Feb 6 (Reuters) - The U.S. Department of Justice is
investigating whether Netflix ( NFLX ) used anti-competitive
tactics as part of the streaming giant's proposed $82.7 billion
acquisition of Warner Bros Discovery's ( WBD ) studios and
streaming service, the Wall Street Journal reported on Friday.
In a civil subpoena viewed by the WSJ, the department asked
another entertainment company to "describe any other
exclusionary conduct on the part of Netflix ( NFLX ) that would
reasonably appear capable of entrenching market or monopoly
power".
Netflix ( NFLX ) and Paramount Skydance ( PSKY ) covet Warner Bros for its
leading film and television studios, extensive content library
and franchises such as "Game of Thrones", "Harry Potter" and DC
Comics' superheroes Batman and Superman.
In its subpoena, the department asked whether either deal
could hurt the competition. It also asked how past mergers of
studios or distributors had affected competition for creative
talent and sought information on how talent contracts vary
between studios, WSJ said.
"Netflix ( NFLX ) is not aware of any investigation into our business
outside of the standard merger review process," a spokesperson
for the company said in an emailed statement to Reuters, adding
that it was "constructively engaging" with the DOJ as part of a
standard review of the proposed deal.
Steven Sunshine, a lawyer representing Netflix ( NFLX ), said the
company believes the department is conducting a standard review
of its proposal.
"We have not been given any notice or seen any other sign
that the DOJ is conducting a separate monopolization
investigation," Sunshine said.
The DOJ investigation is at an early stage, according to the
WSJ report.
The WSJ reported that the DOJ is also reviewing Paramount's
proposed acquisition bid, which Warner Bros' board unanimously
rejected by labeling it "inadequate" and "not in the best
interests" of shareholders.
Paramount is pushing to conclude the DOJ's review of its
tender offer within the next few weeks, Bloomberg News reported
late on Friday, citing sources familiar with the matter.
The company has been providing the information requested
by the government, the report said, adding that once that
process is completed, a 10-day waiting period will begin for the
DOJ to decide whether to challenge Paramount's proposal on
competition grounds.
Paramount, Warner Bros and the Department of Justice did not
immediately respond to Reuters requests for comment.
Netflix ( NFLX ) co-CEO Ted Sarandos was grilled by U.S. senators at
a hearing on Tuesday over how the potential deal would affect
competition across the entertainment industry.
The bid could also face investigation in the UK and the
European Union.
More than a dozen British politicians and former
policymakers called on the country's competition watchdog to
launch a full review, while the EU's antitrust regulators are
expected to scrutinize rival bids by Netflix ( NFLX ) and Paramount
Skydance ( PSKY ) at the same time, Bloomberg News reported last month.