"The filing also states that because these investors are structured without such rights, "the Transaction will not be within CFIUS's jurisdiction," referring to the Committee on Foreign Investment in the United States. Reports have suggested that WBD's board opted for Netflix's deal as it lacked any foreign financing components and therefore faced no issues with CFIUS, a notably opaque and powerful antitrust tool that the government can employ to block controversial mergers."
"Kushner's inclusion reflects a broader fact pattern: since leaving government, his firm has raised several billion dollars from Gulf investors and has participated in large private transactions involving capital from the same region. In September, his firm joined Silver Lake and Saudi Arabia's Public Investment Fund in the $55 billion agreement to take Electronic Arts private, the largest private-equity buyout in history. WSJ reporting shows Kushner helped connect Silver Lake with PIF leadership earlier in the year as discussions around an EA buyout accelerated."
Jared Kushner's Affinity Partners is listed as one of four outside financiers supporting Paramount's all-cash $108 billion hostile bid for Warner Bros. Discovery, alongside Saudi Arabia's Public Investment Fund, Abu Dhabi's L'imad Holding Company PJSC, and the Qatar Investment Authority. The listed investors would hold non-voting equity and forgo governance rights, including board seats. The filing states that because these investors lack such rights, the transaction will not be within CFIUS jurisdiction. WBD's board opted for Netflix's deal in part because it lacked foreign financing and avoided CFIUS complications. Kushner's firm has raised billions from Gulf investors and helped connect Silver Lake with PIF for major deals.
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