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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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Explaining The Comcast and NBCUniversal Divorce
(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.) I hope everyone had a happy Fourth of July in America, celebrating the country’s 250th birthday. Frankly, I am bummed the 250th wasn’t a bigger celebration, but that’s a different topic for a different Substack. While it was generally a quiet week on the entertainment/streaming/media business fronts, we still had some interesting news stories. Actually, that kinda undersells one of the stories, a huge, huge, huge divestment that could upend the entertainment landscape... So let’s get right to it. In today’s column, I’ll cover Comcast spinning off the rest of NBCUniversal, an entertainment company investing in an LLM company and an LLM-owner investing in a movie studio, the latest round of threats of digital tariffs, and more. Let’s dive in. Subscribe Most Important Story of the Week - Most: Comcast/NBCU Breakup!!!! If I had to describe my reaction to Comcast spinning out NBCUniversal, it feels like a relationship ending, either breaking up or divorcing. Comcast’s decision to spin off the rest of NBCUniversal, after spinning off some of its cable assets into Versant last year, really does feel like a family breaking up under “irreconcilable differences”. Of my stereotypes of the entertainment moguls, my go-to for Comcast CEO Brian Roberts—heir to the Comcast fortune, but a man who’s been at the helm for 24 years now, and president for twelve years before that—is that he likes building empires. He cut his teeth acquiring cable rivals in the 1990s and tried to buy Disney repeatedly, then settled for NBCUniversal after a long court battle. (Contrast this with Rupert Murdoch, a man who also loved to buy, but would also sell when the price is right. Murdoch made Fox out of nothing, but then sold 20th Century Fox to Disney, arguably at the top of the market. So I understood why he sold.) But I don’t understand Roberts’ motivation to sell now. I have some explanations but no single, super-satisfying explanation. Strategically, it would just make more sense to have kept NBCUniversal in-house, especially for a one-time empire builder like Comcast. Yet one powerful force—arguably the decider in modern capitalism—likely overwhelmed all other considerations. At first, I thought I’d arrange my thoughts as a “Five Why” analysis, digging through each layer of the puzzle. But instead, I found myself asking, “But…why?” (And I only ended up with four sections.) So let’s look at Comcast from that angle. Then, at the end, I’ll give my biggest strategic recommendation for every company in Hollywood. It’s obvious, but sometimes, the obvious strategy is the most ignored. But…Why? The Stock Market, Conglomerations, and Sum of the Parts Analysis We’re just getting started with this issue, but the rest is for paid subscribers of the Entertainment Strategy Guy, so if you’d like to find out… Why Comcast could never get a “tech company” valuation The not-so-secret motivation for Comcast What Versant has to do with all of this The key strategic advice I think every entertainment exec should follow (though it’s really obvious) Some big AI investment news… Whether we’ll see digital tariffs… And more… ...please subscribe! We can only keep doing this great work with your support.
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Earlier in June, Europe’s worst fears of technological dependence were confirmed when the White House ordered the AI firm Anthropic to stop non-US citizens using its leading models. This kill-switch moment crystalised anxieties in Brussels that the continent, lagging the US on the creation of leading-edge AI models, is now a technological of vassal of Washington. The shock has specific implications for European scientists and universities. Some governments are now worried that with AI being integrated into labs, Donald Trump now has his finger hovering over an off switch for European science. “Having restrictions on this tool, it can have an impact on our own research,” said France’s research minister, Philippe Baptiste, at the VivaTech conference in Paris on June 18.Baptiste, himself a former academic, said that colleagues in mathematics had recently warned him they were now cut off from leading-edge US models, risking their work. “This model is not available anymore now because of the US restriction, and for the first time this had an impact on mathematics,” a field where large language models (LLMs) are making a significant contribution, said Baptiste. So, should European scientists avoid relying on US models in the future? Or would this be a self-harming overreaction? And how is AI being used in science, anyway? What happened?On June 12, it emerged that Washington, citing cybersecurity concerns, had ordered Anthropic to stop non-US citizens using two models: Claude Mythos 5, and Claude Fable 5, a version of Mythos but with guardrails to prevent abuse. Anthropic said Washington’s concerns were overblown. But forced to follow the order, yet with no way to check who was using the models, the company suddenly shut down access for everyone, US citizens included. There’s still no agreement on how to restore broad access. But last week, Bloomberg reported that select US companies, and the US government, still had access to Mythos despite the ban, but the EU’s cybersecurity agency Enisa had been shut out. Class division of researchersIn the longer term, access outside the US should be restored, said Marcel Salathé, co-director of the AI centre at the Federal Polytechnic School of Lausanne (EPFL), because a permanent restriction would be financially ruinous to US AI firms. “Even Trump will eventually budge to economic pressure,” he said.However, US AI firms might end up operating rather