peltz? i had to, i would probably fall in that category, yes. >> have you met or spoken with mr. peltz? >> no, but we will have an opportunity down the road to and certainly listen to him and what he has to say. i just see some apples and oranges kind of mixed together here in the arguments that are being made by him. and i'd like to have some clarification. >> have you read the white paper he put out last week? also a letter of some substance to the lead director? >> i have. here's the historical perspective. 30 years ago, pepsi had ownership in wilson sporting goods. they had a truck line, they had restaurant chain, which eventually became yum brands, the three restaurants. all of those have gone away. in the meantime, they've added tropicana, gatorade and quaker oats. so the business model today is really a very similar business model in all the units. and so i'm not sure that in the long run when you get synergy out of this business unit it makes the most sense. at the same time, i think

peltz feels strongly about the plan.c from pepsi, believe in the stand-alone beverage business and peltz telling me, important, he's willing to buy more stock to show his belief in the business and willing to go on the board if, in fact, he is asked, telling me that pepsi's power of one campaign does not work. the numbers do prove that. those are a couple of big developments involving a couple of big and well-known and maybe more active than ever activists investors. anthony, you first. >> i just want to let the viewers know for full transparency, i have about $1 billion of skybridge's money between dan and mr. peltz. dan will be successful here. become the kinder and gentler activist. he'll be very pervasive with that group of shareholders. as it relates to nelson peltz, a lot of the stuff he's saying is true. the activi simple activism you' ceos around corporate america, beware and be more pro active with your decision-making and strategy. >> a quick thought, steve, before we move on? >> dan loeb one of the great inves

scott wapner, the fight between peltz and pepsi. >> thanks. pepsi is throwing a blow. pepsico throwing a blow back at nelson peltz today in an official statement from the company. the highlights being, pepsico saying that management and the board are fully aligned with our strategy. that we engaged with trian and analyzed the proposals, that the focus now is on delivering results, not new and costly distractions, they say in a statement provided to me a moment ago, and that we are confident, pepsico said, in our ability to deliver long-term shareholder value. i should also say, i spoke with somebody from the company a short time ago. they told me the following. that pepsi is in constant communication with their investors base and has received strong support for their strategy. remember, it was peltz, i reported on earlier today, had been doing his own speaking with investors, and he said he was getting support from the big shareholders he had been speaking with. pepsico also telling me and pointing out its largest shareholder black rock and larry fick the ceo is on the

nelson peltz wants the company to divide its snack business, which includes lays and doritos chips, from its beverage business. he says he will approach top shareholders with his plan in coming weeks. peltz says the growing snack business would boost sales, while the stable beverage side would bring steady profits. the company says the plan does not make sense, and would reduce relevance to customers. it's getting ugly between hedge fund mogul carl icahn and e-bay. icahn sent yet another letter to e-bay shareholders accusing two board members of "pre-empting" e-bay's i-p-o of skype. the board member bought skype with an investor group from e-bay in 2009 than flipped skype to microsoft. reportedly making four billion dollars in the deal. icahn says the profit came at the expense of e-bay shareholders. icahn is pushing ebay to spin-off paypal. in a memo- the founder calls icahn's attacks false and misleading. the ceo of exxon mobile is speaking out about fracking for oil near his neighborhood. rex tillerson tells the wall street journal he joined a lawsuit that would block construction of

peltz saying that we've got nothing but rhetoric from pepsi.siness. in fact, we're willing to buy more stock to show it. we're also willing to go on the board if asked. plr mr. peltz telling me the ppower one strategy does not work and it proves it. you can certainly say that, that irene rosenfeld's total shareholder return is greater than indra nooyi. ceo of mondelez. and he holds a considerable stake in that company. on going battle between nelson peltz and pepsies ask la es ske. he has gotten a positive response from them. he is going to be, in his words, relentless in the coming weeks and speaking to more of them. so we'll continue to watch this story, carl? >> and we watch the stock move as well, scott. thanks for that. let's take you back to the senate banking committee and janet yellen. >>> i've been very concerned about this monetary policy for some time. i wonder if you could, for the committee, give us a sense of how you would quantify the benefits that the economy has enjoyed, assuming you believe there are benefits from this unprece

peltz whose fund managing about $1.2 billion in pepsi stock. it previously called for such a move. peltz is unsatisfied by plans announced this week by pepsi, which would return more cash to shareholders. for its part, pepsi said its management and its board are united in their opposition. she was in no uncertain terms said that that's not in the cards and it makes sense to do it. >> it seemed incredibly picky to you in the sense of we've got this other story where facebook is paying $19 billion for this app that i don't -- we're going to talk about that, but peltz is arguing to separate soda and chips. >> yeah. >> to me, it just seems like why are we spending time with that? not we, but -- >> and the other story is, you spent a year, you know, getting out the word that the fed wanted, which is don't worry about adding qe, we're going to keep rates low for a long time. they shifted their entire message, that don't worry about as we're winding down qe because we're going to keep rates. they shifted everything. don't worry about that qe stuff because we're going to keep it. the minut

