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posted by chromas on Thursday August 13 2020, @08:08AM   Printer-friendly
from the submit-to-MIckey dept.

Why movie theaters are in trouble after DOJ nixes 70-year-old case:

By the late 1930s, the majority of power in Hollywood was concentrated in the hands of eight film studios, with the so-called Big Five—Paramount, MGM, Warner Brothers, 20th Century Fox, and RKO—holding the lion's share of the market. The studios not only locked actors into contracts and controlled film production and the distribution of those films, but also they bought up and founded movie theaters all over the country and thus controlled exhibition as well.

The DOJ [US Department of Justice] filed suit in 1938 alleging the eight studios were violating antitrust law in two key ways. First, the DOJ said, the studios were part of an unlawful price-fixing conspiracy, and second, they were monopolizing the distribution and exhibition sectors.

A federal District Court found in 1940 that the studios were indeed in violation of the law, which ended up leading to a whole long series of other legal challenges and appeals. In the end, the US Supreme Court in 1948 ruled 7-1 in favor of the DOJ in United States v. Paramount Pictures. The agreements the studios reached with the government, called consent decrees, required the studios to divest all their stakes in movie theater chains. They also had to end the practice of block booking, in which studios would require theaters to book a whole block of content—films and shorts—if they wanted to exhibit any of that content.

[...] In April 2018, the Justice Department announced it would undertake a review of "legacy" consent decrees put in place during the late 19th and 20th centuries as part of an agency-wide modernization initiative.

[...] Small theaters and independent theater chains all submitted comments to the docket, the overwhelming majority of which supported keeping Paramount in place.

[...] District Judge Analisa Torres, however, did not agree with any of the comments, and on Friday she agreed to terminate the decrees "effective immediately."

Torres' ruling (PDF) found that, basically, because we now have home video and Netflix, we don't really need to worry about competition in the movie-theater sector the way we used to.


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  • (Score: 2) by Booga1 on Thursday August 13 2020, @05:57PM (1 child)

    by Booga1 (6333) on Thursday August 13 2020, @05:57PM (#1036248)

    Oh, and of course I understand there ARE times when laws and regulations are outdated and need to be removed, revised, or even expanded. We have a process for that through the legislative branch.
    I guess that's another outdated concept that's too slow and inconvenient for today's world as well.

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  • (Score: 1, Interesting) by Anonymous Coward on Thursday August 13 2020, @11:23PM

    by Anonymous Coward on Thursday August 13 2020, @11:23PM (#1036352)

    It only has to come into effect long enough to make a quick buck. And another buck on the return side trolling about govt regulation.