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California will decide in the near future whether to seek to block Paramount deal

In an interview, Bonta said that he would decide soon whether or not to sue Paramount to stop its $110 billion purchase of Warner Bros. He added that he believes corporate pledges to address antitrust issues are 'better' when they are backed by divestitures. Bonta's Office has been evaluating the deal to determine if it violates U.S. Antitrust Law. Movie?theater owners and Hollywood actors have all expressed concern that the deal would reduce competition in the film industry and lead to higher prices, lower wages and fewer choices for consumers and content purchasers. According to a source with knowledge of the situation, European antitrust authorities are expected to make a decision by early July on whether or not to approve the deal. The U.S. Department of Justice will likely reach a similar conclusion soon. Once the review is complete, the deal may close, placing pressure on Bonta’s office. This agency, seen as most likely to challenge the deal, will have a short time frame.

Bonta, in an interview with a reporter in Oakland (California), said that there was not much time before they would need to act.

Hollywood is concerned about the possibility of fewer films being produced if two major U.S. studios merge. Bonta stated that his office heard from many industry workers and their concerns raised "even more flags."

Antitrust enforcers may challenge mergers which would harm competition in a significant way, including the competition between employers for specialized workers.

Bonta stated that "we think we can play a major role in protecting jobs in Hollywood in relation to the proposed merger between Paramount and Warner Brothers."

Paramount's spokesperson stated that the company had "every economic incentive" to increase production following the merger to increase subscriptions to streaming services. Paramount CEO David Ellison pledged that the combined company would release 30 films per year in theaters. In court documents, the company stated that theatrical releases are key to marketing its streaming services.

Bonta, when asked whether Paramount could be forced to spin-off any part of its business in order to protect the competition, said that behavioral remedies (where companies agree to certain actions) are not always sufficient.

"Can they contribute to a solution?" Maybe. If they are pursued, should they be backed by a structural remedy if the results are not satisfactory? I would say yes. "That's the way I think about it," said he.

Makan Delrahim, Paramount's Chief Legal Officer, said that while the company "is always prepared to remedy violations of antitrust laws that are articulated and legitimate," it believes that this deal does not present any such violation.

STATES JOIN FOR ANTITRUST ACTION

California's Department of Justice is home to the largest antitrust division of any state in the nation, with just over 50 employees. Bonta stated that the state will be adding eight additional attorneys and eight support staff this year. California Governor Gavin Newsom has proposed to add $14.3 million for Bonta's antitrust work.

Two people with knowledge of the matter said that a number of states are in talks with California about a possible joint challenge to the "deal".

There was no sign that the states had agreed on their respective approaches. Sources said that the potential costs if California hired an outside attorney could be a consideration for states. Bonta responded when asked whether the state is prepared to take action independently. "The full spectrum of options is?on the desk and available, and are fully resouced no matter what we choose." California has previously worked with both Democratic- and Republican led states in major antitrust cases, including the recent victory against Live Nation.

Bonta stated that it is important to work together now because the Trump administration "picks winners and losers based upon who their friends are."

Antitrust lawsuits can cost tens or even hundreds of millions of dollars. This raises questions as to how many major lawsuits states could bring without federal support.

Bonta stated, "We'll find a solution, whether we go back to ask for more funds, or we all contribute enough resources. We'll also hire an outside lawyer, whatever is necessary." "I believe that the people in our states, as well as the people across the country, want this and deserve it." (Reporting from Jody Godoy, Nathan Frandino and Dawn Chmielewski; editing by Christopher Cushing).

(source: Reuters)