Federal judge halts $110bn Paramount-Warner Bros Discovery merger

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Federal judge halts $110bn Paramount-Warner Bros Discovery merger

Developed over time first seen 2 months ago

Polygon · 2 months ago

A US federal judge has issued a temporary restraining order halting Paramount's proposed $110 billion (£86 billion) takeover of Warner Bros. Discovery, dealing a blow to the deal just as it appeared to be clearing regulatory hurdles. The order, granted by a judge in the Northern District of California, followed a lawsuit from 12 state attorneys general, led by California's Rob Bonta, who argued the merger would breach US antitrust law by concentrating too much power over film distribution and cable TV licensing, in violation of the Clayton Antitrust Act. The block came despite the US Department of Justice having cleared the tie-up in June, concluding it was unlikely to harm competition and could even offer consumers a stronger rival to streaming giants such as Netflix and Amazon.

The 14-day hold gave the court time to consider whether to grant a preliminary injunction that would freeze the merger for the duration of the litigation. Bonta called the order "a critical first win", warning the deal would mean "fewer opportunities for more people, worse products and services for all people." The proposed merger, agreed in February after a rival Netflix bid for Warner Bros. collapsed, would combine two major studios, the HBO Max and Paramount Plus streaming services, numerous TV networks and games studios, and carries roughly $29 billion in debt along with termination fees running into billions of dollars. It had already drawn criticism from directors, producers and actors in April, who urged regulators to intervene.

  • Judge temporarily blocked Paramount's $110bn Warner Bros. Discovery takeover
  • 12 states sued, alleging breach of US antitrust law
  • Move contradicts DOJ's earlier approval of the merger in June

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Federal antitrust law limits mergers that could reduce competition, and companies planning very large deals often need approval from US regulators before they can close. Paramount and Warner Bros. Discovery are two of the biggest names in American media, together owning film studios, television networks, streaming services and games studios, so combining them would reshape a large part of the entertainment industry. Regulators such as the Department of Justice, as well as individual state governments, can challenge or seek to block mergers they believe would harm consumers or reduce choice.

The deal in question was agreed earlier this year after an earlier attempt by Netflix to buy Warner Bros. Discovery fell through. Rob Bonta, California's attorney general, is among a group of state officials who argue the merger would give too much control over film and TV distribution to one company, while the Department of Justice had separately concluded the tie-up was unlikely to harm competition. These disagreements between different levels of government reflect a broader debate in the US over how much consolidation should be allowed among media and streaming companies competing with the likes of Netflix and Amazon.

The outcome matters beyond the companies involved, since it will affect jobs, programming and pricing for millions of viewers who subscribe to services such as HBO Max and Paramount Plus, and it may also set a precedent for how future media mergers are reviewed in the United States.

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Originally published by Polygon as “Paramount-Warner Bros. merger blocked by judge in new legal snag”.