We now live in a time when a shelved superhero movie is so traumatizing that members of the United States Congress feel compelled to intercede. Gotta keep your priorities in order.
On April 7, various members of the US Senate and House of Representatives wrote an angry letter addressed to the Attorney General and Assistant AG in regard to the unacceptable business practices of Warner Brothers-Discovery. The letter harshly denounces the unification of the two media giants, but in an especially odd gesture, it references the deleterious effects of “hollowing out an iconic American studio.” That’s a way of saying DC’s got some fanboys and girls who are not happy with the course of the DC Extended Universe under current management. The public acknowledgment of antitrust laws is one that has lingered for a while as large media companies buy out their competition in an increasingly tinier, less risk-averse climate.
Signed by Senator Elizabeth Warren and Representatives Joaquin Castro (not to be confused with brother Julian), David N. Cicilline, and Pramila Jayapal, the letter elaborates on a series of supposedly dangerous tactics by the media giant. The backlash against corporate consolidation leaning heavily on a film so bad (or so we are led to believe) no one was ever supposed to see it. By accident, Batgirl, the most momentous Warner Bros. film of 2022, at least from a legal perspective, could be the one they didn’t release.
Missing in Action
A little background for those that weren’t following this story. In August 2022, the merger of Warner Brothers and Discovery made the headlines, though in the footnotes was some surprising information concerning several planned films, including Batgirl, which already wrapped principal photography and was months from a premiere on streaming. According to The Hollywood Reporter, this was primarily done for tax purposes to save $3 billion for breathing room. Brendan Fraser’s return to glory would have to wait for a few months, as would Michael Keaton’s return to the Batman franchise.
It was slated for a release on HBO Max, alongside several other scrapped films. In a vaguely worded press release, WB insisted Batgirl‘s demise “reflects our leadership’s strategic shift as it relates to the DC universe and HBO Max.” Discovery had just acquired WB, and with the COVID-19-related lockdown coming to an end and the company looking to shed unnecessary costs, the straight-to-streaming business model was dead, along with everything that wasn’t considered fit for movie theaters seeing as it would not justify the $90 million budget and obligatory marketing costs that would have pushed the total tally much, much higher.
Allegations of Antitrust Violation
Under the aegis of the United States Department of Justice, Merrick Garland has the authority to pursue investigation into anti-consumer practices, in the same manner the Justice Department might go after a crappy airline, unscrupulous diet-product retailer, or misleading automobile company. In this case, the Congress people stress the need to protect not just consumers but WB employees, WB “leaving workers with fewer choices for employment and advancement.”
The newest letter references an earlier letter from 2021, which raised concerns of the possibility of a Discovery-WB merger. It appears those fears came true, and Batgirl is exhibit A in their argument. In this most recent letter, the lawmakers highlight the threat to consumer choice, invoking antitrust laws. “Warner Bros. Discovery’s market share has enabled it to harm workers and heighten barriers to entry in the media and entertainment industry.” The letter also highlights the combining of Discovery+ and HBO Max into a single streaming entity.
Batgirl Returns?
At this juncture, WB seems hellbent on keeping their film locked up in the vaults and playing the name game with their streaming service brand again. Based on WB’s struggles to even pull a profit, the antitrust case seems like a moot point for Congress to pursue. You certainly can’t benefit from a monopoly if you are hemorrhaging money. There’s been no public talk of reversing their decision concerning the overall IP or Batgirl, so any potential action by Garland and the Justice Department remains unclear, and at this point, not very plausible. This might be a routine PR stunt to draw attention to the need for the Justice Department to further “modernize federal merger guidelines.” Congress members do love to hear themselves talk, and if these politicians wanted a useful issue to raise their profile, it worked. But for all we know Elizabeth Warren might have some Funko Pop figurines in her office.
Regardless of your feelings on corporate monopolies, the free market, or superhero movies, things could get interesting. Barbara Gordon might never get any screen time, but a dozen hours of House Committee jabbering on Batgirl is not outside the realm of possibility. On the bright side, it’s more publicity than WB ever gave her. Let’s just hope it’s as out-of-touch and entertaining as the Senate Judicary’s Twitter hearing. Goodbye HBO Max, hello C-SPAN.
