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Redbox Legal Battle: Fox Fires Back

Not long after Redbox’s most recent filing in its fight against the Hollywood Three comes Fox’s latest salvo. In a court filing dated February 4, 20th Century Fox Home Entertainment claims that Redbox has failed to prove that Fox violated antitrust laws by instructing its distributors to put in place a 28-day new release embargo. Fox also asserts that Redbox has been unable to prove that the studio and retailers entered an agreement to limit sales of new titles, and requested oral arguments for its motion to dismiss the case. Here’s an excerpt from Fox’s filing:

“Redbox’s pleadings show that Fox and Redbox negotiated over Redbox’s direct procurement of newly released Fox DVDs but did not agree on price. . . Without any agreement, Fox had every right to change its distribution policy to stop all sales of Fox DVDs to Redbox.”

Fox also uses Redbox’s continued growth in the face of determined studio opposition as a refutation of Redbox’s allegations of anticompetetive activities. Says Fox:

“A company experiencing explosive growth in the face of alleged ‘anticompetitive’ conduct cannot plausibly allege injury. . . A company alleging a concerted ‘boycott’ cannot plausibly allege injury where it claims elsewhere that the boycott is ineffective.
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And a company that admits it competes with a host of other forms of entertainment cannot plausibly allege a market limited to individual new-release DVDs.”

It’s ugly and getting uglier, Insiders, and Fox is obviously not going to conced any ground willingly. What do you think will come of this latest filing? What effects, positive or negative, will Redbox’s pending Q4 financials have on this case?
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(via Home Media Magazine)

7 Responses to “Redbox Legal Battle: Fox Fires Back”

  1. Member [Join Now]
    Carson [carson]

    Fox can lick balls….
    To all my fellow cheapasses:
    Since Redbox is slacking in the free codes….I found some free codes for the Blockbuster Express Kiosks
    Find a BB kiosk at

    W212A1 – works today (I confirmed) and supposedly next Wednesday only
    GA12A2 – supposedly works until 2/19 but I haven’t tried it yet
    GT9SA – supposedly works until 2/28 but I haven’t tried it yet

    Don’t worry Redbox, you’ll always be my number one…

    • Visitor [Join Now]
      tuna [visitor]

      We just got our first bluebox in Fresno but its on the other side of Clovis ,calif. Too far for me to drive just to get rentals for now I will stick to redbox now we have in Fresno movie cube , DVD play, red box and bb blue box what a great town

    • Member [Join Now]

      I live in San Antonio, TX. Which is like the 7th largest city in the U.S. and we don’t even have one closest one is near Canyon Lake. Yet they seem to have them in all these small cities it looks like.

  2. Member [Join Now]

    What is wrong with Redbox as of late. No new codes?

  3. Member [Join Now]
    MovieWatcherSupreme [moviewatchersupreme]

    Code Shortage, what could it be?
    Aw Crap! They are on to us! RUN, every man for himself!
    LOL, probably there will be some that pop up with the upcoming holiday. Some of my friends and I are currently investigating the Redbox OS software. Don’t cross your fingers though. A large portion of the system is a slave online master servers. We probably won’t be able to create codes but we may be able to find existing ones that have not posted yet.
    When it comes to fox someone probably just screwed up some paperwork awhile back and now they are fighting over it.