Paramount Builds High-Profile Legal Defense Team for Warner Bros. Discovery Merger

Kessler, widely recognized for his work in major competition law cases, will join former federal prosecutors Makan Delrahim and David Gelfand in representing the studio, according to The Hollywood Reporter. The attorney is known for handling high-profile antitrust litigation, including significant victories involving the NCAA and Live Nation.

Per The Hollywood Reporter, Paramount does not currently anticipate formal legal challenges from the U.S. Department of Justice, state attorneys general, or international regulators. However, Kessler is expected to lead the company’s defense if lawsuits emerge over the transaction.

The legal team supporting Paramount also includes attorneys from Latham & Watkins and Cravath, Swaine & Moore, firms already involved in efforts to secure regulatory approval for the deal.

A federal judge on Friday approved Kessler’s application to represent Paramount in an ongoing consumer lawsuit challenging the merger. The case marks the first major legal battle tied to the acquisition, which is expected to significantly reshape the entertainment industry.

In a statement cited by The Hollywood Reporter, Kessler dismissed the lawsuit as “baseless” and argued that it relied on “political scaremongering that is both inaccurate and irrelevant to the antitrust analysis.”

Read more: US Senators Warn of Foreign Influence Risks in Paramount-Warner Bros Merger

“What we do learn from the complaint is that there is no credible antitrust case to be brought against the Paramount/Warner Bros. merger,” Kessler said. “In my many years of practice championing competition and the interests of consumers, athletes, and workers, I have rarely seen such a weak case seeking to block a transaction.”

Kessler currently serves as co-executive chair of Winston & Strawn and has built a reputation for representing plaintiffs in groundbreaking antitrust disputes. According to The Hollywood Reporter, he successfully challenged the NCAA in a landmark 2019 case that helped pave the way for college athletes to profit from their name, image, and likeness rights.

He also represented a coalition of more than 30 states in litigation involving Live Nation last year. That case ultimately resulted in a jury finding that the company operated as a monopoly in violation of federal and state antitrust laws, per The Hollywood Reporter.

In another notable matter, Kessler secured the dismissal of an antitrust lawsuit filed by Broadway producer Garth Drabinsky against Actors’ Equity Association in 2023 after the producer had been placed on the union’s “Do Not Work” list.

The consumer lawsuit filed against Paramount last month alleges that the Warner Bros. Discovery acquisition would substantially reduce competition across streaming services, news media, and theatrical distribution markets. Attorneys representing the plaintiffs recently requested a preliminary injunction aimed at blocking the merger while the legal challenge proceeds.

Additional Winston & Strawn attorneys representing Paramount include partners Jeanifer Parsigian, Conor Reidy, Kevin Goldstein, and Matt Huppert, all of whom specialize in antitrust litigation, according to The Hollywood Reporter.

Source: The Hollywood Reporter