The potential merger between Netflix and Warner Bros Discovery Inc.’s television and film studios and its streaming division is expected to face antitrust scrutiny as the deal would significantly lessen competition in several key markets.
McCarter & English partner and former DOJ Antitrust Division attorney Robin Crauthers spoke with Westlaw Today to discuss the deal, what antitrust hurdles may occur, and what other potential litigation may arise. Crauthers noted that antitrust regulators in the US and Europe will focus on whether combining Netflix and HBO Max would substantially reduce competition in viewers/subscribers, advertising, and content acquisition and licensing for streaming.