Warner Bros. sticks with Netflix merger, calls Paramount’s $108B bid “illusory”

Larry Ellison “didn’t raise the price”

On December 5, after a bidding war that also involved Paramount and Comcast, Warner Bros. struck a deal to sell Netflix its streaming and movie studios businesses. Netflix, already the world’s largest streaming service, would become an even bigger juggernaut if it completes the takeover including rival HBO Max, WB Studios, and other assets.

While the Paramount bid is higher, it would involve the purchase of more Warner Bros. assets than the deal with Netflix. “Unlike Netflix, Paramount is seeking to buy the company’s legacy television and cable assets such as CNN, TNT, and Discovery Channel,” the Financial Times wrote. “Netflix plans to acquire WBD after it spins off its cable TV business, which is scheduled to happen this year.”

Paramount, which recently completed an $8 billion merger with Skydance, submitted its bid for a hostile takeover days after the Netflix/Warner Bros. deal was announced. Warner Bros. resisted, and Paramount amended its offer on December 22 to address objections.

“Larry Ellison has agreed to provide an irrevocable personal guarantee of $40.4 billion of the equity financing for the offer and any damages claims against Paramount,” Paramount said. It also said it offered “improved flexibility to WBD on debt refinancing transactions, representations and interim operating covenants.”

Larry Ellison’s son, David Ellison, is the chairman and CEO of Paramount Skydance. In his CNBC appearance, Di Piazza acknowledged that “Larry Ellison stepped up to the table and the board recognizes what he did.” But “ultimately, he didn’t raise the price. So, in our perspective, Netflix continues to be the superior offer, a clear path to closing.”