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Jeffrey Kessler, a prominent figure in antitrust litigation who recently scored a landmark victory for states that sued Live Nation, will defend Paramount’s massive $110 billion deal for Warner Bros. Television. Discovery.
The studio does not expect legal challenges from the Justice Department, prosecutors or foreign regulators, though Kessler will lead the studio’s defense if any are filed, according to a person familiar with the situation.
Kessler’s addition bolsters Paramount’s formidable legal team, led by Makan Delrahim, Trump’s former assistant antitrust attorney general. The studio is also represented by: David Gelfand, a former deputy assistant attorney general for litigation in the Antitrust Division under former President Barack Obama, and attorneys at Latham & Watkins and Cravath, Swaine & Moore, who were seeking regulatory approval for the deal.
On Friday, a federal judge accepted Kessler’s request to represent the studio in a lawsuit filed by consumers challenging the merger. The result is the opening salvo of a buyout that will reshape Hollywood.
In a statement, Kessler called the complaint “baseless” and said it “resorts to political scaremongering that is inaccurate and irrelevant to antitrust analysis.”
He added: “What we learn from the complaint is that there is no credible antitrust case that can be brought against the Paramount/Warner Brothers merger.” “In my many years defending competition and the interests of consumers, athletes and workers, I have rarely seen such a weak case seeking to block a deal.”
Kessler, co-CEO of Winston & Strawn, is known for taking the side of plaintiffs. In 2019, he won a first-of-its-kind antitrust lawsuit against the National Collegiate Athletic Association on behalf of student-athletes. The decision opened the door for them to capitalize on their name, image and likeness, a seismic shift in college sports.
Last year, Kessler was appointed to represent a coalition of more than 30 states that objected to a last-minute settlement between the Justice Department and Live Nation. The case ended when the jury concluded that the company operated as a monopoly in violation of federal and state antitrust laws.
In 2023, he also obtained the dismissal of Garth Drabinski’s antitrust lawsuit against the Actors’ Equity Association after the Broadway producer was placed on the union’s “Do Not Work” list.
A lawsuit filed by Paramount subscribers last month alleged that the studio’s acquisition of Warner Bros. Discovery will significantly reduce competition in streaming, news and theatrical distribution in violation of antitrust laws. On Wednesday, consumer lawyers filed a preliminary injunction to block the deal.
Also representing Paramount in the case: Winston & Strawn partners Jennifer Parseghian, Connor Ready, Kevin Goldstein and Matt Hubert, all of whom have deep experience in antitrust litigation.
