Netflix Is Trying to Buy Warner Bros Discovery. That Would Be a Disaster for America.

Today Netflix and Warner Bros Discovery announced a $72 billion merger, in a deal intended to consolidate Hollywood into the hands of a streaming giant.

“Our mission has always been to entertain the world,” said Ted Sarandos, co-chief executive of Netflix. He added that the combination of the two entertainment giants together “can give audiences more of what they love and help define the next century of storytelling.”

Already, filmmakers are coming out anonymously saying that the streaming giant, if the deal goes through, would “Hold a Noose Around the Theatrical Marketplace.” Just the fact that creative powerful storytellers are afraid of opposing this deal publicly should tell us something. The deal looks illegal and is likely to face a merger challenge, which I’m going to go into. It may ultimately even prompt a monopolization case against Netflix.

First, let’s talk about why this deal is happening and why it’s problematic.

Warner Bros Discovery is one of five remaining major film studios and the third biggest streamer via HBO Max (after Netflix and Amazon Prime). It has a lot of great assets, including “franchises like DC’s superheroes, Harry Potter, Lord of the Rings, Game of Thrones, Looney Tunes and Scooby-Doo. It is also the distributor of Legendary’s Dune franchise and Godzilla and King Kong films.” Warner Brothers has been sold multiple times in the last 30 years under the same premise that consolidation is necessary, and every single time the merger has been a failure. Nevertheless, they are still at it.

For the last eight months, there’s been an auction of Warner Bro. Discovery. The CEO of the company, David Zaslav, is a reviled executive who has done a poor job for shareholders and filmmakers, but will nonetheless get paid $500 million if the deal closes. But Zaslav is just the help, the real power here is cable billionaire John Malone.

There were multiple bidders in the process. Comcast/NBC and Paramount were the others, they owned traditional studios. Netflix, however, is different. It doesn’t release its content into theaters, and most people think that the goal of Sarandos is to kill the entire movie theater business in favor of streaming.

One very obvious problem with this deal is that movie theaters right now are in a precarious position, and Netflix will likely push them over the edge. A theater needs a certain number of new releases to be profitable, ...