Netflix Officially Under DOJ Antitrust Scrutiny “To Create A Monopoly” With Warner Bros Merger; Feds Want Details From Producers & Filmmakers On Streamer's Leverage
Deadline·2026-02-22 17:12

Core Insights - The battle for control of Warner Bros. Discovery (WBD) between Netflix and Paramount has intensified, with Netflix facing a $108 billion hostile takeover bid and scrutiny from the Department of Justice (DOJ) regarding antitrust concerns [1][3][4] Group 1: Antitrust Investigation - The DOJ has issued a civil investigative demand to assess whether Netflix's proposed acquisition of WBD could substantially lessen competition or create a monopoly, potentially violating antitrust laws [3][4] - Recipients of the DOJ's civil investigative demand have until March 23 to provide necessary documents, coinciding with a special meeting of WBD shareholders to vote on Netflix's acquisition proposal [4] - Netflix's Chief Legal Officer has stated that the company operates in a highly competitive market and denies any claims of monopolistic behavior, asserting that their success is due to innovation and investment [7][9] Group 2: Market Dynamics - Netflix currently has 325 million paying subscribers, making it the most subscribed streaming service globally, while HBO Max has 128 million subscribers [9] - The competitive landscape is further complicated by Paramount's ongoing legal actions against the merger, indicating a contentious environment for media consolidation [4][5] - The timing of the DOJ's investigation aligns with heightened political scrutiny and public discourse surrounding the merger, including comments from political figures like Donald Trump [6][12] Group 3: Corporate Responses - Netflix executives appear to be relatively unfazed by the DOJ probe, viewing it as a routine part of the regulatory process [7][10] - Ted Sarandos, Netflix's Co-CEO, has publicly challenged Paramount to present a better deal, emphasizing confidence in the merits of their case regarding the merger [5][9] - The involvement of political figures, including Trump, adds a layer of complexity to the merger discussions, with mixed signals regarding support for the competing parties [11][12]