Is Disney becoming a monopoly?

Part
01
of three
Part
01

Is Disney becoming a monopoly?

Key Takeaways

  • In 2019, Disney accounted for 33.1% of the US box office market while its subsidiary 20th Century Fox accounted for 4.9%. Thus, in total, the company accounted for almost 40% of the country’s box office market.
  • Following a series of acquisitions over the years, Disney’s portfolio now includes companies such as Piper, ABC, ESPN, Touchstone Pictures, Vice Media, Hollywood Records, and more recently 20th Century Fox, among many others. As a result, Disney now controls approximately “40% of the domestic theatrical box office, two powerful streaming forces in the upcoming Disney+ and Hulu, and seems to own practically every valuable piece of intellectual property under the sun,” according to the Observer.
  • Because of all these acquisitions, there are now concerns that the company is on its way to becoming a monopoly. For instance, Peter Bradshaw, a writer and film critic at the Guardian, described the Disney/Fox merger as a “cartoon-like demonstration of alpha-capitalism that will lead to stricter, safer and blander entertainment.” Bradshaw further wrote that with each acquisition, the stakes will keep getting higher.

Introduction

The Walt Disney Company had a global revenue of $67.4 billion in 2021 and the Americas accounted for the largest share ($54.16 billion). As the company continues to acquire more brands and increasing its market share, there are concerns it will become a monopoly soon. This report provides an overview of whether Disney is on its way to becoming a monopoly in the media and entertainment industry.

Disney's Market Share

  • Over the years, Disney’s market share has been consistently going up. According to CNBC, the company accounted for only 10.5% of the U.S. box office in 2008, but the figure has more than doubled over the last decade.
  • In 2019, the company accounted for 33.1% of the US box office market while its subsidiary 20th Century Fox accounted for 4.9%. Thus, in total, Disney accounted for almost 40% of the country’s box office market.
  • Statista also reported that Disney accounted for approximately 25.5% of box office revenue in both the US and Canada in 2021, an increase from 11.5% in 2020. The figure includes releases from its “subsidiary studios such as Disney Animation, 20th Century, and Searchlight Pictures.”

Is Disney becoming a Monopoly?

  • As mentioned above, Disney’s market share in the US has more than doubled over the last decade, and this is becoming a big concern in the entertainment industry. After a downward market share trend through the 2000s, Disney started to acquire its competition. The company acquired Marvel Studios in 2009 and Lucasfilm in 2012 among many other brands and since then, its market share has been steadily rising.
  • The company’s portfolio now includes companies such as Pixar, ABC, ESPN, Touchstone Pictures, Vice Media, Hollywood Records, and more recently 20th Century Fox, among many others. As a result, Disney now controls approximately “40% of the domestic theatrical box office, two powerful streaming forces in the upcoming Disney+ and Hulu, and seems to own practically every valuable piece of intellectual property under the sun,” according to the Observer.
  • Because of all these acquisitions, there are now concerns that Disney is on its way to becoming a monopoly. For instance, Peter Bradshaw, a writer and film critic at the Guardian, described the Disney/Fox merger as a “cartoon-like demonstration of alpha-capitalism that will lead to stricter, safer and blander entertainment.” Bradshaw further wrote that with each acquisition, the stakes will keep getting higher.
  • However, other sources such as the Observer believe that even though it is clear that Disney is trying to emulate Netflix’s monopolistic grasp of the entertainment industry, and its acquiring streak may not be ideal in the long run, it is still far from becoming a monopoly.
  • Additionally, when asked if Disney is becoming too big and too powerful, Lion King’s director Jon Favreau said, “Disney is finding themselves in a position where they have to be competitive with companies that are playing by a different set of rules in the financial space because they’re tech companies and growth companies.”

Negative Consequences of Disney Monopolizing

  • Exploitative pressure on theaters: As theaters rely on a few films from the same companies in order to survive in the industry, those companies gain leverage and try to control the theaters. For instance, when negotiating the rights to show Star Wars: The Last Jedi with theaters, Disney gave them “a set of top-secret terms that numerous theater owners say are the most onerous they have ever seen.”

Research Strategy

For this research on whether Disney is becoming a monopoly, we leveraged the most reputable sources of information that were available in the public domain, including CNBC, Statista, and Billboard, among others.
Part
02
of three
Part
02

How much lobbying power does Disney have?

