The film daily year book of motion pictures (1948)

ants by virtue of violations of the Sherman Act by them, except such acts as were in accord with such decree during the period it was in force. 5. None of the defendants herein has violated the Sherman Act by combining', conspiring: or contracting to restrain trade in any part of the business of producing motion pictures or by monopolizing, attempting to monopolize, or conspiring to monopolize such business. 6. The defendants, and each of them are entitled to judgment dismissing all claims of the plaintiff based upon their acts as producers, whether as individuals or in conjunction with others. 7. The defendants Paramount Pictures, Inc.; Paramount Film Distributing Corporation: Loew's, Incorporated; RadioKeith -Orpheum Corporation, RKO Radio Pictures, Inc.; Keith-Albee-Orpheum Corporation; RKO Proctor Corporation: RKO Midwest Corporation; Warner Bros. Pictures, Inc.; Vitagraph, Inc.; Warner Bros. Circuit Management Corporation; Twentieth Century-Fox Film Corporation; National Theaters Corporation: Columbia Pictures Corporation; Columbia Pictures of Louisiana, Inc.; Universal Corporation; Universal Film Exchanges, Inc.; Big U Film Exchange, Inc.; and United Artists Corporation have unreasonably restrained trade and commerce in l he distribution and exhibition of motion pictures and attempted to monopolize such trade and commerce, both before and after the entry of said consent decree, in violation of the Sherman Act by: (a) Acquiescing in the establishment of a price fixing system by conspiring with one another to maintain theater admission prices; (b) Conspiring with each other to maintain a nationwide system of runs and clearances which is substantially uniform in each local competitive area. 8. The distributor-defendants Paramount Pictures, Inc.: Paramount Film Distributing Corporation: Loew's, Incorporated: Radio-Keith-Orpheum Corporation: RKO Radio Pictures, Inc.: Warner Bros. Pictures, Inc.; Vitagraph, Inc.; Twentieth Century-Fox Film Corporation; Columbia Pictures Corporation: Columbia Pictures of Louisiana, Inc.: Universal Corporation; Universal Film Exchanges. Inc.; Big U Film Exchange, Inc.: and United Artists Corporation, have unreasonably restrained trade and commerce in the distribution and exhibition of motion pictures and attempted to monopolize such trade and commerce, both before and after the entry of said consent decree, in violation of the Sherman Act by: (a) Conspiring with each other to maintain nationwide system of fixed minimum motion picture theater admission prices; (b) Agreeing individually with their respective licensees to fix minimum motion picture theater admission prices; (c) Conspiring with each other to maintain a nationwide system of runs and clearances which is substantially uniform as to each local competitive area; (d) Agreeing individually with their respective licensees to grant discriminatory license privileges to theaters affiliated with other defendants and with large circuits as found in finding No. 110 above; (e) Agreeing individually with such licensees to grant unreasonable clearance against theaters operated by their competitors; ( f ) Making master agreements and franchises with such licensees; (g) Individually conditioning the offer of a license for one or more copyrighted films upon the acceptance by the licensee of one or more other copyrighted films, except in the case of the United Artists Corporation ; (h) The defendants Paramount and RKO making formula deals. 9. The exhibitor-defendants. Paramount Pictures, Inc.; Loew's, Incorporated; Radio-KeithOrpheum Corporation; Keith-Albee-Orpheum Corporation; RKO Proctor Corporation: RKO Midwest Corporation; Warner Bros. Pictures, Inc.: Warner Bros. Circuit Management Corporation: Twentieth Century-Fox Film Corporation: and National Theaters Corporation have unreasonably restrained trade and commerce in the distribution and exhibition of motion pictures both before and after the entry of said consent decree, in violation of the Sherman Act by: (a) Jointly operating motion picture theaters with each other and with independents through operating agreements or profitsharing leases; (b) Jointly owning motion picture theaters with each other and with independents through stock interests in theater buildings; (c) Conspiring with each other and with the distributor-defendants to fix substantially uniform minimum motion pictures theater admission prices, runs, and clearances; (d) Conspiring with the distributor-defendants to discriminate against independent competitors in fixing minimum admission price, run, clearance and other license terms. 10. The Formula deals, master agreements and franchises referred to in Findings 86, 88 and 89 have tended to restrain trade and violate Section 1 of the Sherman Act. 11. Block-booking as hereinabove defined, violates the Sherman Act. 12. Further conclusions of law are made and embodied in the decree filed herewith. The Court having rendered its opinion herein on June 11, 1946, having duly considered the proposals of the parties and of ainici curiae as to its findings and judgment, and having filed its findings of fact and conclusions of law, wherein certain of the defendants herein were found to have violated the Act of Congress approved July 2, 1890, 26 Stat. 209, commonly known as the Sherman Act, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows: I 1. The complaint is dismissed as to the defendants Screen Gems, Inc., and the corporation named as Universal Pictures Com pany, Inc., merged during the pendency of this case into the defendant Universal Corporation. The complaint is also dismissed as to all claims made against the remaining defendants herein based upon their acts as producers, whether as individuals or in conjunction with others. II Each of the defendant distributors, Paramount Pictures, Inc.; Paramount Film Distributing Corporation; Loews, Incorporated; Radio Keith Orpheum Corporation; RKO Radio Pictures, Inc.; Warner Bros. Pictures, Inc.; Warner Bros. Pictures Distributing Corporation (formerly known as Vitagraph. Inc.); Twentieth Century-Fox Film Corpora