Netflix Inc. Co-Chief Executive Ted Sarandos pledged to maintain a 45-day theatrical window for Warner Bros. films during a Senate subcommittee hearing Tuesday.
Sarandos also tried to dampen concerns about potential job losses and U.S. production declines related to the companies’ proposed multibillion-dollar deal.
During a two-hour hearing before the Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, Sarandos told lawmakers the proposed merger would not run afoul of antitrust concerns and would, instead, “strengthen the American entertainment industry.”
About 80% of HBO Max subscribers also have Netflix subscriptions, which he said showed the two services were “complementary.” Netflix also plans to increase its film and television production spending to $26 billion this year, with a majority of that happening in the U.S., he said.
“We are doubling down, even as much of the industry has pulled back,” Sarandos said, according to a written transcript of his opening remarks. “With this deal, we’re going to increase, not reduce, production investments going forward, supported by a stronger combined business and balance sheet.”
Sarandos was joined at the hearing by Warner Bros. Discovery Chief Revenue and Strategy Officer Bruce Campbell.
When asked by Sen. Adam Schiff (D-Calif.) whether senators should expect a “round of layoffs” or consumer price increases as a result of the deal, Campbell said no. He pointed to Netflix’s lack of comparable film and TV studios, or the distribution infrastructure that Warner Bros. has.
“We believe, based on our discussions with them in the negotiation process, that they’re not only going to keep those operations intact, in fact, they’re going to invest in those operations and invest in continued production, including on our lots in Burbank and elsewhere,” Campbell said.
Paramount Chief Executive David Ellison was also invited to appear as a witness, but declined because he did not believe it would be useful or helpful since the company’s bid for Warner had been rejected, Sen. Cory Booker (D-N.J.) said during the hearing. Ellison did, however, meet with him and other senators privately to answer questions, Booker said.
Sarandos also tried to assuage concerns about the deal’s potential effect on theatrical distribution.
“I know I’ve earned some skepticism over there over the years on this because I was talking a lot about Netflix’s business model, which was different from that,” he said. “We didn’t own a theatrical distributor before. We do now, and a great one.”
When asked if the 45-day window would be “self-enforced,” Sarandos agreed, saying that was an industry standard. He did, however, note the general caveat that “routinely, movies that underperform, the window moves a little bit” but is still referred to as a 45-day window.
And in a sign of the growing role politics has played in the perception of the deal, Sarandos tried to sidestep questions from Republican senators about perceived “woke” content on the streaming platform, as well as inquiries from Booker about President Trump’s involvement in the merger. Trump previously said he “would be involved” in his administration’s decision to approve any deal.
The hearing comes just two months after Netflix prevailed in a hotly contested bidding war for Warner Bros. The $72-billion deal would dramatically reshape the Hollywood landscape and give the streamer control over Warner Bros.’ storied Burbank film and TV studios, its lot, HBO and HBO Max.
Netflix also agreed to take on more than $10 billion in Warner Bros. debt, pushing the enterprise value of the transaction to $82.7 billion.
But Paramount has continued to pursue the company, fighting to acquire all of Warner Bros. Discovery, including its cable networks.
The company, led by Ellison, has made a direct appeal to Warner shareholders to tender their shares in support of a Paramount deal. A deadline for that offer was recently extended to Feb. 20.
Paramount has also filed proxy materials to ask Warner shareholders to reject the Netflix deal at an upcoming shareholders meeting.
