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Vanguard’s expired patent may emerge as game changer for fund industry

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SEC to decide on a new ETF structure and crypto's path forward in ETFs

An expired patent — previously held by Vanguard — may spark a shake-up in the exchange-traded fund industry.

Wall Street saw the patent as critical to Vanguard’s success because it saved an enormous amount of money in taxes. Now, the firm’s ETF competitors could get a chance to use it, too.

“It’s really a game changer,” BNY Mellon’s global head of ETFs’ Ben Slavin told CNBC’s “ETF Edge” this week.

Vanguard’s patent expired in 2023. How it works: Investors can access the same portfolio of stocks through two different formats: a mutual fund and an ETF. The portfolio has the same managers and the same holdings. “ETF Edge” host Bob Pisani notes the advantage is that it reduces taxable events in a (shared) portfolio.

Ben Johnson of Morningstar contends the structure could help millions of investors reduce tax burdens. His research firm describes it as a way for ETFs to exist as a separate share class within a mutual fund.

“ETF share classes appended to the mutual fund would help improve the tax efficiency of the fund to the benefit of everybody,” said Johnson, the firm’s head of client solutions.

It will ultimately come down to approval by the Securities and Exchange Commission.

“My thesis has been that it’s a matter of when, and not if,” said Johnson, who added the ETF industry thinks it could happen as soon as this summer.

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Stocks making the biggest moves premarket: TSLA, AAPL, AMZN, SPOT

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China to retaliate against nations that work with U.S. to isolate Beijing

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BEIJING — China on Monday warned it will retaliate against countries that cooperate with the U.S. in ways that compromise Beijing’s interests, as the trade war between the world’s two largest economies threatens to embroil other nations.

China’s warning comes as U.S. President Donald Trump‘s administration is reportedly planning to use tariff negotiations to pressure U.S. partners to limit their dealings with China. Trump this month paused major tariff increases on other countries for 90 days, while hiking duties further on goods from China to 145%.

“China firmly opposes any party reaching a deal at the expense of China’s interests. If this happens, China will not accept it and will resolutely take reciprocal countermeasures,” the Chinese Ministry of Commerce said, according to a CNBC translation.

The ministry cautioned about the risk to all countries once international trade returns to the “law of the jungle.”

The statement also sought to cast China as willing to work with all parties and “defend international fairness and justice,” while describing the U.S. actions as “abusing tariffs” and “unilateral bullying.”

Malaysia’s neutral trade strategy faces growing challenges as alliances shift, says Professor

In a shift toward a harder stance this month, China retaliated against U.S. tariffs with levies of 125% on imports of American goods. Beijing has also restricted critical minerals exports and put several, mostly smaller, U.S. companies on blacklists that restrict their ability to work with Chinese companies.

Analysts don’t expect the U.S. and China to reach a deal anytime soon, although Trump on Thursday said he expected an agreement could be reached in the next three to four weeks.

Chinese President Xi Jinping last week visited Vietnam, Malaysia and Cambodia in his first overseas trip of 2025. In official Chinese readouts of his meetings with the three countries’ leaders, Xi called for joint efforts to oppose tariffs and “unilateral bullying.”

Since Trump imposed tariffs on China during his first term, the Asian country has increased its trade with Southeast Asia, now China’s largest trading partner on a regional basis. The U.S. remains China’s largest trading partner on a single-country basis.

Last week, China’s Ministry of Commerce replaced its top international trade negotiator with Li Chenggang, who also became a vice minister and has been the country’s ambassador to the World Trade Organization. China has filed a lawsuit against the U.S. with the WTO over Trump’s latest tariff increases.

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Chinese stocks that could survive delisting, tariff worries

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