NEW YORK — Netflix declined to raise its offer to buy Warner Bros. Discovery's studio and streaming business, a move that effectively puts Paramount in a position to take over its storied Hollywood rival.

On Thursday, after Warner's board announced that Skydance-owned Paramount's offer was superior to the agreement it previously struck with Netflix, the streaming giant said the new price it would have to pay to acquire Warner would make the deal "no longer financially attractive."

"We believe we would have been strong stewards of Warner Bros.' iconic brands," Netflix's co-CEOs Ted Sarandos and Greg Peters said in a joint statement. "But this transaction was always a 'nice to have' at the right price, not a 'must have' at any price."

Sarandos and Peters also thanked Warner leadership. Warner repeatedly backed the deal it struck with Netflix since December — and even when announcing Paramount's latest offer was superior earlier Thursday, the company said its board stood by its previous recommendation in favor of Netflix.

Paramount and Warner did not immediately respond to requests for comment about Netflix's choice to walk away. Thursday's news arrived after Paramount raised its rival bid for the entire company to $31 per share, in addition to other revisions.

The Warner Bros. water tower is seen Dec. 5 at Warner Bros. Studios in Burbank, Calif.

A Warner Bros. Discovery buyout would reshape Hollywood and the wider media landscape.

Unlike Netflix — which only wanted to buy Warner's studio and streaming business for $27.75 per share — Paramount wants the entire company. That means HBO Max, cult-favorite titles like "Harry Potter" and even CNN could soon find themselves under a new roof.

Paramount's CBS saw significant editorial shifts, notably with the installation of Free Press founder Bari Weiss at CBS News, under new Skydance ownership. If Paramount's acquisition of Warner is successful, critics warn of similar changes at CNN.

A Paramount-Warner combo also would combine two of Hollywood's five legacy studios that remain today, in addition to their theatrical channels. Beyond "Harry Potter," Warner movies like "Superman," "Barbie," and "One Battle After Another" — as well as hit TV series like "The White Lotus" and "Succession" — would join Paramount's content library.

Today, Paramount's lineup of titles include "Top Gun," "Titanic" and "The Godfather." Beyond CBS, it owns networks including MTV and Nickelodeon, as well as the Paramount+ streaming service.

Consumer Confidence Rises Slightly But Inflation Fears Persist

Executives at Paramount argued that merging will be good for consumers and the wider industry. However, lawmakers and entertainment trade groups warned that a Warner takeover would further consolidate power in an industry already run by just a few major players. Critics say that could result in job losses, less diversity in filmmaking and potentially more headaches for consumers who already face rising costs of streaming subscriptions.

Combined, that raises tremendous antitrust concerns. The U.S. Department of Justice already initiated reviews, and other countries are expected to do so, too.

Netflix, Warner and Paramount spent the past couple of months in a heated, public back and forth over whose deal has a better regulatory path and offers more value for Warner shareholders. Thursday's announcement arrived shortly after Paramount upped the ante on its offer.

Beyond increasing its proposed purchase price for Warner, the company also agreed to a regulatory termination fee of $7 billion. Paramount also pledged to move up a previously promised "ticking fee." The company initially said it would pay 25 cents per share for every quarter the deal drags on past the end of the year. Now it's agreed to pay that amount if the deal doesn't go through by the end of September, Warner said.

Paramount will take on billions of dollars in debt to finance its offer. David Ellison's father, Oracle founder Larry Ellison, heavily backs the bid for his son's company. Foreign sovereign wealth funds also provided equity for the offer, drawing scrutiny.

The Ellisons have a close relationship with President Donald Trump — bringing more politics into question. Trump previously made unprecedented suggestions about his involvement in seeing a deal through, before walking back those statements and maintaining that regulatory approval will be up to the Justice Department.

The push to acquire Warner also arrives just months after Skydance closed its own buyout of Paramount  in a contentious merger approved just weeks after the company agreed to pay the president $16 million to settle a lawsuit over editing at CBS' "60 Minutes" program.


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