As Paramount continues battling state AGs to close its merger with Warner Bros Discovery, Cinemark, the nation’s third largest chain, has joined the top two circuits in supporting the $111 billion deal.
“We have consistently stated we would look favorably upon media consolidation that increases the quality and output of films released into theaters with sufficient marketing campaigns and theatrical windows, and that is backed by firm commitments to ensure follow-through,” the exhibitor said.
“David Ellison and the leadership team at Paramount Skydance have repeatedly expressed their intent to release at least 30 films into theaters annually following a merger with Warner Bros. Discovery, with minimum windows of 45 days to PVOD and 90 days to SVOD. Moreover, they are now offering to put those pledges into written commitments and consent decrees. These are conditions and formal assurances that align with our long-held views, which we at Cinemark support.”
Exhibition trade organization, Cinema United, which has strongly opposed the combination, softened is stance somewhat in a letter to Ellison, Paramount’s CEO, and California AG Rob Bonta, encouraging them “to meet in the immediate future and discuss all possible avenues for resolving the state of California’s pending challenge to Paramount’s proposed acquisition of Warner Bros. Discovery.”
Cinemark CEO Sean Gamble signed the Cinema United note, as did Regal CEO Eduardo Acuna and chief executives of chains including Phoenix Theatres, B&B Theatres, Polson Theatres, Kinepolis Group, CineLux Theatres, Cineplex Entertainment and Marcus Theatres.
AMC Entertainment and Regal, the top two circuits, have supported David Ellison’s bid to buy WBD, a process that’s slowed considerably due to an antitrust lawsuit by a dozen state attorneys general. Bonta is leading the charge to block the deal.
A trial is set for March.
Yesterday, Paramount’s lawyers filed paperwork seeking a $1.88 billion bond from blue state AG plaintiffs and the WGA. That bond would help cover the $7 million-a-day ticking fee that Paramount Skydance is obliged to pay to WBD shareholders starting in a few weeks, plus other costs baked into the agreement.
Cinema United’s note:
Dear Attorney General Bonta and Mr. Ellison,
We are writing to you in our capacity as the leadership of Cinema United, the world’s largest trade organization representing the global theatrical exhibition business. We write to encourage you both to meet in the immediate future and discuss all possible avenues for resolving the state of California’s pending challenge to Paramount’s proposed acquisition of Warner Bros. Discovery.
Theatrical exhibition is a Main Street industry. A night at the cinema not only benefits the movie studios and theatre owners, but it also benefits nearby restaurants, coffee shops, bars and shopping frequented by moviegoers. From family-owned independent theatres to vibrant mid-size circuits to the world’s largest theatre chains, Cinema United members are cultural and economic drivers in communities across this great nation. Our members have been partnering with Paramount and Warner Bros. for over a century to provide movie fans of all ages with the unparalleled experience of a movie on the big screen. We look forward to strengthening and growing that proud tradition for generations to come. Movie theatres are also undeniably a part of the fabric of this nation. In just the twelve states represented in the litigation we have 196 members doing business. The majority of those are independent or family-owned theatres: 130 operate fewer than ten screens; 90, with less than five screens; and 30 of those members operate single-screen theaters.
Our industry is familiar with the impact of legacy studio consolidation on moviegoers and exhibition, and those facts are well documented. As a result, all relevant parties understand the enduring value of the theatrical experience not only to our culture, but to the overall economy and the financial success of films themselves. At the same time, we have remained open to tangible and enforceable guardrails that can offer our industry some measure of certainty in the face of an evolving and otherwise challenging future. That is why we have engaged, in good faith, with both the coalition of State Attorneys General and Paramount.
As you both know, we believe any resolution of the current situation must ensure four core elements, which are essential to the long-term strength of the entertainment industry:
A long-term commitment to maintain or expand wide-release theatrical movie production that is supported by a meaningful period of theatrical exclusivity, fully marketed, and promoted in theatres of all sizes.
Provisions ensuring that the merger will not cause an increase in rental terms, so that theatre owners, and in turn, moviegoers, do not bear the brunt of the cost of this transaction, particularly independent theatres across the United States.
Enforceable safeguards to ensure broad access to films for moviegoers and theatres of all sizes that is not conditioned on requirements that impede theatre owners from making business decisions that are responsive to their communities’ preferences and the broader marketplace realities that many theatre owners face today.
And finally, continued access, under reasonable conditions and precedents, to the valuable and vast film catalogues of both Paramount and Warner Bros.
Today, our industry has the wind at its back. Studio partners are creating and distributing extraordinary films. Audiences across generations are responding with enthusiasm. Theatre owners are continuing to reinvest in their cinemas and build remarkable experiences for moviegoers. Movies are once again at the center of our shared culture. But none of that can be taken for granted. Global exhibition believes in a bold future for this industry, but reaching our full potential requires working together.For many in our industry, the current environment is marked by disruption and uncertainty. That is why we believe that it is incumbent upon both of you to meet in good faith to discuss a resolution that would provide robust protections and serve the entire industry. In fact, it is the next logical step. Our goal remains a resolution that puts this industry on a positive path to continued success, not just in the near-term, but for generations to come. As has been the case since the outset, we stand ready to assist in any way we can. However, we urge you both to take the steps necessary to explore a meaningful resolution of the current situation as soon as possible.