Universal, and the downtown theaters over the Mt. Lebanon Drive-In, were unreasonable in and of themselves aside from the conspiracy.
7. The combination and conspiracy of defendants to restrain and monopolize interstate trade and commerce in motion picture film is a continuing one and threatens irreparable loss to plaintiff in its operation of the Mt. Lebanon Drive-In Theatre, and unless enjoined, will continue, to the further damage of plaintiff.
8. The parties are directed to submit their proposals for a decree to be entered by the Court within ten days from the date of filing these findings.
I. The defendants are, and each of them is enjoined from continuing to adhere to maintain, enforce or attempt to enforce the conspiracy described in the Court's Findings of Fact Number 10 and Number 32.
II. For the purpose of uprooting the Pittsburgh Release System and the entire conspiracy the court has found to exist, and to remove all vestiges thereof, and to prevent delay in the exhibition of motion pictures at theaters playing subsequent to the first run Pittsburgh showing, each defendant is enjoined and restrained from granting its first run licensee in Pittsburgh a clearance of any picture in excess of seventeen days, which period of time shall commence to run on the conclusion of the first run showing except that if a picture is shown first run for more than twenty-five days, said period of time shall commence to run at the end of the twenty-fifth day. This provision shall not apply to specially handled pictures which the distributor thereof releases nationally in a manner other than the usual course of release, provided that this exemption shall not be applicable to more than three pictures per year released by any defendant. The uniform system of release described in Paragraph ten of the Findings of Fact filed in this cause is referred to in this Decree as the 'Pittsburgh Release System.'
III. In the event any defendant chooses to institute competitive bidding between exhibitors whose playing position is related to that of any theater in Allegheny County, (A) such defendant shall not discriminate against plaintiff in the conduct of such bidding or in making an award pursuant to such bidding, and (B) all bids and offers, counteroffers, and acceptances between such defendant and such theater regarding such bidding shall be in writing. Such defendant is prohibited from indicating orally or in writing to any theater what any other theater has bid. However, any theater engaging in such bidding shall have the right to inspect all such writing at defendant's place of business in Pittsburgh during its business hours upon to such defendant after the acceptance of the bid. Each defendant is restrained from acting upon any offer received from such theater which is not in writing.
IV. Each defendant is enjoined and restrained from (A) denying to plaintiff an opportunity to license any feature motion picture for exhibition at the Mt. Lebanon Drive-In Theatre on a run and subject to clearance and in a playing position at least as favorable as that afforded to any other drive-in theater whose playing position is related to that of any theater in Allegheny County, and (B) discriminating against plaintiff in any manner.
V. Each defendant is enjoined and restrained from entering into or performing any contract, agreement or license which has the effect of accomplishing or aiding in the performance of any of the acts enjoined by this decree.
VI. Jurisdiction of this cause is retained for the purpose of enabling any of the parties to this decree to apply to the Court at any time for such order or direction as may be necessary or appropriate for the construction or carrying out of the same, or for the enforcement of compliance therewith, or for the punishment of violations thereof, or for ancillary, further, or supplemental relief or modification.
VII. Costs are assessed against the defendants, not including however Twentieth Century-Fox Film Corporation. The provisions of this decree are applicable to all of the defendants in this action except Twentieth Century-Fox Film Corporation.
© 1992-2004 VersusLaw Inc.