-CITE-
    15 USC CHAPTER 43 - NEWSPAPER PRESERVATION                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 43 - NEWSPAPER PRESERVATION

-HEAD-
                    CHAPTER 43 - NEWSPAPER PRESERVATION                

-MISC1-
    Sec.                                                     
    1801.       Congressional declaration of policy.                  
    1802.       Definitions.                                          
    1803.       Antitrust exemptions.                                 
    1804.       Reinstatement of joint operating arrangements
                 previously adjudged unlawful under antitrust laws.   

-End-



-CITE-
    15 USC Sec. 1801                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 43 - NEWSPAPER PRESERVATION

-HEAD-
    Sec. 1801. Congressional declaration of policy

-STATUTE-
      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.

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


-MISC1-
                                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."

-End-



-CITE-
    15 USC Sec. 1802                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 43 - NEWSPAPER PRESERVATION

-HEAD-
    Sec. 1802. Definitions

-STATUTE-
      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.

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

-REFTEXT-
                            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.

-End-



-CITE-
    15 USC Sec. 1803                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 43 - NEWSPAPER PRESERVATION

-HEAD-
    Sec. 1803. Antitrust exemptions

-STATUTE-
    (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.)

-End-



-CITE-
    15 USC Sec. 1804                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 43 - NEWSPAPER PRESERVATION

-HEAD-
    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 (!1) on July 24, 1970, in which
    it is alleged that any such joint operating agreement is unlawful
    under any antitrust law.


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

-FOOTNOTE-
    (!1) So in original. Probably should be "States".


-End-