nelson peltz got in. talk about pepsi later on. >>> coming up, super bowl champion and seattle seahawks quarterback russell wilson joins us for the big bucks behind his big win. >>> and not just the chinese yuan worrying investors. and how to play all of the volatility, is next. ♪ [ bell ringing, applause ] five tech stocks with more than a 10%... change in after-market trading. ♪ all the tech stocks with a market cap... of at least 50 billion... are up on the day. 12 low-volume stocks... breaking into 52-week highs. six upcoming earnings plays... that recently gapped up. [ male announcer ] now the world is your trading floor. get real-time market scanning wherever you are with the mobile trader app. from td ameritrade. what'swithout the thinking capitathat makes it real??app. what's a vision without the expertise to execute it... and the financing to make it grow? whatever your goal, it can change more than your business. it can change the future. that's why, at barclays, our ambition is to always realiz

. >>> activist investor nelson peltz continues to pressure pepsi. he says he's spoken with several big shareholders and received positive reaction to his plan to split up the snack and beverage company. he says he plans to take the issue to every major pepsi shareholder in the coming weeks. pepsi responded by saying it remains focused on delivering results for shareholders not new costly quote distractions. shares rose .5% to 79.07. >>> another activist is once again stepping up its fight for sotheby's. dan loeb's third point hedge fund plans to nominate three people to the company's board according to a filing. loeb himself will be one of the nominees. in response, sotheby says it's disappointed that third point has chosen this path. last october loeb called for management changes includinged ceo stepping down. the stock fell a fraction to 50.37. >>> and joseph a. bank has rejected men's wear house's latest takeover offer. it said know to the bid but did say it's willing to consider a higher offer and will meese with men's wear house to discuss pri

well, first, let's start with the peltz statement.ntaining the current structure highly subjective, full of platitude and lacking strong supporting analytics. what is the benefit of scale and synergies if pepsico loses market share in critical segments and delivers lower sales -- margins, excuse me, earnings per share growth and total shareholder returns than piers over an extended period of time? one bone he picked with the pepsico review. let's get to the pepsico statement to get the balance because both have been vocal and defensive. pepsico's management and board of directors has clearly spoken on the issue and we engage constructively and invested large amounts of management time and significant financial resources analyzing the proposals. management and the board have spoken clearly. the focus is on delivering results for our shareholders and not new costly distractions that would harm shareholder interest. and they're confident that they're going to be able to deliver shareholder value through this. david, it raises a lot of qu

peltz was disappointed with his proposal and will take the case directly to investors. >> number threeourth-quarter results that beat analyst estimates. yetopped the biggest year for the company. they sold a record number of model s the occult. s for the year. safeway is in talks to be bought out. safeway says the discussions are ongoing and there is no guarantee a deal will be reached. the opening bell. our number one stock of the day is facebook. it has agreed to buy mobile messaging startup whatsapp for $19 billion, the biggest acquisition in more than a decade. bought instagram for $700 million and has been adding applications to lure tablet users. many eyebrows are being raised as to the $19 billion price tag. it's a company that does not have a profit and people are wondering how it makes its money. we will talk about that later in the show. -- as we watch the market trading, i want to bring in steve and joyce from choice hotels international. his business as a barometer for the company and we will talk a little about whether or not this market which has been on a tear can really

there's been pushback against the likes of carl icahn and nelson peltz. sometimes even blistering public criticism. now a battle with darden restaurants. we will have a special report coming up. >> it's very, very intriguing. >>> then a new report that shows employees of the s.e.c., the securities and exchange commission, you know, the regulator of the stock market, not only allowed to own stock but they also seem to sell stocks that they own ahead of bad news that hurts the value of those stocks. what's wrong with this picture? is there a d.c. double standard at its worst? eamon javers has details coming up. >>> let's zero in on how we are doing. the markets, we see the dow trying to cling to a 22-point gain. the s&p 500 is up less than one point. the nasdaq is off 26 at this hour or 0.6%, bill. >> just -- we may turn negative on the s&p in a moment. let's talk about today and the outlook in our closing bell exchange with lizzette cooper, john stolfus, david kudlow, bob pisani and rick santelli. bob, we have seen late-day sell-off anyway lately, but now

peltz would argue that pepsi has underperformed.ould be much better off splitting these companies into two different units. so there it is. the 8k from pepsi. that's the story. back to you. >> scott, thanks very much. robert, thoughts here? >> look, my first job in journalism was covering coke and pepsi. throughout history, what you've seen is that snack group for pepsi has been such a buffer globally when you look at the ups and downs of the carbonated beverages. i would much rather be a pepsi shareholder going into the future than coe cca-cola. >> if you listen to pepsi's recent earnings, they have continually pounded the table for all the benefits of being one company, one alignment. distribution is the big issue, right? then with both of them combined, they have better distribution. >> wow. we're going to keep a close eye on this one. it's going to get back into this question of, is the snacks business a better home potentially for something with -- >> and it has been so good at kind of listening to them, bringing them in. the w

