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The States Try to Topple WarnerMount…Thus Begins the Local Antitrust Era
(Welcome to the “Most Important Story of the Week”, my bi-weekly strategy column analyzing the most important (but often not buzziest) news story of the last two weeks. I’m the Entertainment Strategy Guy, a former streaming executive who now analyzes business strategy in the entertainment industry. Please subscribe.) Well, it looks like it’s time for another strategy column. Can I finally avoid writing about M&A? No, it seems I cannot. Admittedly, I’m a week early with this column, since I usually put it out every other week. But this news couldn’t wait. This will make three “Most Important Stories” in a row with a merger or acquisition as its centerpiece. First, Roku-Fox (an acquisition), then Comcast-NBCUniversal (a divestment!), and now the State AGs and the WGA’s lawsuits against Paramount’s pursuit of Warner Bros. Discovery (antitrust). M&A is usually the “most important” topic any given week, simply because a giant company merging or breaking up (or preventing those outcomes) can have the biggest impact on the streaming board. If you think about these companies as players in a game, changing the number of players is one of the biggest changes you can make. I shouldn’t really complain, either, since this lawsuit is very good news for customers and suppliers (econ speak for talent, workers and indie studios in Hollywood). So let me answer some questions about this potential trial, along with (shudder) making some heavily caveated predictions. I’ll also look at whether Hollywood must consolidate, whether or not the states can win, trouble at X-Box, Netflix’s YouTube binge, and more. Plus, I have five images that visualize this merger and the harm, including three brand new data looks you’ve never seen before. Subscribe Most Important Story of the Week - Can The States and the WGA Stop Hollywood’s Consolidation (Crisis)? If every other newsletter and news outlet is writing about the same story, I try to avoid writing about it as well, but I can’t ignore a story this consequential. The story of the last year was the fate of Warner Bros. Discovery, and this development potentially extends that saga into 2027. As I tried to figure out my angle, I realized, like my last column, I’m again faced with a series of questions. These questions, though, are much more forward-looking. Will the states win? Will the WGA win? If so, what happens to Warner Bros. Discovery? Either way, will this chill the market for future mergers? So you know what that means: predictions. About the future, no less, the hardest thing to predict.1 Just remember: nothing here comes with a guarantee. And the more confident someone is in their predictions, the less you should trust them. This situation is incredibly fluid, nuanced, uncertain and tenuous. So let’s try to explain what may happen. Question: Why File this Lawsuit? I’ll admit, a few months back, I was fairly pessimistic about the fate of this lawsuit. Rumors had started bubbling up that the state Attorneys General (in particular California) wanted to settle with either some minor divestments (usually CNN) or behavioral remedies. And that tracked for me: the states usually settle lawsuits, like the recent John Deere right-to-repair suit. Yet, they plan to fight this. (As they did the LiveNation-Ticketmaster monopolization trial and the Nexstar-Tegna merger.) Honestly, that also makes a ton of sense. Frankly, this move is just good politics for these State AGs. Most are still running for higher and higher office in blue states—some folks have emphasized that only Democratic AGs joined this suit, but given the Ellison/Trump ties, and fears of retribution, that tracks—and a high profile case like this will help them move up the electoral ladder, especially since Paramount and its leadership (the Ellisons, father and heir) have sided with the other side of the political aisle. That makes them unsympathetic to Democratic voters and Hollywood workers in particular. Why did this lawsuit happen? In addition to the very real concerns about industry consolidation, this is why. That said, I don’t think we would have seen this lawsuit for Netflix and Warner Bros., simply because they’re more sympathetic and aligned with Democrats. But those consolidation concerns are real. The “town”—meaning Hollywood and such—really is seeing the damage of mergers on this industry. That’s why the WGA also filed its own lawsuit in defense of workers as well. (Wildcard: What about Europe? Will they try to stop the deal, too? There have been some rumors out of the UK they may try to fight the deal, and UK enforcers just stopped a Getty Images-Shutterstock tie up, so there is precedence. This argument could go either way, though. On one hand, the EU doesn’t need to step in, cause they states are handling it. On the other hand, this could make the EU’s case easier. Just imagine if both sides coordinated. I’ll simply say, “We’ll see!”) Question: Will The State AGs or the WGA Win? Can the state AGs play David to Paramount-Skydance’s Goliath here? That’s really the whole