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A Study on the Legal Measures to the Monopoly and Oligopoly in the Hollywood Film Industry - Focusing on the Paramount Decree -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(4), pp.133-154
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : November 30, 2019

Song, Seung Eun 1

1성균관대학교 법학연구원

Candidate

ABSTRACT

In the early 2000s, Korean multiplex chains, CGV, Lotte cinema and Megabox were vertically combined, from investment/production to distribution/screening. They have dominate Korean film industry until today. These vertically combined companies are expanding their profits with extreme wide release. We call this current situation screen monopoly and oligopoly. It is one of the most debated issues in this industry. On May 1948, the U. S. Federal Supreme Court found that the Paramount dependents who were Hollywood studios violated Sherman Act by vertical integration, blocking booking and so on. The court also ordered the Paramount dependents to prohibit from their activities unreasonably restraining competition, and to divest five major studios of theaters. Under the Paramount decision, Hollywood studio system was weakened and studios decreased film production and concentrated on distribution instead in the decline of a motion picture industry. However, we need to examine this imbalanced market to make it fair. The solution, such as the Paramount decree, should be actively introduced into the domestic film market to provide a legal and institutional mechanism to create a fair competitive environment for the Korean film industry. It is time to reestablish the concept of diversity in film industry and enact an influential legal policy to actually limit the monopolies of film distribution and multiplex screening business. This will help the audience enjoy various movies and prevent film industry disruption.

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This paper was written with support from the National Research Foundation of Korea.
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