{"id":642,"date":"2026-08-14T10:13:47","date_gmt":"2026-08-14T10:13:47","guid":{"rendered":"https:\/\/frontierhousingreport.com\/?p=642"},"modified":"2026-08-14T10:13:47","modified_gmt":"2026-08-14T10:13:47","slug":"paramounts-merger-strategy-empty-promises-and-empty-threats","status":"publish","type":"post","link":"https:\/\/frontierhousingreport.com\/?p=642","title":{"rendered":"Paramount\u2019s Merger Strategy: Empty Promises and Empty Threats"},"content":{"rendered":"
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The Justice Department broke the law, and the remedy is getting what they want.<\/p>\n

That was the verdict from Judge Casey Pitts in the merger settlement involving Hewlett Packard Enterprise and Juniper Networks, the first case that really put the pay-to-play corruption of Donald Trump\u2019s antitrust enforcement in full view. A law called the Tunney Act was written to prevent merger settlements that are the product of backroom deals, by empowering judges to block those settlements out of respect for the public interest.<\/p>\n

Read more Trump\u2019s Planned Landlord Bailout Would Funnel Billions to Private Equity<\/a><\/p>\n

Judge Pitts indeed found that the Justice Department violated the Tunney Act. Hewlett Packard Enterprise hired well-connected lobbyists William Levi, Mike Davis, and Arthur Schwartz, and threatened the leaders of the Antitrust Division personally (\u201cIf you don\u2019t approve this settlement, I will destroy you,\u201d Davis reportedly told then-antitrust chief Gail Slater) in demanding their settlement. When they met resistance, the lobbyists went over their heads to senior DOJ leadership (including some meetings which DOJ failed to disclose, as per the law) and got the settlement approved, with some inadequate divestitures. Hewlett Packard even wrote the competitive impact statement, something the Justice Department is required to do in a merger settlement; DOJ didn\u2019t meaningfully change what the company sent them. Those who resisted at the Antitrust Division were all eventually fired.<\/p>\n

More from David Dayen<\/em><\/strong><\/p>\n

Yet Judge Pitts ultimately approved the merger settlement. While it would affirmatively concentrate market power, he helplessly concluded that DOJ could respond to any blockage of the settlement by dropping the case entirely and allowing the merger to go forward, and then the public wouldn\u2019t get the benefit of the inadequate divestitures DOJ used to paper over their concierge service to lobbyists.<\/p>\n

This essentially negates the Tunney Act as a meaningful check on the corruption of antitrust enforcement. Judge Pitts is saying that he must accept whatever the Justice Department spits out because the alternative will always be worse. At a time when the Justice Department is literally devising how to accelerate merger reviews, this is a rubber stamp for lobbyists selling endless concentration.<\/p>\n

Judge Pitts did add, however, that the states, which initiated the Tunney Act challenge, could always file their own lawsuit against the merger.<\/p>\n

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Read: Why Paramount should be worried<\/strong><\/p>\n<\/blockquote>\n

That\u2019s what\u2019s happening in the lawsuit 12 state attorneys general, led by California\u2019s Rob Bonta, have filed to block the merger between Paramount and Warner Bros. Discovery. We now have a trial date of March 2 next year, five months after the merger contract stipulation kicks in that will cost Paramount $7 million every day it doesn\u2019t close. So having been forced to face judgment in an actual court, Paramount is turning to the court of public opinion, in a massive spin job to confuse observers and policymakers and pressure the AGs to settle.<\/p>\n

The strategy has two parts. First, Paramount is arguing that the lawsuit is politically motivated to stop the takeover of CNN, even though anyone can read that the doesn\u2019t contain a single reference to it. Second, Paramount is whispering it would move out of California if Bonta doesn\u2019t negotiate a settlement, a likely empty threat that even if carried out would show the very imposition of market power Paramount claims it doesn\u2019t have.<\/p>\n

These misinterpretations, half-truths, and intimidation schemes may take in clueless public officials\u2014see California gubernatorial nominee Xavier Becerra saying the AGs should settle. But to give in to this pressure campaign would mirror Judge Pitts, conceding helplessness in the face of ongoing corruption. And Bonta has shown no indication that he would do this and extinguish the last hope against effective corporate control of government.<\/p>\n

DAVID ELLISON\u2019S <\/strong>OP-ED LAST WEEK<\/strong> in The New York Times<\/em> rolled out part one of the strategy. There, the Paramount CEO and scion to mega-billionaire Larry Ellison claimed the merger controversy all comes down to cable news. \u201cThe issue is whether I can be trusted as a steward of Warner\u2019s CNN,\u201d he writes, going on to make vague statements about his politics and a commitment to \u201ctell it straight down the middle.\u201d<\/p>\n

Put aside the ways in which Ellison\u2019s existing news product, the Bari Weiss\u2013run CBS News, is manifestly not playing it straight. But CNN has nothing to do with the merger challenge. The state AG case says that a combined Paramount\u2013Warner Bros. merger would control a significant enough share of the market in wide-release films, blockbuster films, and basic cable television channels to be presumptively illegal in all three. As a result, the combined firm would obtain power to force more favorable deals for them on theater owners and cable companies, forcing those entities to raise prices on consumers.<\/p>\n

