Motion Picture Herald (Mar-Apr 1947)

U. S. APPEAL (.Continued from page 16) sonably restraining competition in the motion picture business in the future. 2 I" concluding that the major de * fendants had not actually achieved a monopoly in exhibition either singly or collectively. ^ In not concluding that the defend * ants had actually achieved a collective monopoly of distribution. ^ In failing to prohibit the guilty de * fendants from making clearance agreements in the future. In failing to prohibit the continued * use by the major defendants of each other's theatres as exhibition outlets for each other's films. ^ In failing to order ultimate divorce * ment of the distribution and production businesses of the major defendants from their theatre operations. *J In failing to require the major de * fendants to divest themselves of all their theatre holdings. Q In failing to prohibit absolutely any * further acquisition of theatre interests by the major deendants. O In failing to prohibit the major deendants from continuing to exhibit their own films in their own theatres upon terms which discriminate against their competitors. ~i f\ In decreeing competitive bidding as appropriate relief in situations where the defendants' theatres were in competition with independent theatres. In failing to require that all com * petitive bids be stated in terms of flat rental. "f In concluding that none of the de fendants had attempted to monopolize or conspired to monopolize or restrain trade in the business of producing motion pictures. "1 "5 In concluding that the factor of print cost would confine exhibition to high-priced theatres unless a system of successive runs protected by clearance is employed. "| A In concluding that a grant of clearance when not accompanied by a fixing of admission prices or by an undue extension as to area or duration affords a fair protection to the licensee without unreasonably interfering w.ith the public interest. "I CT In concluding that the fixing of * clearance in license contracts or by other agreements is essential to the reasonable conduct of the motion picture business. . "| /L In concluding that competition can be introduced into the present system of fixing admission prices, clearances, and runs by requiring a defendant-distrib END OF DECREE SUIT IN 1948 — MAYBE Although the Government's antitrust suit will not last forever, Robert L Wright, counsel for the Government, estimates that the suit will not be argued before the Supreme Court until October or November. Proceeding from that guess, it is estimated that the high court will not hand down a decision until sometime in 1948. And even then the defendants have the right to appeal for a re-hearing after the first decision and that would drag the case out for another 60 days after the final decree is handed down. Completion of the case probably will not come until June, 1948, Government officials believe. And then will come a new problem. Who will be in charge of the eventual policing of the final decree? The Department of Justice's anti-trust department believes that it will. In Washington, last weekend, Mr. Wright asserted that he thought enforcement in any anti-trust litigation was ultimately left to the antitrust division. But right now there is considerable discussion aboul special arbitration boards and a unit of the Federal Trade Commission being empowered to do the enforcing. utor, when licensing its features, to grant the license for each run at a reasonable clearance (if clearance is involved) to the highest bidder. 'tP7 I'1 concluding that the percentage of * features on the market which any of the five major defendants might play in its own theatres would be so small as in no wise to approximate a monopoly of film exhibition. 1Q In concluding that the competitive * bidding decreed would make it impossible for the defendants to discriminate unreasonably in favor of circuit theatres and against independents. "I Q In concluding that a defendant's interest of five per cent or less of a theatre investment in which others were also interested was de minimis and only to be treated as an inconsequential investment in exhibition. In concluding that the defendants' theatre holdings are not large enough to permit them, individually or collectively, to have a monopoly of exhibition. ^"fl In concluding that there was or * would be under its decree adequate competition between theatres operated by the major defendants in any city. In concluding that certain theatres which had used the product of more than one distributor in the past could not operate on the product of one distributor in the future. In concluding that the illegalities and restraints found to exist in the industry did not lie in or result from the the ownership of theatres by the major defendants. In concluding that total theatre di * vestiture would be injurious to the corporations concerned and would be damaging to the public. In concluding that such divestiture * would not remedy the illegal practices found by it which had unreasonably restricted competition in the industry. Harold Lasser, special attorney for the Government, filed the appeal for the Department. School Groups Hit Gang Films from San Francisco Protest by the Parent-Teachers Associations and educational groups against gangster and crime pictures is causing considerable concern among theatre managers who are endeavoring to pacify the club members and educators. The Alameda County Federation of Women's Clubs presented a resolution to their members linking the rise in juvenile delinquency to the numerous crime pictures being shown. The resolution stated that while theatres should not have to shoulder the responsibility for young people seeing this type of film, theatres should not book so many thrillers and should, instead, show more "family" type pictures. There was further agitation in nearby Sunnyvale where the local PTA circulated a petition signed by hundreds of parents who protested the horror pictures shown at Saturday children's matinees. The PTA stated that double bills were another grievance and that the serialized "thrillers" were psychologically harmful to children. In Campbell, similar trouble arose. PTA groups demanded better billing of Saturday matinee shows and elimination of the gangster and horror films. In an effort to correct motion picture programs, the San Jose school district will play host to a California Youth Authority Conference beginning March 8 when a day will be devoted to a panel discussion of "movies and Recreation." Principals of various high schools and junior high schools, representatives of the State Department of Education, PTA representatives, and Mrs. Hulda McGinn, Community Service and Legislative director for the California Theatres Association, will participate. Film Classics Get Branch Film Classics, Inc., has acquired a branch office in Kansas City, Mo., through a lease negotiated by L. F. Duiiand, Film Classics' branch manager. MOTION PICTURE HERALD, MARCH I, 1947