News Round Up 2020

Somewhere movie production executives have realized the opportunity COVID has given them to remove the middle man. When the theaters go under and are forced to sell assets, they will have the capital reserve to purchase what is left. They see victory in the COVID waiting game. We are one step closer to Disney film theaters. Any rules against it will make no sense to "save" the industry. They will laugh all the way to the bank.

A movie studio cannot own a theater and exclusively run their own movies. The Supreme Court decided this in United States v. Paramount Pictures, Inc., 334 US 131 (1948), a landmark anti-trust decision. This was a fascinating case because it led toward the dismantling of the "old" studio system, where a studio owned everything and everyone from pre-production through distribution. It also led to the explosion of independently-run theaters and gave smaller studios the room to get their movies distributed. It still is relevant today when companies such as Apple or Google or Microsoft are trying to make both devices and content. It could be that Disney buys up these theater chains, but they would need to run other studios' movies as well.
 
A movie studio cannot own a theater and exclusively run their own movies. The Supreme Court decided this in United States v. Paramount Pictures, Inc., 334 US 131 (1948), a landmark anti-trust decision. This was a fascinating case because it led toward the dismantling of the "old" studio system, where a studio owned everything and everyone from pre-production through distribution. It also led to the explosion of independently-run theaters and gave smaller studios the room to get their movies distributed. It still is relevant today when companies such as Apple or Google or Microsoft are trying to make both devices and content. It could be that Disney buys up these theater chains, but they would need to run other studios' movies as well.
The court granted the DOJ's motion to lift the decrees on August 7, 2020, starting a two-year sunset termination period of the decrees. See Wikipedia
 
A movie studio cannot own a theater and exclusively run their own movies. The Supreme Court decided this in United States v. Paramount Pictures, Inc., 334 US 131 (1948), a landmark anti-trust decision. This was a fascinating case because it led toward the dismantling of the "old" studio system, where a studio owned everything and everyone from pre-production through distribution. It also led to the explosion of independently-run theaters and gave smaller studios the room to get their movies distributed. It still is relevant today when companies such as Apple or Google or Microsoft are trying to make both devices and content. It could be that Disney buys up these theater chains, but they would need to run other studios' movies as well.
Except the U.S. Department of Justice, Antitrust Division, has since formally filed a motion to terminate the Paramount Decrees, the underlying anti-trust rules that were proven broken in the Supreme Court case. The Court granted the motion to lift the decrees as of August 7, 2020 with a 2 year sunset clause. So as of August 7, 2022, the five bedrock decrees will no longer apply or be enforced. This means that content creators can both own theaters and make them somewhat exclusive to their own content. It will be interesting to see if this creates exclusive vertical integration again.
 
A movie studio cannot own a theater and exclusively run their own movies. The Supreme Court decided this in United States v. Paramount Pictures, Inc., 334 US 131 (1948), a landmark anti-trust decision. This was a fascinating case because it led toward the dismantling of the "old" studio system, where a studio owned everything and everyone from pre-production through distribution. It also led to the explosion of independently-run theaters and gave smaller studios the room to get their movies distributed. It still is relevant today when companies such as Apple or Google or Microsoft are trying to make both devices and content. It could be that Disney buys up these theater chains, but they would need to run other studios' movies as well.
This was overturned in August. It is now in a 2 year sunset termination period
 
Interesting! I didn't realize that. I don't want to get so far afield of news roundups, but I read Judge Torres' decision on terminating the decrees. Those decrees only apply to Paramount, Fox, WB, Loews (the studio), Columbia, Universal, RKO, MGM, and UA. The only two of those that still exist on their own is Universal and MGM (kind of - they only release 3 movies last year). I still think that antitrust laws are a significant deterrent to Disney buying up Regal or AMC. Judge Torres' opinion essentially says that the purchase of one of the major chains by a major studio would need to be reviewed by the DOJ antitrust division and that antitrust law passed subsequent to the Paramount Pictures decision probably would not lead to a successful merger: "...changes to antitrust administration, in particular, the HSR Act, provide federal antitrust agencies with notice and the opportunity to evaluate the competitive significance of any major transaction between a movie distributor and a theater circuit, which suggests a low likelihood of potential future violation." (p. 14).

I'm probably reading it the wrong way since I haven't studied antitrust law since law school in 2002 (and I was never that good at antitrust law in the first place! I'm a criminal prosecutor). But Paramount Pictures as precedent still seems to survive and in any event, any (hypothetical for now) purchase by Disney of a major movie theater chain would both be subject to DOJ review and a court challenge. Judge Torres also does mention Disney being essentially the 800 pound gorilla in movie distribution and I'm sure their creation of Disney+ does not help in an antitrust setting.
 
And I think that’s it for the big 2021 movies. Everything in 2021 will be 2020 movies. So much for expecting a jam packed state of movies in 2021, that’s assuming theaters reopen after their next closure, which they may very well not
 

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