DOJ Probes Netflix’s Power Over Filmmakers in Warner Deal Review
MINT·2026-02-22 00:09

Core Viewpoint - The Justice Department is investigating Netflix's proposed $72 billion acquisition of Warner Bros. Discovery, focusing on potential anticompetitive behavior and market leverage over content creators [1][2]. Group 1: Investigation Details - The investigation aims to determine if the merger may significantly reduce competition or create a monopoly, potentially violating the Clayton Act and Sherman Act [2]. - The scope of the review indicates it may take several months before a decision is made on whether to challenge the merger in court, which could benefit rival bidder Paramount Skydance Corp. [4]. - The investigation includes scrutiny of Netflix's business practices and its market power in negotiations with independent content creators [6][8]. Group 2: Netflix's Position - Netflix's Chief Legal Officer stated that the company operates in a highly competitive market and does not hold monopoly power, expressing willingness to cooperate with regulators [5]. - Netflix is spending approximately $20 billion on programming in 2023, which includes both original series and licensed content [7]. - Netflix accounts for about 9% of TV viewing in the US and has a significant share of the streaming market, with programming spending comparable to competitors like Disney and Comcast [9]. Group 3: Competitive Landscape - Warner Bros. has resumed talks with Paramount, which has indicated a willingness to increase its offer for Warner Bros. [10]. - Paramount claims that Netflix's offer may not pass regulatory scrutiny in the US or Europe and asserts that its own $77.9 billion tender offer has no statutory impediments [11]. - Ongoing reviews in the EU and potential challenges from US state attorneys general could slow down Paramount's offer [12].