Key Takeaways

  • Disney’s federal lobbying efforts are considered to be “so effective that the United States changed its copyright law twice.” When it first started lobbying, the company's efforts influenced the US government to pass the Copyright Protection Act of 1976, an act that extended copyright protections. It later focused on influencing Congress to pass the Copyright Term Extension Act of 1998. This act was nicknamed the “Mickey Mouse Protection Act.”
  • For over half a century, the Walt Disney Company has enjoyed immense legal privileges in Florida. The Reedy Creek Improvement Act, which was passed in 1967, gave Disney the authority to govern itself within the state.
  • According to OpenSecrets, Disney's total federal lobbying expenditure stood at $4.2 million in 2020. The company sustained these efforts, slightly increasing its budget to $4.345 million in 2021.

Introduction

This research provides four insights into Disney’s lobbying and political power. Specifically, we have provided the following details: Disney's special privileges (status) in Florida; its lobbying strategy and spending; its influence on US laws; and the lack of transparency around the company's lobbying.

Special Privileges in Florida

Description

  • For over half a century, the Walt Disney Company has enjoyed immense legal privileges in Florida. The Reedy Creek Improvement Act, which was passed in 1967, gave Disney the authority to govern itself within the state.
  • Over the years, this act has authorized Disney to regulate its property and impose taxes on the land. The company can also use the revenue earned from these taxes to run its own government services. Florida Politics reveals that Disney has its own utilities and planning services, security services, and fire protection services.
  • Four of Disney's theme parks (Epcot, Magic Kingdom, MGM Studios, and Animal Kingdom) are considered to be part of the Reedy Creek Improvement District. Consequently, these theme parks have been privileged to operate more like a city and less like a company.
  • However, recent developments reveal that Disney is starting to lose some of its long-standing privileges in Florida. Ron DeSantis, the governor of Florida, recently "revoked Disney's special tax district privileges and [its] ability to self-govern."
  • In April 2022, the state's congress passed this bill and DeSantis signed it into law. It is the latest development in an ongoing tussle over Disney’s objection to Florida's “Don’t Say Gay” bill.

Supporting Data / Expert Quotes

  • Earlier this year, before the Reedy Creek Improvement Act was repealed, Chris Lyon — a seasoned lobbyist and attorney who handles special districts — had this to say about Disney: "Right now [Disney] can do almost anything a county or city can do, except do things like make arrests. All that would all come under review. Lawmakers could decide if they want to give them those powers moving forward."
  • Even after the act was repealed, experts have expressed confidence in Disney's ability to weather the storm easily. According to a seasoned business expert and professor, James O'Rourke: "This strikes me as a tempest in a teapot. This is not as big a deal as the governor's office or the legislature are making it out to be, and while this will cause Disney some financial heartburn, it is not crippling. It's not all that damaging.

Lobbying Strategy & Spending

Description

  • In each election cycle, the Walt Disney Company distributes campaign contributions worth tens of millions of dollars to local and state candidates in the United States. Disney flexes its political muscle by paying firms that are dedicated to pushing the company's agenda at the federal and state level.
  • Between 2020 and 2021, the company lobbied on more than a dozen issues. Many of these issues were related to intellectual property, copyright, and trade. This media and entertainment giant is significantly interested in extending its copyright protections.

Supporting Data / Expert Opinions

  • According to OpenSecrets, Disney's total federal lobbying expenditure stood at $4.2 million in 2020. The company sustained these efforts, slightly increasing its budget to $4.345 million in 2021.
  • Recently, most of its lobbying within the United States has been through one of its subsidiaries, Disney Worldwide Services. In 2021 and 2020, this subsidiary spent $1.3 million and $1.4 million respectively.

Influence on US Laws

Description

  • Disney's most significant influence on US legislation is evident in the nation's copyright laws. The company started its lobbying activities in the 1970s. At the time, its efforts influenced the US government to pass the Copyright Protection Act of 1976, an act that extended copyright protections.
  • It later focused on influencing Congress to pass the Copyright Term Extension Act of 1998. This act was nicknamed the “Mickey Mouse Protection Act.”
  • If these laws were not passed, Disney’s flagship character, Mickey Mouse, as well as the cartoon that introduced the character "would have entered the public domain in 1984." However, under the laws influenced by Disney through its lobbying efforts, the lifeline of Mickey Mouse was extended to 2003, and then to 2024.
  • At the state level, the company has exerted its highest legislative influence in Florida, enjoying immense legal privileges in the state for over half a century.
  • While several US laws have been passed in Disney's favor over the years, the company is currently receiving a lot of backlash from various state and federal lawmakers because it is opposed to the Parental Rights in Education Act.

