Netflix is facing a consumer lawsuit aimed at blocking its ambitious $72 billion acquisition of Warner Bros. Discovery’s studio and streaming operations. The proposed class action was filed by a subscriber of HBO Max, a service owned by Warner Bros., who argues that the merger would significantly diminish competition within the U.S. subscription video-on-demand market.
Skepticism surrounding Netflix’s acquisition has also emerged from some members of Congress, highlighting concerns that the deal will attract stringent scrutiny regarding antitrust regulations. The legal framework allows consumers to initiate lawsuits over mergers, and while such cases generally meet substantial challenges, this particular lawsuit is drawing notable attention.
In response to the lawsuit, Netflix, the world’s largest streaming service, characterized the allegations as “meritless,” suggesting that the plaintiffs’ motivation may be rooted in the heightened visibility surrounding the negotiations. The lawsuit underscores Netflix’s consistent pattern of increasing subscription prices even while competing with major industry players like Warner Bros.
The deal with Warner Bros. was initially announced last week and follows a lengthy bidding process. Meanwhile, Paramount Skydance has entered the fray with a counter-bid of $108.4 billion for Warner Bros. Discovery, positioning itself as a rival to Netflix’s offer. The board of directors at Warner Bros. Discovery stated that they will evaluate Paramount’s competing proposal.
The lawsuit claims that the merger would effectively remove HBO Max, one of Netflix’s closest competitors, thus granting Netflix significant control over iconic franchises such as Harry Potter, DC Comics, and Game of Thrones. It’s worth noting that Warner Bros. is not named as a defendant in this legal action.
The law firm Bathaee Dunne, which is representing the plaintiff, has a track record of pursuing antitrust lawsuits against large entertainment and financial entities. In a separate case, they have acted on behalf of YouTube TV subscribers in allegations against The Walt Disney Company regarding anti-competitive practices. Disney has denied any wrongdoing but opted to settle for an undisclosed sum.
The legal proceedings, titled Michelle Fendelender v. Netflix, are being conducted in the U.S. District Court for the Northern District of California. As the case unfolds, it will be interesting to see how it impacts the streaming landscape and whether regulatory bodies decide to intervene in the potential merger of these media giants.
This moment highlights the growing tension in the streaming industry, as major players vie for dominance in an increasingly competitive market.

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