at the same time, activists investor nelson peltz turning up the heat on pepsi coe telling cnbc he'swith several pepsi shareholders and positive reaction to split up the business. his firm will take the case to every major pepsico shareholder in the coming weeks and, of course, we can't forget about carl icahn, right? he still wants ebay to split off its paypal payment unit, making his case to the company and shareholders. in the latest, ebay chairman is sending another letter in this chain of letters saying that carl icahn's statements are false and misleading. sotheby's, pepsico, ebay, will all continue to be a focus for investors. now, we send it off to tyler, off in southern california. back over to you, tyler. >> dominic, thank you. here at l.a. live outside the nokia theater where some 3,000 ceos worldwide representing 100 countries have gathered for the young presidents' organization's annual meeting here. it's really a conclave of people who are on the front lines of the economy. this group represents some 15 million employees globally. some 6 trillion in annual revenues. the

so should pepsi listen to peltz? talking numbers.the technicals, fbn securities on fundamentals. and kevin, start with you. why should we believe that this 37-page letter will do something when pepsi is already engaged in an exhaustive strategic review? >> the strategic review is coming because the company has struggled recently, but when you look at the whole discussion, the discussion is great, because it's really focusing management, whether the deal goes through or not, it's focusing management on operating efficiency and trying to do the best thing in terms of shareholde shareholders. the whole discussion is a positive. whether they get it done or not, tough to tell. the board is packing the chairman -- going to be tough to push that plan through, but even drawing attention to it this way i think is a positive for shareholders. >> the attention has been drawn. if snig tough 20 puanything it through, what's the up point? >> a wonderful job doing the parts analysis. look at the bottling company, snack company, net out dissynergies

i would point to peltz and heinz as a great example. i witnessed with it my own eyes. can't paint this with one brush. it's more complicated. >> do you get the sense that the companies and ceos you talk to feel like they're under siege? >> if they feel the conversation has become a little bit ridiculous. this is a relatively recent phenomenon. we're not saying it's a bad phenomenon. we're not saying that activists don't have a place in business in owe site in america. what we are saying that is you can't have a 140 character tweet be sent out about apple. probably to you guys and then all of a sudden the company goes into turmoil, hundreds of millions of dollars or billions of dollars are lost and nobody's had a conversation. that's not healthy for the financial system. if that's where we are, we have a real problem. this is not just about activism. this is about governance. directors and shareholders opting at the behest of management. they're the ones responsible for i have an obligation. >> how does this actually work? are people going to have meetings and talk on a

and snack food giant has now officially rejected the latest proposal from activist investor, nelson peltz. the board saying it's now in complete alignment rejecting his proposal. he sent a letter last week urging the company to spin off beverages and focus on salty snacks. makes it easier to say talk to the hand when your stock is trading where it is. he has toukd folks that he is not trying to professionals will -- >> i have seen some other shareholders here in support of pepsi. >> i think right now, arguably, from what i want, i talked to some people yesterday who were involved in this that the math would suggest that nelson is on the losing side in this situation. >> i like nelson, but you know me. >> you think the synergy is wild. >> i like anything that ends in tos. if i reached for the free tfrits and reach for a pepsi, fritos, doritos, everything ends in t-o-s. fritos, tostillos. those aren't the same, though. >> the problem is it's a counterfactall argument. >> it's an uphill battle. >> do you get more shelf space if you have drinks there or -- >> in certain parts of the world, yo

remind the me very much, nelson peltz, stay tuned and pepsico stay tuned. that are older are telling us what to stay tuned for. >> they are. icahn seems much more focused on governance as opposed to on explaining the scenario behind his wish to have paypal split up. >> nasty nasty. >> various hedge fund guys who i know own the stock and, i tell you, i've gotten split decisions. some people believe paypal would be better off on its own and others say, no. >> from a calm standpoint carl was on cnn yesterday, he has a web page. he's obviously twitter was another step. i mean, he has gone broad so to speak in an era where activists, he's trying to change the image, right? the connotation of the word activist investor. >> exactly. exactly. the people's activist. look, i know that 1980 he would not have said in the '80s he was not the people's advocate. >> no. >> in this one greed is bad. greed is bad. the anti-geko. >> considerations i had with him for many, many, many years you'll end up having the same conversation for much of that time you are on the phone wi

this may be like a nelson peltz thing where companies are reacting ahead of time. >> they say, of course attempting to maintain a constructive dialogue with casablanca and they made a number of changes to the board and new ceo put in by them, no thank you mr. drapkin at this point whose firm owns 5.2% of the company. >> you could say they rounded up the usual suspects for their management team. >> yes, they did. let's move on to aeg. >> what do you need? all right. aeg buyback, dividend, and bullish as i've ever heard, book value $60! but bernstein research is this the pause for property casualty? that has been the problem ever since travelers lowered the boom by saying it's challenging and competitive. you are never allowed to say challenging and competitive in any release, david, because those are words like the duck comes down. challenging means sell. people are selling aig. i thif it's premature, i think the company is doing very well, but do you know what, it's gotten competitive. >> it has. i looked at the stock over a longer period of time and it does feel like it's been -- >> thi