thing, isn’t it? If you know this result, you could make a lot of money. When things are uncertain, it’s tempting to shrug and say, “Eh” meaning it’s a 50/50 proposition. I wouldn’t, though. When in doubt, you should expect that the merging parties succeed. AT&T did successfully buy Warner Bros., after all, and Disney bought Fox without any challenges. Many judges are extremely sympathetic to mergers, and I’d bet the state AGs get a judge who will allow the merger. (Even Obama-appointed judges often allow mergers.) As I understand it, we’ll see two main attacks. First, theatrical films. The AGs are arguing that, when it comes to share of box office and the number of both “wide releases” and blockbuster (or “tentpole”) films, the merging parties will have over 27% market share. Now, the Supreme Court once ruled from on high that any merger that exceeds 30% is presumptively illegal, but that’s guidance, not an ironclad bar. Still, the states will have to argue that this is close to having too much power, and with that power, this will likely further worsen the theater/studio splits in particular. Indeed, as Matthew Stoller pointed out, “just five studios are responsible for 95% of all blockbusters; if this merger goes through, then Paramount and Disney will control 60% of that.” So yes, movie studios will be very concentrated after this merger. Want me to visualize some of that? Well, here’s the share of films that grossed over $200 million at the domestic box office since 2022. (Note: this isn’t all films released in over 3,000 screens, but it is a good look at market power.) First, here are the 43 films by studio: Notice all the blue (Disney), orange (Universal), and purple (Warner Bros)? Yeah, those studios are powerful, and this combines Paramount with one of them. Here’s the look by studio and share of the films that grossed over $200 million: Now, if you look at that and also think, “Huh, should we break up Disney?” I’m with you. I’ve seen some folks poo-poo this idea that this is a real category, but it is! For an upcoming article, I’ve been pulling data on the share of top 100 films at the box office as a share of total box office, and it’s massive. Here’s the chart: (This analysis looks at The-Number’s top 100 films and total domestic box office each year.) To be clear, tentpoles make up 80.7% of the box office each year, so I do think it’s a genuine market. (To be clear, films grossing over $50 million make up 80% of the domestic box office, and films grossing over $100 million make up 64.1%.) I mean, the top 100 films at the box office make up 95% of each year’s grosses. Worse, the combined studios will likely cut output to flex that market power. Everyone can just look at what happened to Disney and Fox to see the precedent. (With fewer films, the remaining theaters have to give more for those few films that remain.) Here’s an image I’ve used a lot, the share of wide-release films from Disney and Fox over time: The AGs will also argue that this consolidation will also impact the cable industry. In this case, the consolidation is actually worse, but that environment is…complicated. Paramount will argue that the cable industry is shrinking. That said, predictions that cable will “go to zero” also don’t look very well supported by the data, as the declines are shrinking, meaning “cable” or “vMVPDs” will likely stabilize at some point. Can the state Attorneys General win on those two main arguments? I honestly don’t know. Again, I’d bet no, since history in general supports that, but it depends on the judge/jury and how they interpret the arguments. Notably, Paramount won’t face accusations about monopoly power in other areas, like streaming, news, sports rights, or vertical integration. I tend to disagree with leaving out sports rights, but I also see the appeal for a simpler case. The states also aren’t really pushing novel theories about labor harm either, which should help. (By the way, Sean McNulty at The Ankler wrote a great run through of potential options, and Capitol Forum also wrote a great paper on theatrical consolidation. Both these pieces predated the lawsuit. Matthew Stoller is also out with his analysis of the pros and cons of the case too.) In some ways, the WGA’s case is even stronger. Quoting Sean McNulty’s summary: “The WGA is citing WARNAMOUNT as crossing a 30% market share in multiple sectors, a number that the Supreme Court has precedent for deeming “presumptively anticompetitive” in a market. According to the WGA numbers, WARNAMOUNT would have represented: - 35% of film writing jobs between 2021 and 2024 - 36% of TV writing projects between 2022 and 2025 - 38% of overall deals between 2021 and 2024” Notably, antitrust enforcers did win recently in the Penguin-Simon & Schuster merger by focusing on labor impact, so don’t count this thinking out. (Wildcard: Will the states try to get a jury trial? Most likely no, they’ll let a judge handle it. If I’m them, though, I’d try to put this in front of a jury. Juries tend to understand monopoly power in a more realistic way than judges faced with legions of economists.) Question: What if They Win? What if They Lose?
