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Animal spirits have been unleashed in the battle for Warner Bros. Discovery, and President Trump has made it clear that in the end, he’ll be involved in the regulatory approval decision, cementing the view that all deals are political in the current climate.
Netflix ended last week announcing it had a deal with WBD’s board to acquire its film and TV studios for $83 billion. Netflix apparently used the weekend for co-CEO Ted Sarandos to meet President Trump in the Oval Office. Not to be outdone, Paramount CEO David Ellison responded by launching a $102 billion tender offer for all of WBD, and emphasizing to CNBC’s David Faber the company’s (all-cash deal) higher premium and faster path to close.
The President told reporters he “know(s) the companies very well” and “would be involved” in deciding who ultimately acquires WBD, but quickly threw water on naming any favorites, saying “none of them are particularly great friends of mine. I want to do what is right.”
Semafor’s Ben Smith and Rohan Goswami added some more color from Washington, reporting that both companies courted former Trump advisor Jason Miller to lobby their case to the White House.
This is par for the course for this deal-making administration. At a conference this week, Lazard CEO Peter Orszag said that getting deals done now requires a “White House or Cabinet-level strategy.” The Journal’s editorial board echoed a similar sentiment, lamenting that this public lobbying approach is simply “the reality of today’s era of political dominance over business.”
Our friend Steven Davidoff Solomon, UC Berkeley Law Professor and nom de plume “Deal Professor,” took to LinkedIn to dissect Paramount’s tender offer through a game-theory lens, noting that both Warner and Paramount are effectively running down the clock as they wait for regulatory winds to shift and that he expects Paramount to file a lawsuit in Delaware, not necessarily to win on the merits, but to gain discovery and additional deal leverage in the process.
More to come as the plot thickens, in the meantime for all our deal-junkie readers, we also recommend checking out Bryce Elder’s FT Alphaville piece chronicling the “10 best worst hostile-takeover offers ever.”
Have a great weekend and Happy Hannukah!
GPP Team
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