keep companies ready for what's next. (man) we weave security into their business. (second man) virtualize their operations. (woman) and build ai customer experiences. (second woman) we also keep them ready for the next big opportunity. like 5g. almost all of the fortune 500 partner with us. (woman) when it comes to digital transformation... verizon keeps business ready. liz: can we bring up peloton's stock? it's spinning in reverse after yesterday's

again, charlie ergen, key to this trial. r source of i guess financing which is key to his buildout which apparently he's eyeing the big tech companies. ashley: charlie gasparino earning his paycheck today and, by the way, a martini or two. i know you will run off and take up that offer. great stuff as always. appreciate it. >>> let's bring up the dow, s&p and nasdaq, all up anywhere from a third to half a percent. all of them will close at record highs if it stays this way. >>> now, the biggest name in rvs going along for the ride also. stay tuned for your fox business brief to find out why winnebago investors are hitting the gas this hour. and stars turning out to celebrate the final battle between the empire and jedi. will the box office be the ultimate winner as these warriors hang up their light sabers? that's coming up on "the claman countdown." cologuard: colon cancer screening for people 50 and older at average risk. i've heard a lot of excuses to avoid screening for colon cancer. i'm not worried. it doesn't run in my

dish network chairman charlie ergen back in the news, testifying in federal court defending the t-mobile-sprintrk out to an additional player i guess in all of this. charlie gasparino, here to explain. >> thanks for having me back. the trial should be set, settled. a group of coalition state ags. they're challenging the t-mobile merger with sprint. they're saying it is leading to anti-competitive behavior, eliminates, by merging two eliminates a major carrier. charlie ergen as part of the deal, how it got through the u.s. department of antitrust i will create a fourth wireless carrier. neil: he has to do that? >> he has to do that. this is why i think the thing could be settled today for all intents and purposes. if he convinces the judge, victor moreno, it's a judge, not jury trial he will be really a competitive fourth player, has a timetable, from day one, what lydia moynihan, my producer, her sources are saying will try to emphasize that, day one, dish will be a competitive force in the wireless business, if he can convince more rain know of this, he is convincing guy, also a very volatile

which is continuing this morning, charlie ergen yesterday and today. >> fca. >> only what we have seening, they recut the deal in part to try to deal with the national security review that conceivably would take place here in the united states. >> right, right. >> it is going to create the merger of fiat and chrysler and peugeot, one of the largest auto companies in the world >> and successful. >> you think so? >> i think so, yeah. >> a lot of costs can come out. >> yes. >> not about layoffs, but just costs. >> the layoffs story is rather amazing. the railroad layoff story, deet mand for layoffs by the analysts for fedex, the notion that industrial america and industrial world is not doing that well with the exception of one of the great stories, possible resurgence in europe. >> yeah, you have been talking a bit about what you think is a resurgence in europe if we do get or i guess we have gotten phase one of the trade deal, can we -- hasn't been signed yet. >> no, but -- >> until it is signed -- >> not only not signed, the chinese made no specific reference to this deal last night. >

charlie ergen's testimony, my view, more than my view, everybody's view that's watching this, is key.head of dish. okay? if he steps up and says i'm going to do x, y and z, it's going to be hard to vote against this deal. if you are the judge. liz: just a few points away, i believe about eight points away from an all-time record for the dow. >> why does it say agreement? i didn't say that. liz: listen, peloton is up 2.25 -- >> why is it saying they reached an agreement? we don't know that. here's what they say. we can say they say they reached an agreement. liz: i agree with you. we don't know what's going to happen. the weekend is long. charlie, thank you very much. charlie gasparino. we'll be right back. ... no, it's not in my records. you've got a lot on your plate. deliveries. billy, come in. shift times. i just need to know if it's there. compliance. can i get your 20? for 100 drivers. doug... doug? and where is doug? he should be sleeping. so should you. just because you're married to my sister, you could lose this job, billy! this isn't working. introducing samsung connected fl

