Paramount Responds to Warner Bros. Negotiation Waiver
Paramount Skydance (PSKY) provided the following statement in regards to disclosures by Warner Bros. Discovery (WBD): "Paramount acknowledges the announcement from Warner Bros. Discovery that, acting with Netflix, they have decided to provide Paramount a 7-day "waiver" for negotiation. In doing so, the WBD Board has chosen to avoid making the customary determination under the Netflix merger agreement that Paramount's superior $30 per share all-cash offer "could reasonably be expected to result in" a superior proposal, which would have given it an unfettered right to negotiate without a time deadline. The Board has also elected to proceed with convening its special shareholder meeting on March 20 to seek approval of the Netflix merger and has commenced mailing its proxy materials, which state that the range of merger consideration offered to WBD shareholders will be a minimum of $21.23 to a maximum of $27.75. By contrast, Paramount already offers a higher value of $30 per share, all-cash and a more expeditious and certain path to closing a transaction, including with the previously disclosed addition of a $0.25 per-share, per-quarter ticking fee. Although the Board's actions are unusual, Paramount is nonetheless prepared to engage in good faith and constructive discussions. At the same time, we will continue to advance our tender offer, maintain our solicitation in opposition to the inferior Netflix merger, and proceed with our intention to nominate a slate of directors at the upcoming WBD annual meeting."
Trade with 70% Backtested Accuracy
Analyst Views on PSKY
About PSKY
About the author

- DOJ Inquiry: The Department of Justice has summoned major theater chain owners to assess the potential impact of Warner Bros. Discovery's sale on moviegoers and the number of films released, indicating a concern for market competition.
- Netflix's Commitment: Netflix Co-CEO Ted Sarandos met with several theater CEOs in Los Angeles last week, pledging to exclusively release Warner Bros. films in theaters for 45 days, aiming to alleviate market concerns and enhance theater appeal.
- Bidding War Dynamics: Analyst Gary Black predicts that Netflix will emerge victorious in the bidding war, suggesting that even if Paramount wins, Netflix shares could rebound to the $100 level, reflecting optimistic market expectations for its future performance.
- Market Response: Although the DOJ and Netflix did not immediately respond to media inquiries, these developments highlight the industry's keen interest in the potential implications of the Warner Bros. sale and the evolving market dynamics.
- Negotiation Resumption: Warner Bros. announced it will reopen talks with Paramount to hear its final offer, which must be presented by February 23, with expectations that it will increase to $31 per share to gain board support.
- Stock Price Fluctuation: Warner Bros. shares have bounced back 8% since February 5, indicating investor optimism about a potentially sweeter bid from Paramount, with retail sentiment on Stocktwits remaining 'extremely bullish'.
- Competitive Pressure: Despite Netflix's acquisition offer of $27.75 per share, Paramount's $30 bid has been rejected, and the market speculates that a price of $33 or $34 per share may be necessary to shift the balance, highlighting the deal's uncertainty.
- Market Reaction: Both Netflix and Paramount stocks are under pressure due to the prolonged deal negotiations, with Netflix shares down about 42% from their June 30 peak and Paramount shares down approximately 44% since September 23.
- Copyright Protection Action: Netflix has issued a cease-and-desist letter to ByteDance over AI-generated infringing videos, demanding the removal of its intellectual property within three days or face litigation, indicating Netflix's strong commitment to protecting its original series like 'Stranger Things' and 'Squid Game'.
- Escalating Legal Threats: Netflix's litigation director, Mindy LeMoine, described Seedance 2.0 as a high-speed piracy engine that generates unauthorized derivative works, showcasing the company's aggressive stance on IP protection, which could lead to a legal confrontation with ByteDance.
- Industry Response: Concerns among media companies regarding AI videos are intensifying, with Warner Bros. also warning ByteDance, highlighting the urgent need for regulatory measures on AI tools, potentially prompting more companies to take legal action to safeguard their characters and brands.
- Future Outlook: While ByteDance has pledged to enhance video oversight, Netflix and other media companies may continue to pressure for stricter copyright protections, and failure to meet these demands could result in more severe legal consequences for ByteDance.

Warner Sale's Impact: The sale of Warner Bros. Discovery is being examined for its effects on theaters, particularly in terms of content distribution and financial implications.
Justice Department Investigation: The U.S. Justice Department is investigating the sale to assess potential antitrust issues and its impact on competition in the entertainment industry.
Warner Bros. Discovery's Bidding War: Warner Bros. Discovery has reopened bidding for potential suitors, Netflix and Paramount Skydance, creating a competitive atmosphere reminiscent of a reality show.
Reality Show Comparison: The situation is likened to ABC's "The Bachelor," highlighting the dramatic and uncertain nature of the media merger process.
- Cross-Title Collaboration: Zynga's partnership with CBS celebrates the 50th season of Survivor by integrating the show's gameplay into five popular titles, aiming to enhance user engagement and brand recognition.
- Fan-Driven Experience: This update allows players to influence game outcomes through personal decisions, significantly increasing player engagement and interactivity, which is expected to boost retention rates and game stickiness.
- Diverse Game Events: Titles like Words With Friends and Zynga Poker will host special events where players can win limited-edition rewards, further igniting competitive spirit among players.
- Strategic Implications: This collaboration not only showcases Zynga's innovative capabilities in mobile gaming but also strengthens its market competitiveness through association with a well-known brand, likely driving user growth and revenue enhancement.










