Senior White House officials recently discussed antitrust concerns surrounding Netflix’s interest in acquiring the Warner Bros. studio and the HBO Max streaming service – raising doubts whether such a deal would give Netflix too much power over Hollywood, The Post has learned.
The high-level meeting that took place about 10 days ago hasn’t been previously reported. Several White House officials also suggested during the sitdown that a broader investigation is necessary focusing on Netflix’s market power, a government official who attended the confab said.
“Basically everyone agreed that Netflix presents unique antitrust concerns and if it won the bidding war it would be one long slog and touch off an investigation along the lines of those of Google and Amazon,” the government official said.
“Netflix already has market dominance but if you add a major streaming service that would stifle competition at some point,” the official added.
White House and Netflix press reps had no immediate comment.
The meeting comes as the Warner Bros. Discovery board has scheduled a Monday afternoon deadline to receive a second round of offers for the company. WBD controls the No. 1-ranked Warner Bros. studio and the No 3 streaming service, HBO Max, as well as a slew of cable channels including HBO and CNN.
Paramount Skydance, controlled by Hollywood producer David Ellison and his father, billionaire Oracle co-founder Larry Ellison, is expected to raise its initial bid, which in mid-October came in at $23.50 a share for the entire company.
Cable giant Comcast, run by Brian Roberts, is also expected to sweeten a more recent offer, although it has been given low odds of making it through the Trump regulatory gauntlet because of the president’s disdain for Comcast’s relentlessly anti-MAGA cable channel MSNBC, recently renamed MS NOW.
Meanwhile, Netflix is also expected to make a sweetened bid for WBD’s studio and streaming service – and faces a different but equally difficult set of hurdles getting regulatory approval, Trump officials said during the meeting.
The 28-year-old company created by Reed Hastings and led by its voluble CEO Ted Sarandos is currently the world’s largest streaming service with 300 million subscribers. White House officials at the meeting suggested its size could hamper competition in streaming where Americans increasingly consume their entertainment as cord cutting continues to shrink the cable TV business. They also raised the likelihood of European regulatory push back, the government official said.
Sarandos as well as a slew of company legal officials and lobbyists have been pressing the flesh in DC. As previously reported by The Post, they’ve been pleading a case that an acquisition of the No. 3 streamer and a major studio wouldn’t violate antitrust laws because of a legal theory known as “category ambiguity.”
According to the theory, antitrust law doesn’t necessarily apply to streaming services because of the prevalence of content that’s available on YouTube, TikTok and other social media. The idea is that streaming video is now so ubiquitous that it can’t be cornered and price gauged in the traditional sense.
But the pitch, while winning converts with members of the WBD board and some quarters of the DC regulatory framework, is now being met with significant skepticism from senior White House officials who advise Trump on media policy, according to a government official who attended the meeting last week.
Trump officials also voiced concern that Netflix is already wielding enormous power in the Hollywood ecosystem, not just with consumers but also when dealing with program creators and talent. A recurring theme of Trump’s regulatory agenda during his first term and today has been anti-competitive business models of media and tech concentration, the source noted.
If Netflix’s bid won out, the scale and scope of the deal to buy HBO Max and the studio should lead to a lengthy, possibly yearslong probe by the DOJ’s antitrust division run by Trump appointee Gale Slater. The probe could expand beyond the merits of its WBD deal to its entire operations, “something that the company has avoided until now,” the government official who attended said.
The meeting follows a letter by GOP California congressman Darrell Issa to Slater and her boss US AG Pam Bondi warning that “Netflix currently wields unequaled market power. Adding both HBO Max’s subscribers and Warner Bros.’ premier content rights would further enhance this position.”
But Sarandos may feel he has no choice but to make a run at WBD, and eventually fight off Trump’s regulatory cops in federal court if they nix his bid.
“If Paramount owns all its content plus Warner and HBO they will have control of a massive and quality library, and put Netflix behind the eight-ball in terms of negotiating for WBD content on its streaming service,” a media industry insider told The Post.
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