

Many entertainment industry observers have expressed skepticism about the regulatory viability of the Netflix-Warner Bros. tie-up given Netflix’s potential domination of the market, but at least one veteran of regulatory politics thinks that the deal will go through smoothly.
According to Deadline, Andrew Lipman, a regulatory policy expert and partner at Washington, D.C. law firm Morgan, Lewis & Bockius, said “I think the deal gets done.” And while Paramount Skydance initiated a hostile takeover Monday on the grounds that the current deal won’t pass regulatory muster, Lipman said that “I don’t think it’s that much more complicated or time-consuming than the Paramount deal.”
Lipman made the remarks on stage Monday at the UBS Global Media and Communications Conference in New York, where Netflix Co-CEOs Greg Peters and Ted Sarandos stood just hours earlier to justify the megamerger, Deadline reports.
Netflix’s triumph over Paramount came after weeks of backroom dealmaking in a bidding war that ultimately saw Netflix shell out $72 billion in cash for Warner Bros. coveted portfolio of film and television properties, which includes The Lord of the Rings, Christopher Nolan’s The Dark Knight trilogy, and Game of Thrones, just to name a few.
According to Deadline, Paramount alleged before the deal became public that Warner Bros. Discovery was holding an unfair bidding process that favored Netflix, and responded to the deal Monday by launching its own hostile takeover bid, taking its $108 billion offer directly to shareholders.
Lipman, however, says that Paramount’s antitrust argument against the Netflix deal is ill-founded. “The market is more than just, in my mind, streaming,” he said via Deadline. “It’s eyeballs. It’s YouTube. I mean, Netflix has been losing eyeballs regularly to YouTube. It’s TikTok. It’s Facebook. And God knows who else is on the way. Moreover, the streaming market is dynamic. I mean, the average American these days, believe me or not, has between four and a half or five different streaming services. So, it’s not like a typical market where, you know, you have one gender. And not only that, the ability to switch between streamers is fairly easy, and almost, by definition, cord cutters are the epitome of cost-conscious consumers.”
Adding to the uncertainty is President Donald Trump, who has said he intends to be involved in the regulatory review, breaking with precedent, though he also maintains that he doesn’t favor either company, according to Deadline.
Moreover, Gail Slater, head of the antitrust division in Trump’s Justice Department, is a “serious, tough antitrust enforcer,” according to Lipman. “This is not the Reagan years, you know, where everything goes. I mean, this is a very rigorous antitrust review,” he said per Deadline.
Lipman noted that Slater has moved through 10 to 12 deals this year, ultimately approving them after reaching settlements, which is an indication of how the process could move with the Netflix deal. “She’s open to settlements. And the president, who wrote the famous book, The Art of the Deal, is open to settlement,” Lipman added via Deadline.
He went on to say that such a settlement would likely come with “behavioral conditions” imposed on Netflix, according to Deadline. “Netflix has already offered this up, even though it’s not an antitrust issue,” Lipman noted. “There’ll be concessions to movie theaters on scheduling and windowing and so forth. You know, there’ll be agreements on, you know, non-discrimination, licensing, and sub-licensing programming. I’m sure there’ll be, as the Europeans would say, ‘cultural issues,’ which means non-American programming.”
Importantly, Paramount is still in the ring, as the company’s direct offer to shareholders could be successful if shareholders approve it or if a court orders it to move forward. WBD shares rose 4% Monday in response to Paramount’s offer.

