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On Monday, the lawsuit was filed, and on Friday, a hearing was held to decide whether a judge would temporarily pause the deal.
Paramount and Warner Bros. Discovery deal faces major challenges. While the deal was locked between two of Hollywood’s biggest production houses, it has now been challenged in court. On Friday, a judge heard a plea from 12 states, led by California, to stop the merger. Hollywood’s biggest studios, Paramount and Warner Bros. Discovery, had agreed to a historic $110 billion deal.
On Monday, the lawsuit was filed, and on Friday, a hearing was held to decide whether a judge would temporarily pause the deal.
Paramount Skydance’s proposed takeover of Warner Bros. Discovery has been debated for a long time, and now attorneys general from 12 states have sued to block the deal.
On Friday, the hearing was held, with the court saying it would issue a ruling by next Wednesday.Judge Araceli Martinez-Olguin has reportedly suggested that Paramount had conceded it would not suffer harm from a temporary restraining order, which would put the deal on hold for 28 days.
During the hearing, Paramount’s lead attorney, Jeffrey Kessler, said that states have failed to prove their point that the deal is an, 'anticompetitive.'
The states have come forward against the major deal, arguing that it will harm competition in both theatrical and basic cable markets. They have contended that other production houses and new entrants are still competing in the market, whether it’s Apple’s F1 or Amazon MGM Studios’ Project Hail Mary. The success of these films, they argue, is proof of this.
“In this industry, talent is completely mobile,” Kessler argued. “So actors, writers, directors — they go from studio to studio.”
On this, James Weingarten said that Warner Bros distributed Brad Pitt's film. “That’s the power of the five majors,” Weingarten argued. “Apple is not in the movie business. They’re in the cellphone and laptop business.”
The hearing lasted more than one hour, with both parties arguing over a merger that would be a major shift for the entertainment business. Kessler argued that the court should not rely on the states’ statistics for market concentration. However, Weingarten countered that nearly 50% of TV households in America still have cable TV, and this merger will control the market and threaten to increase prices and reduce output, harming the theatre and cable businesses and, ultimately, consumers as well.
He also stated that Paramount, Warner Bros., Disney, Universal, and Sony are the five largest theatrical distributors and have controlled the market for over 10-15 years.
“These are not dying industries,” Weingarten said. “These are $10 billion, $40 billion industries in movie theater distribution and cable, respectively.”
Earlier this week, the Writers Guild sued to block the US Paramount deal, saying that this acquisition would violate federal antitrust law and harm writers. The Paramount has pushed the closer date of the deal for over two months now.