That\u2019s it. It\u2019s a simple antitrust case that says nothing about control of the news media. It states that one company amassing power in key markets lessens competition and should be stopped.<\/p>\n

Read more Trump Wants Black People Barred From Med School<\/a><\/p>\n

But once Ellison floated his CNN take, leaks from Paramount framed imaginary settlement terms around that topic. There\u2019s talk of an independent editorial oversight committee for CNN; Paramount\u2019s chief legal officer Makan Delrahim even intimated in a public appearance that a possible sale of CNN was \u201con the table\u201d to settle the deal, something that Paramount execs frantically walked back a day later. It\u2019s hilarious that they had to do that, presumably to prevent Trump from throwing a fit since control of CNN really is what he wants; but again, none of these proposals have anything to do with what the AGs see as intolerable about the deal.<\/p>\n

The goal here is to paint the AGs as unreasonable political zealots trying desperately to protect an unpopular liberal media, to discredit the case and suggest a hidden agenda. In reality, the AGs are attempting to mitigate severe harms to everyone who watches, distributes, or works on TV and movies.<\/p>\n

Part two of the strategy is the stick to the CNN carrot. \u201cIf I was governor, I wouldn\u2019t want to lose Hollywood from the state. I wouldn\u2019t want to lose a major company like Paramount to another state,\u201d Delrahim said at the Politico conference, while simultaneously dismissing claims that Paramount was engaged in blackmail. I don\u2019t know what else you would call it.<\/p>\n

According to the Los Angeles Times<\/em>, the Paramount board has approved a relocation to either Tennessee or Texas, though Ellison has told them his \u201cpreference\u201d is to stay in California. You can imagine why: Practically every agent, manager, producer, above-the-line and below-the-line personnel lives in Los Angeles, where all the other studios and soundstages are located as well, even as some production has shifted elsewhere. The studio headquarters is where the deals are made, and if you move to a place with no dealmakers, you will be well behind the curve. This is a threat which, if carried out, would hobble Paramount significantly.<\/p>\n

And they know that, because the threat is only designed to get skittish policymakers and entertainment industry employees to push for a settlement. Becerra characteristically took the bait immediately; there are reports that Gavin Newsom did the same, though he has issued non-denial denials. The Directors Guild of America and the union representing behind-the-scenes talent (the International Alliance of Theatrical Stage Employees, or IATSE) that they would support a settlement that keeps Paramount in Los Angeles and stipulates that Paramount and Warner Bros., as separate studios, commit to 30 films a year with a 45-day theatrical window, license content at the same rate, keep HBO as a pay TV channel, and maintain domestic production, among other things.<\/p>\n

Not only are these , and not only do they fail to address the bargaining harms of higher prices and lower quality, but we also have examples of such promises being broken, like the 2010 Ticketmaster settlement. But the timing of the DGA and IATSE dropping that request is clearly influenced by Paramount making noise about moving. They are trying to scare the professionals whose pleas to block the merger helped bolster the lawsuit, and produced a different one from the Writers Guild about the risks to industry worker pay with one fewer buyer for their services.<\/p>\n

It flies in the face of Ellison\u2019s claims that his merger would \u201csave Hollywood\u201d to threaten to destroy it. The threat shows that Paramount indeed has market power that it is willing to use.<\/p>\n

The bottom line is that Paramount is worried about losing in court. They are engaging in a war to influence public opinion the same way that tech firms have done to try to stop impositions on their conduct by antitrust enforcers. These threats and promises and claims about partisanship are emerging out of fear rather than strength.<\/p>\n

Bonta and his fellow AGs aren\u2019t stupid. They know they can win this case and retain competition in an important U.S. industry. They know the threats are self-destructive and the promises are either unenforceable or beside the point. They know that the industry would be seriously damaged, maybe irreparably, by yet more increased consolidation. With Judge Pitts\u2019s settlement in the Hewlett Packard case, they know that their only recourse to prevent this harm is a lawsuit.<\/p>\n

They are unlikely to be swayed by PR fluff and gangster tactics, the way Trump\u2019s Justice Department has been.<\/p>\n

Read more No Minority Is Safe From Trump\u2019s Mass Deportation Machine<\/a><\/p>\n<\/div>\n


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The studio is alleging that the state attorneys general challenge to the merger with Warner Bros. is all about CNN, and that they\u2019ll leave Hollywood if they don\u2019t get their way.<\/p>\n","protected":false},"author":1,"featured_media":641,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[],"class_list":["post-642","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-money-politics-and-power"],"yoast_head":"\nParamount\u2019s Merger Strategy: Empty Promises and Empty Threats - Frontier Housing Report<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/frontierhousingreport.com\/?p=642\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Paramount\u2019s Merger Strategy: Empty Promises and Empty Threats - 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