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Movie ticket price-dripping case should be dismissed: Cineplex

Competition Bureau says fees applied to some online movie tickets constitute price dripping
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A moviegoer steps into an auditorium at a Cineplex Movie Theatre in Toronto on Friday, July 16, 2021. THE CANADIAN PRESS/Chris Young

Cineplex Inc. says a case launched by the Competition Bureau against the theatre chain over movie ticket fees should be dismissed because itBԪַs based on a BԪַmischaracterization.BԪַ

The case launched by the competition watchdog in May is based on the premise that fees applied to some Cineplex movie tickets bought online constitute price dripping, a deceptive practice where customers are drawn into a purchase without full disclosure of the final cost.

The bureau has alleged that consumers canBԪַt buy tickets online at advertised prices because there is a mandatory $1.50 fee for booking online.

However, in a response filed with the Competition Tribunal on June 30, Toronto-based Cineplex said the bureauBԪַs claims are BԪַwithout meritBԪַ and should be thrown out with costs awarded to Cineplex.

BԪַCineplex denies each and every allegation in the application,BԪַ the company said.

BԪַCineplex denies any wrongdoing at all.BԪַ

CineplexBԪַs defence centres on its view that there is no price dripping in its purchase process because moviegoers are promptly told about fees they may face.

BԪַThere are no hidden fees or feeds that are added in the process from the very moment the customer clicks in the box indicating the show and type of ticket that the customer wishes to purchase,BԪַ Cineplex said in the filing.

Cineplex began charging the fees in question on June 15, 2022, as an online booking fee for certain advance ticket purchases. This meant anyone making their purchase at a theatre was not charged the fee.

Those who stuck to online purchases found the fees amounted to up to $1.50, but members of CineplexBԪַs CineClub subscription program saw the charges waived and anyone using a Scene+ card during the purchase process saw the fee dropped to $1.

Customers taking advantage of promotions such as buy one, get one free deals were also not charged the online booking fee.

BԪַImportantly, regardless of the purchase method, the prices are all attainable and the online booking fee is clearly not obligatory for the purchase of a ticket to see a movie,BԪַ Cineplex said in its filing.

The case comes as Cineplex has been working to recover from the COVID-19 pandemic, which saw its theatres forced to close in most provinces, putting pressure on revenues.

It was also facing a court battle from once-suitor Cineworld Group PLC, which backed out of a $2.18-billion deal to buy Cineplex in 2020, sparking a case predicated on whether Cineworld had the right to walk away.

An Ontario court ruled in CineplexBԪַs favour in December 2021, awarding the company $1.24 billion in damages, but Cineworld said it would appeal the judgment and Cineplex wanted to push for an even higher payout.

U.K.-based Cineworld has since entered into a restructuring agreement with some of its lenders and filed a proposed Chapter 11 plan of reorganization. Cineplex has said it does not expect to recover any material amount.

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