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The Bar Harbor Story is generously sponsored by the Bar Harbor Historical Society. BAR HARBOR—The Finback Alehouse was the first real test of the town’s new special amusement permit process, July 7 while eight other permits sailed through the process last week. The permit allows music in places where liquor is served. The town’s ordinance which was recently tweaked for a new process allows for the regulation of noise and hours of activity. The only discussion at the July Town Council meeting was about the Finback Alehouse on Cottage Street, in the heart of Bar Harbor’s downtown district. The Finback’s distinctive design—a front wall that is like a garage door that can be opened and closed—was a key to that discussion. The restaurant, which often hosts live bands, singers, and karaoke, at night, has had one substantiated noise complaint this season, which is documented on its application. According to Bar Harbor Police Chief David Kerns, most complaints about noise happen after 10 p.m., and if the Finback had two more violations within a year, they’d have to stop having music. One town councilor said that he’d have no problem reissuing the permit if the door was down. The permit passed through the process with no conditions. Vice Chair Earl Brechlin moved the motion with two time changes for two holiday weekend dates. It passed unanimously. The council asked the Finback why they’d chosen an indoor license with a wall that can be opened to the street. Dale Stockburger, representing the Finback, said he’d applied for an indoor permit rather than an outdoor structure or partial structure (which is usually applied to tents or pavilions). The restaurant has traditionally had an indoor license. Stockburger said that whether the door is open or closed is immaterial because he now stands outside with a decibel reader to make sure that the music isn’t too loud. OTHER SPECIAL AMUSEMENT PERMITS New Councilor Deborah Vickers worried that she had potential conflicts of interests on two other renewals due to the location of her employee housing. Vickers co-owns the Black Friar Inn. They have employee housing directly behind the Finback, which is also 300 yards from the Bar Harbor Inn, she explained. The Bar Harbor Inn also had a permit up for renewal. The councilors unanimously voted she did not have a conflict of interest. The councilors approved permits at The Bluenose Inn, 90 Eden St, Class A; Acadia Hotel Downtown, 20 Mount Desert St, Class A and C; the Bar Harbor Inn, 8 Newport Dr, Class A, B, C and D; C-Ray Lobster, 882 State Hwy 3, Class D; Holiday Inn Bar Harbor Regency, 123 Eden Street, Class B; Finback Alehouse, 30 Cottage St, Class B; Project Social, 278 Main St, Class C and D; Bar Harbor Beer Works, 119 Main St, Class B and D; and Mainely Meat BBQ Dreamwood Hill, 369 State Hwy 3, Class D. That process is laid out in the Special Amusement Ordinance of the Bar Harbor Town Code which is Chapter 14 of the town code. Special amusement permits have class codes. These are the meanings: Number - how many musicians are allowed by the permit. Class A - Indoor non-amplified entertainment. Class B - Indoor amplified entertainment or dancing. Class C - Outdoor non-amplified entertainment. Class D - Outdoor amplified entertainment. RESIDENCE LICENSES RENEWED AND A TAXI LICENSE The councilors also renewed the licenses for three specific sorts of residences that require that yearly renewal per the town code. The employee living quarters at Atlantic Oceanside Hotel, 119 Eden St and another at 278 Main Street were renewed. The shared accommodations license renewal at 39 Kebo Street also occurred. These are annual renewals. Bernard Taxi Services’ license was also renewed. This license had been added to the agenda at the meeting. Bar Harbor Update on Leaf and Grass Clipping Disposal BAR HARBOR — Bar Harbor residents will still have a place to throw away their leaf and grass clippings this summer. The town’s agreement with EMR in Southwest Harbor for disposing of those