like banks, doing due diligence on users of their leading-edge AI models, he went on.European scientists are unlikely to fall foul of such checks, he said. But having a Chinese postgraduate in their lab, or doing a type of research the US disapproved of, could potentially result in access being denied. “It will create a sort of class division of researchers,” he said. More than frontier modelsHowever, successfully deploying AI in science is about far more than just having access to leading LLMs such as Mythos.Instead, many science-specific tools, most famously Alphafold, which predicts protein folding structures, require “far less” computing power to train than frontier models, well within the capabilities of European supercomputers, according to a recent analysis by the Arq Foundation, a Brussel-based AI think tank. Instead, tools such as Alphafold are possible because certain fields, like protein folding, weather prediction or astronomy, have large, clean, standardised datasets that can be used to train predictive models. Rather than compute, “data is the central constraint for AI for science,” the report says. For example, a less powerful physics model trained on CERN’s data “will be more valuable than the best model without certain data,” said Bengüsu Özcan, author of the report. European advantage?Europe could therefore steal a march by using its scientific data and infrastructure to create models US digital giants cannot. “They might actually match or go even beyond what these big [US] companies are doing,” said Özcan.Indeed, some European start-ups hope to create automated testing labs to create the kind of standardised data that could speed up the discovery of new materials. Materials scientists say there’s currently too little data to train models. AI scientistsHowever, even if the bottleneck for AI in science is often data, rather than compute, being at the mercy of the US for LLM access could still become a problem for European scientists. A new class of “AI scientists” based on leading LLMs is also emerging, Özcan’s report says.Unlike domain-specific tools like Alphafold, these try to automate day-to-day scientific work, by providing an overarching tool that coordinates specific models to synthesise existing literature, generate hypotheses or run analysis of data. The problem for Europe, however, is that these tools are sometimes based on US leading models. Google Deepmind’s AI Co-Scientist, for example, is built on Google’s Gemini LLM. Systematic failureThese scientific automation tools are still in their early stages, and still exhibit “systematic failures on scientific tasks,” Özcan’s report says. One of the problems is that the messy, day-to-day process of scientific discovery is largely not documented, meaning LLMs don’t have a good source of data to learn how scientists actually work. Meanwhile, some tasks, such as literature synthesis, don’t typically require access to leading edge models.However, the performance of AI scientific assistants could improve as companies such as Google pour resources into developing them. Rely on US“Unfortunately, for scientific assistants, there is not much we can do right now except rely on US frontier AI,” said Antoine Bosselut, a natural language processing expert based at EPFL. Chinese-built open models, which can run on local computers, lessening the risk of a shutdown, are touted as one alternative to US dependence. There’s also Mistral, once seen as Europe’s main AI hope, but the Paris-based company has seen its recent models fall behind in performance. But the Chinese alternatives are generally not as capable as US frontier AI models, said Bosselut, unless paired with fiddly, custom tools that allows them to act as independent agents. “Most scientists do not have the time,” he said. Don’t jump ship yetAlthough the kill switch moment is seen a warning shot for European scientists, it doesn’t mean labs should abandon US AI tools immediately. “I do not think the right response is simply to abandon US-based models and systems under the banner of sovereignty or independence,” said Mattias Björnmalm, secretary general of the Cesaer university association. “That would be an overreaction.”Related articlesEuropean sovereignty in AI requires ‘ugly trade-offs,’ say experts Robotic lab start-up makes case for €500M EU-funded materials testing facilityAI in science: is it useful? Instead, European researchers need to ask themselves whether they’re becoming dependent on technology that could be turned off in Washington, said Özcan. “They might not see this today, but they should really start asking this question,” she said. European researchers need a plan B, said Salathé. “I would recommend to every researcher, very proactively explore alternatives.”Own toolsIn addition, Björnmalm and others want European research institutions to develop their own scientific AI tools.Instead of signing AI deals with US digital giants, European universities should be using this money to create their own models, which may end up being superior for research, said Sabine Leonelli, an expert on the use of AI in science at the Technical University of Munich. “Universities in Europe seem to be happy to sign commercial contracts with US companies on the assumption [their AI tools] are better,” she said. But US frontier LLMs are typically opaque, and have been developed without independent scientific input, she said. “This is not good enough for science.”Last year, Swiss researchers released Apertus, an LLM designed to be completely transparent, from its development methods to its training data. The idea is that this makes scientific tools built on top of the model far more reproducible than with closed, commercial alternatives.“Europe needs more of this: serious capacity-building that gives researchers, universities and companies credible options,” said Björnmalm.
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