Trump DOJ Friday News Dumps Its Approval Of The Job-Killing Paramount, Warner Bros Merger

from the less-competition-is-more-competition dept

The Trump “Department of Justice’s” “antitrust division” dumped its unsurprising approval of the terrible Paramount Warner Brothers merger late on Friday in the hopes people wouldn’t notice it.

As we’ve noted the $111 billion megadeal is a historically harmful mess. Backed by billions in Saudi and Chinese cash (raising all sorts of foreign media influence concerns), the giant deal will saddle the company with so much debt that mass layoffs, consumer price hikes, and quality erosion from corner cutting are guaranteed. This happens with every major media merger, but especially when Warner Bros is involved.

And that’s before you get to the problems with Larry Ellison and his Bari Weiss brigades trying to destroy what’s left of already soggy U.S. corporate journalism and replace it with right wing, oligarch-friendly agitprop.

Regardless, you’ll be comforted to know that the Trump Justice Department looked at the deal closely and found that not only does it not hurt competition, it’s going to improve competition:

“The evidence reviewed and carefully analyzed by the Division indicates that, post-merger, competition in SVOD is not likely to be harmed. To the contrary, the combined firm is likely to increase competition by offering consumers a more robust competitive alternative to the larger SVOD offerings.”

That is, again, not how any of this works.

The massive debt created by these deals always results in mass layoffs, higher consumer prices, and lower quality product due to corner cutting. It’s not debatable. Arguing against this is like trying to have a fist fight with a running river. You just have to look back at, well, every single major media consolidation effort in the last fifty years. Which the DOJ didn’t because, well, they didn’t care.

You’ll still have major competitors to Paramount like Netflix, Comcast/NBC, Apple, and Disney, but in a country obsessed with consolidation that no longer has functional regulators, there’s really nothing stopping any limit of predatory behaviors — and additional consolidation — moving forward. There’s ongoing pretense that our consumer and labor protections still function. They don’t.

The “funny” part is the Trump DOJ even acknowledges that the history of Warner Brothers has been pockmarked by all manner of terrible competition-eroding consolidation. They just pinky swear that this time will somehow be different. Based on… nothing:

“Warner Bros. has been a repeated acquisition target in the media and entertainment industry. It is thus familiar to the Division from prior investigations and enforcement actions, including AOL/TimeWarner (2001), AT&T/TimeWarner (2018), and WarnerBros./Discovery (2022). The legacy of these transactions illustrates the challenges that arise when the commercial rationale for a deal lacks clear alignment with competitive incentives of the acquiring firm or the competitive evolution of the marketplace. In technology-driven industries, the disruptors of the recent past may quickly become the entrenched monopolists of the present day. It is with this historical experience and present enforcement sensitivity to the contestability of dynamic markets that the Division conducted a thorough investigation of the proposed transaction to assess whether the proposed transaction presented any harm to competition. The extensive investigatory record reviewed by the Division suggests that the impact of the transaction will be to increase competition across the media and entertainment ecosystem, with benefits for American consumers and workers.”

Fun fact: Paramount’s top lawyer is Makan Delrahim, Trump’s “DOJ enforcer” from the first administration. Delrahim personally worked to make sure Sprint could merge with T-Mobile during the first term. They promised that deal would result in untold synergies and new competition. Instead, 8,000+ people lost their jobs and U.S. wireless carriers immediately stopped competing on price. It’s been memory holed.

As far as the inevitable layoffs that always result from these deals (recall that AT&T’s merger with Warner Brothers and DirecTV resulted in 50,000 lost jobs), the DOJ simply declares that won’t be happening this time. Why? Because Larry and David Ellison said they’ll keep pumping out brick-and-mortar movies at the same or greater pace (they won’t):

“While taking seriously the potential impact of the proposed transaction on the creative community and domestic labor groups, the substantial evidence does not suggest a likelihood of reduction in output. That is because the demand for creative workers and labor is correlated with the Parties’ incentives to maintain or expand output. Thus, the expressed labor concerns do not raise actionable antitrust concerns.”

In three years, after the resulting company has fired 10,000+ employees, consumers have been price gouged to reduce debt, and the resulting flailing mess is acquired for half (or less) of the price, all the folks involved with this will have moved on to hyping other terrible ventures. Nobody will own any of this or engage in a single moment of meaningful reflection. That’s how this always works.

And the corporate press (and pundits like Matt Stoller) will still try to tell you that Republicans are to be taken seriously on antitrust reform.

Granted DOJ approval of a terrible merger isn’t the final word. State AGs have hinted repeatedly at a looming collaborative antitrust lawsuit that, at a minimum, is likely to drag any integration out considerably. If that lines up with a potential AI bubble pop and economic reverberations, that massive debt load from gobbling up CBS/Paramount and Warner Bros will be an even larger albatross.

Filed Under: antitrust, competition, david ellison, doj, journalism, larry ellison, makan delrahim, media, media consolidation, mergers, streaming

Companies: paramount, warner bros.