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Block Booking <^ <^, <^ <^> <^ <^ <^> 161
block booking policy results in using up all of the available exhibition time of competitors, respondent's counsel offered in evidence carefully prepared statistical summaries showing the situation in all theaters (based upon a geographical selection of about 40% of the total number) and, upon subpoena from the Commission, the situation in firstrun theaters in 27 key cities specified by Commission's counsel. This latter information was embodied in respondent's Exhibit 79, with the following result :
One hundred and twelve first-run theaters, out of a total number of 195 such theaters in the 27 key cities mentioned, played some Paramount pictures out of Group IV. Of them only 5 played more than 90% of any block, only 10 played more than 75% of any block, only 20 played more than 50% of any block and only 57 played more than 25% of any block, while 55 played less than 25% of each block. Eighty-three first-run theaters played no Paramount pictures.
One hundred and twenty-eight first-run theaters in the 27 key cities mentioned played some Paramount pictures out of Group V. Of them only 2 played more than 90% of any block, only 4 played more than 75% of any block, only 16 played more than 50% of any block, and only 43 played more than 25% of any block, while 85 played less than 25% of each block; 67 first-run theaters played no Paramount pictures. One hundred and eight first-run theaters in the 27 key cities played some Paramount pictures out of Group VI. Of them only 4 played more than 90% of any block, only 6 played more than 75% of any block, only 17 played more than 50% of any block and only 37 played more than 25% of any block, while 71 played less than 25% of each block. Eighty-seven first-run theaters played no Paramount pictures.
The Federal Trade Commission replied:
Respondents have placed voluminous exhibits in the record purporting to have been compiled from their sales records in various exchange centers, showing the number of sales made out of the total number of pictures offered from time to time, which they claim refute the charge of block booking. There are so many elements that enter into these sales to theaters outside the key cities that the exhibits are of no value. The proof is that in many of the exchange territories there are from 60% to 70% of all the towns where there is no competition and these towns are referred to in the evidence as "closed towns" or "oneman towns". These closed towns are largely confined to the small towns of 10,000 and under where one man owns all the theaters, and includes that great number of small towns where there is only one theater. Of course, where there is no competition block booking can