items will continue through November 30. The agreement, according to a town press release, will continue “while the Town continues evaluating long term composting solutions and the required state permitting process.” As of July 1, residents bringing their grass and leaves across the island to the facility in Southwest Harbor will have to fill out a property registration card. Each property can throw out up to 85 pounds of the grass and leaves. “Any disposal exceeding the 85 pound allowance during this period will be the responsibility of the property owner at the applicable disposal rate,” the press release explains. LINKS TO LEARN MORE Watch the meeting Meeting agenda QUICK NOTE: We’d released the Bar Harbor Leaf information as a brief, but wanted to make sure that people saw it, so we’ve included it here, too. HELP SUPPORT THE BAR HARBOR STORY When we started The Bar Harbor Story, we didn’t know if anyone would read it. But you showed up. You shared. You sent tips. Now—over 400,000 views every month later—it’s clear: people here care about their community and each other. We’ve kept everything free because news should never be out of reach, but every one of our stories takes time to write, and your support keeps The Bar Harbor Story going. If you value our work, please consider a paid subscription, a founding membership, or a sponsorship. It truly helps us cover one more meeting, tell one more story, shine one more light. Even $5 a month makes a difference. Click here to become a one-time supporter now. Thank you so much for being here. Founding member information can be found here. Have questions about sponsorships? Just send Shaun an email at sfarrar86@gmail.com, he’d love to hear from you. Subscribe Share Bar Harbor Story Share Leave a comment
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Joe Klein: At 80, Here’s What I’ve Learned About Politics—and Life
I am 80 years old, this year of our 250th anniversary, and I find myself a cliché. My life has been a common political journey, from left to center. I recently took the Pew Research Center’s “political typology” test and found that I was a “pragmatic and polite conservative,” which seemed a rather abstruse basket: A politically mixed (though Republican-tilting) group, they lean conservative on economics and the role of government, while tilting more liberal on issues related to race and foreign policy. They prize civility and cooperation in politics. Well, that sounds pretty mushy—and I find it hard to square with the strong opinions I have on many issues. I’ve voted for Democrats in federal elections, but I grow more Republican the closer I get to local politics. Democrats, I’ve found, simply aren’t very good at running things, especially school systems, where they are in the thrall of the teachers unions. My friends joke about my obsession with the unions. They know all my lines. If industrial unions are organized against the power of capital, who are the public employees organized against? But enough of that. I’ve ranted that rant too often, and my political journey has been more complicated than that one issue. It has been empirical, based on actual experience—on a lifetime of reporting and a lot of reading. An early example: I was a journalist with the underground press in Boston at the turn of the 1970s and considered myself a member of the antiwar and civil rights movements. The first big issue I covered was busing to achieve school integration. Yes, the white bigots were disgusting. But I couldn’t find any black parents who favored the plan to bus their children to schools outside their neighborhoods either. Black activists and politicians—and white liberals—were gung ho, but not actual parents of black kids in school. Busing was a form of social engineering imposed from on high, by a judge—W. Arthur Garrity—who lived in a wealthy liberal suburb. Wealthy liberal suburbs were not affected by his plan, of course. I began to see that there were limits to what government could do, especially when it came to changing a society’s culture.
