An antitrust case against a Netflix-Warner Bros. merger is weak if the market is defined as all consumer 'eyeballs,' not just paid streaming. Including massive platforms like YouTube, TikTok, and Instagram, where most people spend their time, creates a landscape of intense competition, undermining monopoly claims.

The primary concern for creators regarding a Netflix-Warner Bros. merger isn't consumer price-gouging (monopoly). It's that Netflix would become the single dominant buyer of content (monopsony), giving it immense leverage to suppress creator pay and control.

The cynical take on the Netflix-WB deal is that Netflix's true goal is to eliminate movie theaters as a competitor for consumer leisure time. By pulling all WB films from theatrical release, it can strengthen its at-home streaming dominance and capture a larger share of audience attention.

Netflix's bid for Warner Bros. may be a brilliant game theory play. Even if the deal is blocked by regulators, it forces its primary rival into a multi-year acquisition limbo. This distraction freezes the competitor's strategy, allowing Netflix to extend its market lead. It's a win-win for Netflix.

A proposed government service would allow companies to pay for a pre-vetted antitrust assessment before announcing a merger. This "TSA Pre-Check" for deals would involve independent reports and a public interest test, aiming to streamline the process, reduce political favoritism, and avoid lengthy, uncertain reviews.

The acquisition isn't a traditional consumer monopoly but a monopsony, concentrating buying power. This gives a combined 'Super Netflix' leverage to dictate terms and potentially lower wages for actors, writers, and directors, shifting power from talent to the studio.

The intense bidding war for Warner Bros. Discovery is driven by unique strategic goals. Paramount seeks subscriber scale for survival, Netflix wants premium IP and sports rights, and Comcast primarily needs modern franchises like Harry Potter to fuel its profitable theme park business.

Recent streaming price increases, which are vastly outpacing inflation, serve as the primary evidence that the market is already too consolidated. Further mergers would grant companies like Netflix unchecked pricing power, transferring wealth from consumers and labor directly to shareholders in an oligopolistic environment.