Former Federal Trade Commission chair Lina Khan became the latest voice opposing settlement talks between California State Attorney General Rob Bonta and Paramount Skydance in 12 states’ lawsuit against the acquisition of Warner Bros. Discovery, warning against unenforceable “behavioral remedies” and saying the merger “seems facially illegal.”
Khan, an outspoken advocate against business monopolies that sought to expand anti-trust regulation and enforcement as the FTC head under President Biden’s administration, posted a social media statement Sunday encouraging Bonta and the states to continue their case against Paramount.
“The Paramount/Warner Brothers merger seems facially illegal, and the state AG lawsuit challenging it is very strong,” Khan wrote. “It’s troubling to hear that the states may now settle for behavioral remedies, allowing the deal to go through subject to various promises from the firms. Behavioral remedies routinely fail, and the stakes here are particularly high given that a strong democracy requires open markets for sound journalism and creative expression.”
Paramount and Bonta were reported Friday to be in advanced talks about a potential settlement to the latter’s lawsuit, which seeks to block the company’s pending $110 billion Warner Bros. Discovery merger. Khan’s comments are among a resurgent wave of criticism against the settlement negotiations, which includes figures like Sen. Elizabeth Warren (D-Mass.) and Mark Ruffalo. The Block the Merger coalition, a campaign backed by the Future Film Coalition, has organized upcoming demonstrations against the merger in Los Angeles, New York and outside Bonta’s office in Oakland, Calif.
“The states were right to step up, and I hope they keep fighting to protect this market, its workers, and the millions of Americans who value a free press and a vibrant film industry,” Khan’s post concluded.
Bonta has publicly stated he is open to a settlement in his and 11 other states’ suit against Paramount, but has called for structural remedies, such as divestments, rather than less enforceable behavioral remedies, like the company’s pledge to release 30 films in theaters per year.
The Federal Trade Commission, currently headed by Trump appointee Andrew N. Ferguson, issued no regulatory challenge against Paramount Skydance’s acquisition of Warner Bros. Discovery. The states’ suit remains the final regulatory hurdle facing the deal being closed.