Supporting Data / Quotes

  • Many Republican lawmakers have stated that they will not support an extension of Disney's copyright protections if the company eventually introduces a bill in that regard. For instance, Republican Congressman, Jim Banks, has denounced Disney. In a letter to Bob Chapek, Disney's chief executive, Banks stated: “Given Disney’s continued work with a Communist Chinese regime that does not respect human rights or U.S. intellectual property and given your desire to influence young children with sexual material inappropriate for their age, I will not support further extensions applicable to your copyrights, which should become public domain.”
  • However, some experts believe that Disney will continue to enjoy significant privileges from the US legislature. According to Winston Cho, a staff writer for The Hollywood Reporter: "The proposal brought by Hawley [which seeks to limit copyright protection to 56 years] is unlikely to pass given the Democratic majority in the Senate."

Lack of Transparency Around Disney’s Lobbying

Description

  • Over the years, Disney has not been fully disclosing its lobbying activities to the public. In a recent shareholder meeting, a motion was proposed to require Disney to disclose its lobbying spending and policies in its annual reports. However, most of the shareholders voted against this proposed motion.
  • This motion was only supported by votes that represent 32% of the company's shares. 63% were against the motion while less than 5% chose to abstain. Also, the company's "board of directors recommended a “no” vote for the motion."
  • The motion was triggered by an internal memo leak. In this memo, the company's CEO, Bob Chapek, had defended its "decision not to speak out against Florida’s “Don’t Say Gay” bill."

Supporting Data / Quotes

  • One proponent for lobbying activity disclosure said that Disney had spent $48 million in state and federal lobbying efforts; however, information on the specific politicians Disney has funded "can only be found in a scattered network of government public records databases, which can be difficult for the public to access and navigate."
  • According to the Orlando Sentinel, Disney had contributed to every co-sponsor and sponsor of the “Don’t Say Gay” bill. Orlando Sentinel further added that Disney's lobbying funds also went to "State Sen. Dennis Baxley, who has had a long history of supporting anti-LGBTQ legislation including a bill that would block gay couples from adopting children."

Research Strategy

For this research on Disney's lobbying power, the Wonder research team has leveraged the most reputable sources of information available in the public domain, including OpenSecrets, Fortune, The Hollywood Reporter, and Newsweek. Each insight was described and supported with quantitative data and/or quotes from political experts. Also, where applicable, we noted any specific laws or political events involved, and whether they were on the state or federal level.
Part
03
of three
Part
03

What is Disney’s economic impact on Florida and beyond?

Introduction

In 2021, Disney paid $1.64 billion in federal income taxes, $31.16 million in Florida state taxes, and $509.6 million in California state taxes. In contrast, Universal contributed $302 million in local and state taxes in Florida. Details of our findings have been provided below.

Disney's Economic Impact On Florida

  • Orlando's population has grown from just 300,000 residents before Disney to over 2 million residents in 2021.
  • According to the Orlando Business Journal, Disney resorts have the highest revenue and visitors in the Florida tourist market.
  • According to tax officials and legislators, Disney’s Reedy Creek Improvement District provides an estimated $1 billion worth of fire protection, emergency services, water, utilities, sewage, and infrastructure services in Orange and Osceola counties.
  • The tax collector for Orange County, Scott Randolph, stated that Disney generates an average of $105 million in local revenue and has paid $280 million in property taxes to Orange and Osceola counties from 2015-2020.
  • Disney's Reedy Creek Improvement District has $1.7 billion in liabilities that, if transferred to the state per the Florida bill that would dissolve Disney’s special improvement district, could cost Florida taxpayers $1,000 each. The district is currently under special legislature that directs taxes to the federal government while requiring Disney to cover the costs for all public services within the district.
  • In 2021, Disney's Florida state income taxes accounted for 1.9% of the company's total taxes paid amounting to $31.16 million; however, property taxes are not segmented by location.

Disney's Economic Impact On California

  • The Disney Resort alone accounted for $5.7 billion of the company's economic impact in the region.
  • In 2018, Disney generated 78,299 jobs in California with jobs in Orange county accounting for 3.6% of all jobs in the county.
  • Adrian Fleissig, professor of economics at Cal State Fullerton stated, "Some of the contributions of Disneyland Resort just don’t have a monetary value. There is the annual Children’s Hospital of Orange County fundraiser, mentoring programs and support given to low-income people and the homeless. And it’s impossible to value a sponsored trip to Disneyland for those with serious illnesses."

Universal Impact On Florida

Disney's Economic Impact On The United States

Research Strategy

For this research on Disney's economic impact, we leveraged the most reputable sources of information that were available in the public domain, including CNBC, Fullerton.EDU, Miami News, Macro Trends, and others.

Did this report spark your curiosity?

Sources
Sources

From Part 02
From Part 03