Showing archive for: “Law Politics & the Media”
Evaluating the Sale of Warner Bros Discovery to Netflix from an Antitrust Perspective
Warner Bros. Discovery (WBD) has announced that it is selling its major assets to Netflix, including Warner Bros. Pictures (home of Harry Potter), DC Studios, and HBO Max. Netflix was chosen among a group of bidders that also included Paramount and Comcast. This post explores some of the antitrust issues and hurdles that a combined ... Evaluating the Sale of Warner Bros Discovery to Netflix from an Antitrust Perspective
Metrics, Markets, and Merger Scrutiny: A Netflix-WBD Combination
This morning’s announced merger between Netflix and Warner Bros. Discovery (WBD) would create a global media company of unprecedented scale. The transaction will also almost certainly attract scrutiny from antitrust regulators—most likely the U.S. Justice Department (DOJ) Antitrust Division, rather than the Federal Trade Commission (FTC). The deal would offer a direct test of the ... Metrics, Markets, and Merger Scrutiny: A Netflix-WBD Combination
Warner Bros Discovery Sale May Raise Antitrust Questions
Decades ago, home entertainment consisted of three television channels. Then came cable TV, the videocassette recorder, and the internet. Today, we are in another entertainment revolution, as people are cutting the cord on cable TV and turning to dozens of streaming services for their entertainment. And now, Warner Bros. Discovery (WBD) is seeking buyers for ... Warner Bros Discovery Sale May Raise Antitrust Questions
The FCC’s Ambivalent Approach to Broadcast Regulation
A pair of proceedings currently before the Federal Communications Commission (FCC) illustrate a puzzling incongruity. While the agency proposes in one docket to eliminate broadcasters’ ownership restrictions, in another, it explores imposing new regulations on their contractual relationships. This divergence highlights how the FCC’s flexible application of the “public interest” standard may serve the interests ... The FCC’s Ambivalent Approach to Broadcast Regulation
Troubling Content Quotas Down Under
The Australian Content Requirements for Subscription Video on Demand Bill 2025 (ACO Bill), introduced earlier this month in the Parliament of Australia, would require large video-streaming platforms to spend either 10% of their Australian expenditures or 7.5% of their Australian revenues on locally produced original programs. While framed as a cultural measure, the bill functions ... Troubling Content Quotas Down Under
The Curious Case of ‘Competition’ in Broadcast Regulation
The Federal Communications Commission (FCC) recently kicked off its latest quadrennial review of broadcast-ownership rules, a statutorily mandated process to determine whether changes in the media marketplace obviate the need for the rules and if they still serve the public interest. Theoretically, this should encompass economic analysis of the competitive effects of the various technologies ... The Curious Case of ‘Competition’ in Broadcast Regulation
First Amendment Jurisprudence Should Reflect Economic Reality: Why Red Lion and Pacifica Must Fall
The U.S. legal landscape is riddled with anachronisms, but few are as indefensible and economically nonsensical as the justifications for regulating broadcast content. This bizarre notion that radio and television broadcasters deserve fewer First Amendment protections than newspapers, websites, or cable networks is a vestige of mid-20th-century technological reasoning that has long overstayed its constitutional ... First Amendment Jurisprudence Should Reflect Economic Reality: Why Red Lion and Pacifica Must Fall
Broadcast, Cable, and Creative Destruction: What This Year’s Nobel Teaches Us About Cord Cutting
The timing could hardly be better. As traditional television continues on its years-long decline—with millions of cable subscribers cutting the cord, broadcast audiences shrinking, and streaming splintering into a dozen rival platforms—this year’s Nobel Memorial Prize in Economic Sciences has gone to three scholars who have spent their careers studying this very kind of market ... Broadcast, Cable, and Creative Destruction: What This Year’s Nobel Teaches Us About Cord Cutting
A Clean Slate Approach to Broadcast Regulation
The Federal Communications Commission’s (FCC) recently issued notice calling for a review of the agency’s broadcast-ownership rules raises a foundational question: what purpose do these rules serve in a world of digital abundance? Indeed, FCC Chair Brendan Carr has observed the fundamental changes in how broadcasters compete in a marketplace of “numerous online audio and ... A Clean Slate Approach to Broadcast Regulation
The FCC’s Broadcast-Ownership Review: Will the Agency Open the Door for Comprehensive Reform?
On the docket for this week’s meeting of the Federal Communications Commission (FCC) is a notice of proposed rulemaking (NPRM) on broadcast-ownership rules, which just so happens to arrive amid a profound shift in the industry’s content-distribution model from broadcast to streaming. Streaming services now command nearly half of all U.S. television viewing, while local ... The FCC’s Broadcast-Ownership Review: Will the Agency Open the Door for Comprehensive Reform?
Your Local News Anchors Might Welcome Their New Corporate Overlords
When late-night show Jimmy Kimmel Live! came back from its temporary “break,” viewers in many markets discovered something odd: Kimmel wasn’t back on their local stations. In markets with ABC affiliates owned by media giants Sinclair and Nexstar, stations skipped the show entirely, substituting their own content instead. This incident highlights a bigger question that ... Your Local News Anchors Might Welcome Their New Corporate Overlords
Kimmel, Coercion, and the Public Interest Standard: The Problem of Boundless Government Power
Talk-show host Jimmy Kimmel’s suspension by ABC following pushback from affiliate stations about comments he made Sept. 15 about the alleged killer of Charlie Kirk has been major news. The timing of the decisions by affiliate groups Nexstar and Sinclair to preempt Jimmy Kimmel Live! from their programming schedule was noteworthy, in that both came ... Kimmel, Coercion, and the Public Interest Standard: The Problem of Boundless Government Power
