Paramount Tells Lawmakers That Netflix-WBD Merger Is “Presumptively Unlawful”

Core Viewpoint - Paramount's legal officer argues that Netflix's acquisition of Warner Bros. Discovery (WBD) assets is "presumptively unlawful," claiming it would strengthen Netflix's dominance in the streaming market [1][2] Group 1: Legal and Regulatory Context - Paramount's chief legal officer, Makan Delrahim, submitted a letter to a House Judiciary antitrust subcommittee, asserting that the Netflix-WBD combination raises antitrust concerns [1] - The letter coincided with a hearing on the streaming market, where the sale of WBD was a key topic among lawmakers and expert witnesses [1] - Delrahim criticized the broader market definition that includes platforms like YouTube and TikTok as substitutes for premium content, labeling it "tortured and absurd" [2] Group 2: Market Competition and Definitions - Delrahim contended that Netflix previously did not view YouTube as a competitor, referencing its own securities filings that compared Netflix to actual streaming competitors [2] - The outcome of the regulatory review will depend on how the government defines the competitive landscape, whether narrowly focused on subscription streaming or broadly including other platforms [1] Group 3: Transaction Details - Warner Bros. Discovery recently entered into a deal with Netflix, involving the sale of studio and streaming assets, while WBD's cable channels will be spun off into a separate entity [3] - Congressional lawmakers have oversight over the Justice Department but lack direct authority to approve or reject the transaction, which will also be reviewed by European regulators and state attorneys general [4]