Exclusive negotiations have commenced between Warner Bros Discovery and Netflix for a potential sale of its flagship entertainment operations, a move that could profoundly reshape the entertainment industry landscape.
The leading streamer is reportedly vying with other industry titans like Paramount Skydance and the cable giant, which owns significant media properties, for ownership of the iconic Warner Bros studio, the premium HBO, and the HBO Max streaming platform.
According to reports the company has proposed a substantial termination penalty of $5 billion should the deal fail to secure antitrust approval in the United States.
With Warner Bros Discovery shares sitting around about $24, its overall market cap is estimated at around $60 billion. Reports suggest Netflix's offer ranges from $28 and $30 per share, which suggests a potential deal worth in the neighborhood of $70bn to $75bn.
Analysts have warned that such a merger could raise significant antitrust concerns, as it would combine two of the largest streaming services in the American market.
As part of its bid, Netflix has reportedly given assurances that the Warner Bros film studio, home to major franchises like Harry Potter and Batman, would continue to enjoy broad cinema distribution.
Prior to any potential deal closing, Warner Bros Discovery is planning to finalize a pre-arranged separation of its linear TV networks, which include CNN, TBS, and TNT.
Should the deal proceed, the buyer would gain ownership of HBO, the maker of award-winning shows including Succession, The White Lotus, The Sopranos, and Game of Thrones, along with an vast library of classic television.
The studio formally initiated its sale process in October following interest from multiple suitors.
The potential sale has sparked controversy. Acclaimed filmmaker James Cameron, known for the Avatar and Terminator franchises, recently warned that a Netflix acquisition could lead to a "significant erosion of long-term value" for the creative sector.
Initially, Paramount Skydance had been considered the leading candidate. The company had similarly proposed a $5bn breakup fee contingent on approval issues.
Recently, the rival bidder argued in a letter that its bid was the one most poised to secure regulatory clearance. Additionally, the studio alleged the seller of running an "biased sales process" that unduly benefited its competitor, calling it "tainted" in legal correspondence.
Representatives for all companies involved refused to comment on the ongoing negotiations.