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MAGA's attack on science is even worse than it looks
In my post on America’s 250-year anniversary, I argued that respect for the individual was the “secret sauce” in the U.S.’ long-lasting preeminence among nations. But it was certainly not the only factor. There were plenty of institutional innovations that helped the U.S. stay on top — economically, militarily, and in terms of the attractiveness of its society. One of these was American science. Today we take things like the modern research university, government grants for science, public-to-private research spinoffs, etc. for granted, but a lot of that infrastructure wasn’t there before World War 2. It was either invented or scaled up massively by the U.S. government in the postwar period, led by far-sighted scientist-bureaucrats like Vannevar Bush (pictured above). If you want to read about this history, a good place to start would be Jonathan Gruber and Simon Johnson’s excellent book Jump-Starting America. Those scientific institutions didn’t exist in a vacuum, however. They were backed by the U.S. government’s abiding faith in the power of science — and, even more fundamentally, by deep popular trust in the scientific enterprise. Science gave us radar and the atom bomb in wartime, and in peacetime it gave us plastics, vaccines, cheap food, and a thousand other things that made our lives easier. Science was also the driver behind American industry — chemicals, aerospace, telecommunications, computers, electronics, and so on. We owed science our jobs, our livelihoods, our comfortable living standards, and our greatness and power as a nation. It’s little wonder that both political parties, even as they fought viciously over other issues, were steadfast in their support of science. For a long time, the only people who distrusted science were a hippie fringe on the left who disliked modernity (or thought they did, anyway), who also disliked American industry and American power, and who subscribed to an early version of degrowth environmentalism. America’s scientific enterprise is still strong, especially compared to the systems in Europe, Japan, Korea, and other developed countries. It has lost a lot of ground to China in a relative sense, but a lot of that is because of China’s incredible growth; as China has poured untold amounts of money and talent into its research labs, spending and output have overtaken the U.S. by some measures. There are a few ways in which China’s rise creates problems for American science — for example, top scientists can choose to work in China instead of in the U.S. — and of course there’s the concern that China’s technological strength will help its military to reign supreme. But overall, China’s rise in science should be good for American science, since American scientists can use Chinese discoveries for free and build on them. The much bigger problem is that the scientific enterprise America built during and after World War 2 is now being threatened with absolute decline. The biggest problem, of course, is that much of the country — the Republican half — has basically lost faith in the scientific enterprise. To what degree this loss of faith is justified is an open question, and deserves to be discussed openly. But the larger point — that the system that powered American dominance is under threat — is true either way. Most Americans still trust science, but MAGA Republicans don’t There’s a myth, popular in right-wing circles, that scientists have lost the trust of regular Americans — either due to the increasingly left-wing composition of academic departments, or to misbehavior during Covid, or to DEI-related research taking over science, etc. This also fits with a wider narrative that Americans are losing trust in all of our institutions. But it just isn’t true. Poll after poll shows that on the whole, Americans still trust scientists and want to spend more on science. For example, here’s a Pew poll from late 2025 showing that although about a fifth of Republicans did lose confidence in science in 2020, two thirds still have at least “a fair amount” of confidence: That same poll found that scientists are among America’s most trusted groups — even better trusted than the military! In fact, Americans trust scientists more than people in most other countries do. Other polls show that although Republican trust in science has dropped somewhat, Republican support for spending more on science remains very strong: A Pew poll in 2023 found the exact same thing: So when MAGA types tell you about scientists losing their credibility, or a drop in trust in science, they’re only talking about themselves. Whatever left-wing politicization of science happened during the Biden administration — and there was definitely some of that — it was not enough to make most Republicans lose faith in the scientific enterprise, or favor research cuts in order to purge unwanted ideology from the system. That doesn’t mean I think progressives should continue down the path of politicizing scientific research. They should not, and Biden made real missteps in this area. Objectivity clearly matters for public trust of science in the long term. But as of right now, there’s no crisis of trust in science, except among the smallish minority of people who are running around screaming that there’s a crisis of trust in science. But despite science’s overwhelming popularity and public trust, Trump and his administration are launching an unprecedented and devastating attack on American science — cutting funding, and forcing science projects to undergo ideological review by government commissars. Trump’s comprehensive attack on science
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