this country, everyone knows that >> well -- >> so the setting the stage for an important trial, charlie ergen at some point, executives from t-mobile. >> are you going to go >> i'll try to go, yeah. >> sketch? >> i will sketch, sure i'm the worst artist ever. i'll just draw a big circle with a couple of dots >> you did just talk about an untold story this deal, we're waiting for -- >> waiting, we're going to keep waiting. >> okay. >> for a long time. >> that's great. >> when it comes to waiting for a deal, don't wait for alexion to do a deal interesting story here this morning, they out elliott essentially, elliott was in there, we didn't know, and alexion this morning issues a long press release in which they basically say we had a constructive dialogue with all of our shareholders, and we recently engaged in good faith, with elliott advisers, and including their recommendation that we immediately launch a pro active sale process, and they say the board unanimously decided to conduct a sale process and would not be in the best interest of shareholders and the patients we serve at this time,

you're going to have one witness and then charlie ergen, founder and ceo of dish, chairman of dish, willand. gee, i wonder what he's going to say, yes, i think we're going to be a strong wireless nationwide competitor that's what one would imagine. >> there are cases where attorneys general from states have come in and blocked -- >> yes, there was somebody who sent you an email, when i said i was unaware of when the doj had agreed to a deal, and stated ags had come after one but there was a valero deal years ago. >> california blocked. >> yeah. >> pretty good. >> in this case, jim, i think people in the courtroom and i have not yet been able to attend, but people tell me they went in with the expectation that the judge would be perhaps sympathetic, certainly stto the states it could be an easy case 4 goes to 3, typical metrics to measure competition all in favor of saying you can't allow that but he has certainly taken his time in wanting to hear -- while the states made an adequate go of making their case, i'm told, listen, the judge seemed open to -- as he should, of course, listening

. >> i think that's true >> that the arguments put up, that morgan did a good job, charlie ergen, dish'san, did a very good job, sort of in terms of giving credibility to the idea that there would be -- that he would be a real potential competitor and so we'll see we're not going to get a decision. >> why does it not get the coverage that it deserves since it determined probably most inflationary it could really change the cpi why don't people talk about it >> i don't know. you do >> incredibly important, the tower stocks ran yesterday, by the way. tower stocks i think it has to do with -- >> really? >> yeah. >> dish also had a nice move, a bit of a nice move. >> facebook reversed what newspaper is attacking facebook pull the negative piece. just -- >> an article today in the journal, of course, citing that big rally in biotech we talked about the overall rally in healthcare, related to elizabeth warren's poll numbers, but also when if comes to biotech, a number of successes, number oflarge, huge premium deals for smaller cap companies, by the big guys and i'm watching merck up 1.6%. >>

you're going to have charlie ergen hit the stand and that will be interesting testimony because, of coursesome of this is dependent upon the perception that will dish truly be a nationwide 5g competitor therefore the fourth competitor, also part of it is dependent on the view of charter and comcast, verizon's capacity, are they becoming a true competitor in wireless we're keeping a close eye on that keeping a close eye on the overall market as well we're off the lows already the press conference, 20 minutes from now. >> terrific, worth pointing out. >> yes i think that -- there are -- there continues to be, david, ridiculous trading in so many material stocks, believing we'll have an instant turn around in the economy. only people that told me about free port the last five minutes, jim, why don't you talk about free port? understand the deep cyclicals are very much in favor >> why free port why explain -- >> copper. >> right >> just because -- >> it is a parody. it is a parody we have so few pure industrial companies left, that's the one they turn to by the way, alcoa is not doing -- alumi

charlie ergen employees to be a fourth carrier to take the place of sprint.the deal, that whole framework dissolves. then there is a market implication. companies will not know, certainly you are a company, you want to merge. go to the department of justice, approve us. not only, if this thing gets upended, sets a precedent. not only get the u.s. justice department to sign off or ftc, you have to then worry about any number of states, here these are not all the states, a coalition of over 13, led by new york's leticia james and california, and ending your deal. that question mark will destroy deal-making on wall street and i'll tell you if you think of companies getting stronger through acquisitions it will make it a mess. it will really hurt u.s. 5g. i'm telling you i don't see the rationale that sprint is a strong carrier on itself. it has spectrum. combine it with a strong company like t-mobile, which is backed up by deutch telecom it -- neil: would it delay the whole 5g thing in this country, is that what you're saying? >> it would put a huge -- listen, t