While Congress may have little say in whether Netflix’s proposed merger with Warner Bros. goes through, senators expressed serious reservations about the combination, a possible sign of what’s in store from federal regulators.
At a Feb. 3 hearing of the Senate Judiciary Committee, lawmakers from both parties expressed numerous concerns to Netflix CEO Ted Sarandos and Warner Bros. Chief Strategy Officer Bruce Campbell regarding the merger, including fewer entertainment jobs, higher prices for streaming services, and harm to America’s movie theaters.
The decision whether or not to approve the merger rests with the Justice Department, the Federal Trade Commission, and potentially state attorneys general and the European Commission. However, many of the issues that senators raised are likely to also be key factors in the decisions made by these agencies.
“How you define the market in which the merged entity would make its appearance makes a big difference,” Sen. Mike Lee (R-Utah) told those at the hearing. “In a subscription video-on-demand market, if it were defined in that way, the combined firm would likely exceed the 30 percent market share threshold, thus triggering a presumption of illegality established by the Supreme Court and long-standing precedent.”
Despite such assurances, Sen. Corey Booker (D-N.J.) called the merger a “concerning consolidation” of the media industry, saying it could lead to higher costs for consumers, less content, and fewer creative jobs. Lawmakers also expressed concern that Netflix’s takeover of Warner Bros. would harm movie theaters, with more Warner films going to online streaming.
“A combined firm could limit access to popular content, limit licensing options, and make it harder for rivals to emerge and compete,” Lee said. “Theater owners worry about shorter release windows and fewer wide theatrical releases, which could harm neighborhood cinemas, those they employ, and affect local economies.”
In response, Sarandos pledged that Warner Bros. would continue to create theatrical releases and would maintain the typical 45-day window, in which movies first run in theaters before going to home viewing. He stated that the combined company would create more content, not less, and that there was little overlap to eliminate in the two companies’ business lines.
Charges of Political Bias
Republican senators criticized Netflix for what they regarded as the overt politicization of its content in favor of the Democratic Party.“Netflix has long been a left-wing company,” Sen. Ted Cruz (R-Texas) stated.
Sarandos responded to charges of bias, stating that about 40 percent of Netflix subscribers are conservative.
“If we fail to entertain them by trying to promote propaganda or anything other than entertainment, we fail,” he said.
“Why is it that so much of Netflix content for children promotes a transgender ideology?” Sen. Josh Hawley (R-Mo.) asked. Mentioning his three young children, Hawley said, “I can’t let them watch anything on Netflix unless I preview it, because I don’t have confidence in what’s on your platform. I don’t know what they’re going to encounter.”
Sen. Eric Schmitt (R-Mo.) likewise charged that “Netflix continues to push sexual and gender theory on kids” and that “41 percent of G-rated kid-approved series contain LGBTQIA+ content.”
On this topic, however, tech entrepreneur Elon Musk recently urged his followers on X to “cancel Netflix for the health of your kids.”
Activist investor Jerry Bowyer submitted a shareholder resolution in 2025 in which he criticized what he said was Netflix’s “disturbing & egregious messaging regarding the sexualization of children.”







