The U.S. Supreme Court denied an emergency application late Monday to halt the $110 billion acquisition of Warner Bros. Discovery by Paramount Skydance, allowing the merger to proceed as scheduled on Tuesday. Justice Elena Kagan, who oversees emergency appeals from the U.S. Court of Appeals for the Ninth Circuit, dismissed the plaintiffs’ petition without providing a reason.
The request was filed by five consumers led by Pamela Faust, who had previously lost in lower courts. Their lawsuit argued that the merger would harm competition, despite a consent decree approved by a federal judge in late September. The decree included conditions such as prohibiting the sale or closure of the Paramount or Warner Bros. lots during the commitment period and establishing an editorial-independence board.
A U.S. District Judge had dismissed the original complaint on August 5 for lack of standing but allowed the plaintiffs to amend it. The plaintiffs also sought a writ of mandamus from the Ninth Circuit, an extraordinary order directing a judge to take action they had refused. The district court had declined to issue a temporary restraining order on September 30, stating the plaintiffs had not demonstrated sufficient harm to justify blocking the merger.
The merger, which is expected to close on Tuesday, represents one of the largest media consolidations in history. The combined entity will operate under the name Paramount Skydance, with the deal finalized following the Supreme Court’s decision.