Abstract
In the summer of 2023, Hollywood froze when actors, writers, and crew took to the picket lines. Their gripe: the recent mega mergers by media conglomerates. The Writers Guild Association and Screen Actors Guild American Federation of Television and Radio Artists joined forces to protest recent acquisitions by Disney, Amazon, and Netflix; these companies vertically integrated within the industry, which allowed them to exploit workers, limit content, and raise prices for consumers. In the same summer, the Department of Justice and Federal Trade Commission released Draft Merger Guidelines, which included thirteen new guidelines for evaluating whether a merger violates antitrust law.
Congress passed the Sherman and Clayton Acts to prevent mergers and acquisitions that further anticompetitive conduct and harm the consumer. The Writers Guild of America West released a report in August 2023 naming Disney, Amazon, and Netflix as the “Gatekeepers” of Hollywood that are violating these laws and stated that if not stopped, they will continue to harm creators at the expense of consumers.
This Comment will examine the recent acquisitions of these Gatekeepers through the lens of the eleven Merger Guidelines, which were officially issued on December 18, 2023. This Comment will conclude that the Gatekeepers’ recent acquisitions may have violated these Merger Guidelines, harming both consumers and talent.
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