Paramount wins DOJ approval for Warner Bros. Discovery merger as $7 million daily fee deadline looms
The US Department of Justice has formally approved David Ellison's Paramount Skydance to acquire Warner Bros. Discovery for approximately $110 billion, clearing the most significant
The US Department of Justice has formally approved David Ellison's Paramount Skydance to acquire Warner Bros. Discovery for approximately $110 billion, clearing the most significant federal regulatory hurdle in a merger that would rank among the largest media consolidations in American entertainment history. DOJ rules out consumer and competition harm The Justice Department concluded its antitrust review on Friday, determining that the proposed union posed no meaningful threat to streaming, traditional television, or film. "The Division has completed its analysis of the proposed merger of Paramount and Warner Bros. and determined based on the evidence received in its investigation that the transaction is not likely to result in harm to competition or American consumers," the department said in a formal determination. It further noted that "substantial evidence does not suggest a likelihood of reduction in output" in creative production, directly addressing concerns that consolidation could constrain Hollywood's output.
Paramount spokesperson told Business Insider said it was "grateful for the Department of Justice's thorough review of this transaction, as well as the work of the other agencies that have completed their reviews and provided clearance to date." "This deal is pro-competitive, resulting in a stronger company better positioned to compete against dominant technology platforms in an industry increasingly defined by intense competition for audiences, talent, technology, and investment," the spokesperson added. "We remain focused on completing the transaction as soon as possible and delivering its benefits to consumers, creators and the entertainment industry as a whole." Paramount's stock climbed approximately 3% in after-hours trading after Politico first reported the federal approval. September deadline and the $7 million daily ticking fee Paramount has set a late-September target to close the acquisition, a timeline carrying a mounting financial penalty. From 30 September, a ticking fee of approximately $7 million per day becomes payable for every day the transaction remains unsealed, adding significant pressure to the outstanding regulatory processes still under way in Europe and California.
How Paramount outbid Netflix for Warner Bros. Discovery Warner Bros. Discovery had originally reached terms with Netflix to sell its studio and streaming assets, comprising the Warner Bros. studio and HBO Max, for $27.75 per share. Paramount entered the contest with a rival offer of $30 per share for the full company, encompassing cable television networks including CNN, HGTV, and TruTV alongside the studio and streaming businesses. In late February, Paramount raised its bid further to $31 per share, sharpening the competitive pressure on WBD's board. That board weighed both proposals in February and concluded that Paramount's represented the superior offer. WBD shareholders have since voted to approve the transaction. California AG and EU still reviewing The DOJ clearance does not resolve all outstanding regulatory exposure. California Attorney General Rob Bonta's office confirmed the deal "remains under investigation by the California Department of Justice," leaving open the prospect of a state-level legal challenge that could complicate or delay closing.
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