Go to Trial

In the “legal” battle between Larry Ellison’s Paramount on the one hand and California, et al,, on the other over whether Paramount’s acquisition of Warner Brothers amounts to an anticompetitive monopoly, as California AG Rob Bonta claims, Ellison is pushing for a 4 November trial start date while Bonta and his fellow attorneys general in this case are holding out for a 5 April of next year start date.

Consider, though: Paramount, as part of the acquisition deal, agreed to pay Warner Brothers $650 million per quarter for every quarter the deal stays unclosed after 7 September this year, and a final payment of $7 billion, if the deal collapses or remains unclosed by June of next year. That’s what put the quote marks around the legal part just above.

If the defendant is ready to go to trial in early November, then that’s when the trial should start. That the defendant shall enjoy the right to a speedy and public trial, by an impartial jury is explicit in our Constitution for criminal cases, but the principle holds just as firmly in civil cases. California, et al., don’t get to delay the trial at government’s convenience.

Aside from that, they were ready to go to trial, tautologically, when they filed their suit. Delaying five months is nothing but an unethical effort to delay, delay, delay for the sole purpose of running up the costs to the defendant—hoping, perhaps to spend the defendant into giving up—for its impertinence in insisting on defending itself.

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