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15 USC CHAPTER 43 - NEWSPAPER PRESERVATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 43 - NEWSPAPER PRESERVATION

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CHAPTER 43 - NEWSPAPER PRESERVATION

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Sec.

1801. Congressional declaration of policy.

1802. Definitions.

1803. Antitrust exemptions.

(a) Joint operating arrangements entered into prior

to July 24, 1970.

(b) Written consent for future joint operating

arrangements.

(c) Predatory practices not exempt.

1804. Reinstatement of joint operating arrangements previously

adjudged unlawful under antitrust laws.

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15 USC Sec. 1801 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 43 - NEWSPAPER PRESERVATION

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Sec. 1801. Congressional declaration of policy

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In the public interest of maintaining a newspaper press

editorially and reportorially independent and competitive in all

parts of the United States, it is hereby declared to be the public

policy of the United States to preserve the publication of

newspapers in any city, community, or metropolitan area where a

joint operating arrangement has been heretofore entered into

because of economic distress or is hereafter effected in accordance

with the provisions of this chapter.

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(Pub. L. 91-353, Sec. 2, July 24, 1970, 84 Stat. 466.)

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SHORT TITLE

Section 1 of Pub. L. 91-353 provided that: ''This Act (enacting

this chapter) may be cited as the 'Newspaper Preservation Act'.''

SEPARABILITY

Section 6 of Pub. L. 91-353 provided that: ''If any provision of

this Act (enacting this chapter) is declared unconstitutional, or

the applicability thereof to any person or circumstance is held

invalid, the validity of the remainder of this Act, and the

applicability of such provision to any other person or

circumstance, shall not be affected thereby.''

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15 USC Sec. 1802 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 43 - NEWSPAPER PRESERVATION

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Sec. 1802. Definitions

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As used in this chapter -

(1) The term ''antitrust law'' means the Federal Trade

Commission Act (15 U.S.C. 41 et seq.) and each statute defined by

section 4 thereof (15 U.S.C. 44) as ''Antitrust Acts'' and all

amendments to such Act and such statutes and any other Acts in

pari materia.

(2) The term ''joint newspaper operating arrangement'' means

any contract, agreement, joint venture (whether or not

incorporated), or other arrangement entered into by two or more

newspaper owners for the publication of two or more newspaper

publications, pursuant to which joint or common production

facilities are established or operated and joint or unified

action is taken or agreed to be taken with respect to any one or

more of the following: printing; time, method, and field of

publication; allocation of production facilities; distribution;

advertising solicitation; circulation solicitation; business

department; establishment of advertising rates; establishment of

circulation rates and revenue distribution: Provided, That there

is no merger, combination, or amalgamation of editorial or

reportorial staffs, and that editorial policies be independently

determined.

(3) The term ''newspaper owner'' means any person who owns or

controls directly, or indirectly through separate or subsidiary

corporations, one or more newspaper publications.

(4) The term ''newspaper publication'' means a publication

produced on newsprint paper which is published in one or more

issues weekly (including as one publication any daily newspaper

and any Sunday newspaper published by the same owner in the same

city, community, or metropolitan area), and in which a

substantial portion of the content is devoted to the

dissemination of news and editorial opinion.

(5) The term ''failing newspaper'' means a newspaper

publication which, regardless of its ownership or affiliations,

is in probable danger of financial failure.

(6) The term ''person'' means any individual, and any

partnership, corporation, association, or other legal entity

existing under or authorized by the law of the United States, any

State or possession of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or any foreign

country.

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(Pub. L. 91-353, Sec. 3, July 24, 1970, 84 Stat. 466.)

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REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in par. (1), is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

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15 USC Sec. 1803 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 43 - NEWSPAPER PRESERVATION

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Sec. 1803. Antitrust exemptions

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(a) Joint operating arrangements entered into prior to July 24,

1970

It shall not be unlawful under any antitrust law for any person

to perform, enforce, renew, or amend any joint newspaper operating

arrangement entered into prior to July 24, 1970, if at the time at

which such arrangement was first entered into, regardless of

ownership or affiliations, not more than one of the newspaper

publications involved in the performance of such arrangement was

likely to remain or become a financially sound publication:

Provided, That the terms of a renewal or amendment to a joint

operating arrangement must be filed with the Department of Justice

and that the amendment does not add a newspaper publication or

newspaper publications to such arrangement.

(b) Written consent for future joint operating arrangements

It shall be unlawful for any person to enter into, perform, or

enforce a joint operating arrangement, not already in effect,

except with the prior written consent of the Attorney General of

the United States. Prior to granting such approval, the Attorney

General shall determine that not more than one of the newspaper

publications involved in the arrangement is a publication other

than a failing newspaper, and that approval of such arrangement

would effectuate the policy and purpose of this chapter.

(c) Predatory practices not exempt

Nothing contained in the chapter shall be construed to exempt

from any antitrust law any predatory pricing, any predatory

practice, or any other conduct in the otherwise lawful operations

of a joint newspaper operating arrangement which would be unlawful

under any antitrust law if engaged in by a single entity. Except

as provided in this chapter, no joint newspaper operating

arrangement or any party thereto shall be exempt from any antitrust

law.

-SOURCE-

(Pub. L. 91-353, Sec. 4, July 24, 1970, 84 Stat. 467.)

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REFERENCES IN TEXT

Any antitrust law, referred to in subsecs. (a) and (c), are the

antitrust laws defined in section 1802 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1804 of this title.

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15 USC Sec. 1804 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 43 - NEWSPAPER PRESERVATION

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Sec. 1804. Reinstatement of joint operating arrangements previously

adjudged unlawful under antitrust laws

-STATUTE-

(a) Notwithstanding any final judgment rendered in any action

brought by the United States under which a joint operating

arrangement has been held to be unlawful under any antitrust law,

any party to such final judgment may reinstitute said joint

newspaper operating arrangement to the extent permissible under

section 1803(a) of this title.

(b) The provisions of section 1803 of this title shall apply to

the determination of any civil or criminal action pending in any

district court of the United State (FOOTNOTE 1) on July 24, 1970,

in which it is alleged that any such joint operating agreement is

unlawful under any antitrust law.

(FOOTNOTE 1) So in original. Probably should be ''States''.

-SOURCE-

(Pub. L. 91-353, Sec. 5, July 24, 1970, 84 Stat. 467.)

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REFERENCES IN TEXT

Any antitrust law, referred to in subsecs. (a) and (b), are the

antitrust laws defined in section 1802 of this title.

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