David Ellison’s Paramount and 12 US states that are suing over the company’s proposed $111bn merger with Warner Bros Discovery (WBD) are not seeing eye-to-eye on when the matter should go to trial.
After Paramount agreed to delay the trial, the parties made a joint filing on Friday. The states asked a judge in Oakland, California, for a 12-15-day trial on April 5 2027. Writers Guild Of America (WGA), which is also suing against the merger, agreed.
However Paramount requested a trial date starting on November 4, which it said was sufficient time for both sides to gather evidence and would resolve the case and eliminate uncertainty.
An earlier trial would be in the company’s best interests, given that it agreed to pay a “ticking fee” that amounts to approximately $7m per day to WBD shareholders should the transaction not close by September 30.
In a statement a Paramount spokesperson said: “We believe a trial on the merits is the best and most direct way for us to prove what we’ve said from the start – this transaction is lawful, pro-competitive, and raises no antitrust concerns.
“Our request for a November trial date is more than sufficient to give both sides the time they need to conduct discovery, gather evidence, and prepare for trial. Plaintiffs’ request to delay proceedings until April is nothing more than a stonewalling tactic that goes well beyond the timelines sought in similar prior proceedings and ignores the substantial evidence plaintiffs have already received in this matter. Delay will also harm the many individuals.
“We will continue to vigorously defend the transaction and remain committed to closing as soon as possible so its benefits for the creative community and consumers can be realised.”
California attorney general Rob Bonta, who has been a vocal figurehead in the states’ case and faces a re-election on November 3, issued his own statement. “Our challenge to the unlawful Warner Bros./Paramount merger is a clean-cut antitrust challenge through and through: it’s about protecting the vibrancy of an industry, the pockets of consumers, and the quality of films and television programs that take center stage in many of our lives,” he said.
The statement concluded: “This challenge deserves careful and thorough review and today my office and attorneys general across the country asked the court for a trial date next spring. We are eager to continue to make our case and look forward to a final determination of the schedule by the court.”
The states filed an antitrust lawsuit against the merger in July, followed in short order by a separate suit from WGA.
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