Jeffrey Kessler, a key figure in antitrust law, is set to defend Paramount’s $110 billion deal to acquire Warner Bros. Discovery. Recently, he notched a major victory for states against Live Nation, highlighting his expertise in high-stakes litigation.
Paramount doesn’t anticipate any legal hurdles from the Justice Department or state officials. Still, Kessler is ready to lead the defense if needed. His addition strengthens a powerful legal team, which includes Makan Delrahim, a former assistant attorney general for antitrust, and David Gelfand, who held a similar role under President Obama. Other notable lawyers from Latham & Watkins and Cravath, Swaine & Moore are also on board, focusing on obtaining regulatory approval for the merger.
A federal judge recently allowed Kessler to represent Paramount in a lawsuit brought by dissatisfied consumers challenging the merger. This lawsuit could mark the start of significant changes for Hollywood.
Kessler labeled the consumer complaint “baseless,” emphasizing that it relies on misleading political claims unrelated to antitrust considerations. He confidently stated, “There is no credible antitrust case against the Paramount/Warner Bros. merger.” Over his decades-long career, he has championed competition and consumer rights, and he describes this case as unusually weak.
As co-executive chair of Winston & Strawn, Kessler made headlines in 2019 for winning a groundbreaking case against the NCAA, allowing student-athletes to profit from their names and images. This ruling marked a significant shift in college athletics.
In 2022, Kessler also represented a group of over 30 states opposing a last-minute deal between the Justice Department and Live Nation. This resulted in a jury finding that Live Nation was operating as a monopoly, a significant blow to the company.
In a recent case, he won the dismissal of an antitrust lawsuit against the Actors’ Equity Association filed by Broadway producer Garth Drabinsky, who had been placed on the union’s “Do Not Work” list.
The lawsuit by Paramount subscribers claims that the merger will harm competition in streaming, news, and theatrical distribution, violating antitrust laws. Their lawyers have requested a preliminary injunction to block the deal.
Alongside Kessler, Paramount’s legal defense includes partners Jeanifer Parsigian, Conor Reidy, Kevin Goldstein, and Matt Huppert from Winston & Strawn, all with extensive antitrust litigation experience.
In today’s media landscape, mergers are closely scrutinized. As of 2023, about 75% of Americans believe large companies have too much influence over the economy and media. This growing concern highlights the importance of legal battles like this one. With Kessler at the helm, Paramount aims to reshape Hollywood and ensure competition remains vibrant.
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