I will be curious if this is approved. Probably will - might depend on how much overlap already exists between Netflix and HBO Max subscribers, if there is a lot then they might be able to argue that it isn't reducing choice. I think they can argue that the market will limit the pricing for them.
I don't know if HBO Max has changed, but when it first launched I was frustrated how often they rotated their own WB films and shows on and off the platform - the Disney+ model that more or less keeps everything available all the time as a true library works better for me. If they decide they will evergreen all the Kubrick they have, or all the DC, or all the Eastwood or whatever, that would be a good thing. I don't have Netflix so not sure if they rotate their own produced content.
I don't know if HBO Max has changed, but when it first launched I was frustrated how often they rotated their own WB films and shows on and off the platform - the Disney+ model that more or less keeps everything available all the time as a true library works better for me. If they decide they will evergreen all the Kubrick they have, or all the DC, or all the Eastwood or whatever, that would be a good thing. I don't have Netflix so not sure if they rotate their own produced content.