Smaller and independent film companies nonetheless maintained a presence, despite the major studios’ unquestionable market stronghold. “In 1938, the year the famous Paramount case was launched, more than 700 feature films were released by more than 200 different companies, with the eight major studios accounting for less than half the total,” says F. Andrew Hanssen, a Clemson University economics professor who has studied the impact of the Paramount decision on the film industry’s subsequent decline.
“That said,” Hanssen continues, “most of the most expensive and highest box-office films were released by the eight majors, as distributors if not as producers.”
U.S. v. Paramount Pictures, et al.
The case first went to trial in a New York federal court in June 1940. Two weeks later, the government and studio lawyers reached a compromise: The studios could keep their movie theaters if they limited block booking.
This decision came as a blow to independent producers such as Walt Disney, Mary Pickford, Orson Welles and David O. Selznick, who, among others, banded together to form the Society of Independent Motion Picture Producers (SIMPP) to get the antitrust case back into court.
Their efforts were successful. The case eventually rose to the Supreme Court, where the trial began in February 1948. The court’s fateful decision three months later required studios to end block booking and sell off their movie theaters, leveling the playing field for smaller producers and distributors.