[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Notices]
[Pages 43183-43184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21235]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Proposed Modification of Consent Judgment

    Notice is hereby given that plaintiff the United States of America 
(``United States'') has filed with the United States District Court for 
the Southern District of New York a motion to modify the Consent 
Judgment (Foreign) in United States v. American Society of Composers, 
Authors, and Publishers (ASCAP), Civ. Action No. 42-245. ASCAP consents 
to modification of the Consent Judgment. The United States has reserved 
the right to withdraw its consent based on public comments.
    The Complaint in this case (filed on June 23, 1947) alleged that 
ASCAP through its membership in the International Confederation of 
Societies of Composers and Authors (CISAC) and various cross-licensing 
agreements with foreign performing rights societies: (1) Unreasonably 
restrained foreign and interstate trade in musical performing rights; 
(2) attempted to and established monopolies for ASCAP and other foreign 
societies; (3) denied other musical performing rights societies access 
to repertories, thereby impairing their ability to compete; (4) 
retarded the introduction of foreign musical compositions in the United 
States; and (5) hampered the international exchange of music and 
culture. The United States alleged ASCAP's conduct violated Sections 1 
and 2 of the Sherman Act, 15 U.S.C. 1 and 2.
    The Consent Judgment, entered on March 14, 1950, prohibited ASCAP 
from being a CISAC member and required ASCAP to terminate twenty-four 
cross-licensing agreements with foreign performing rights societies. 
The Consent Judgment also established provisions governing the terms 
under which ASCAP could enter into cross-licensing agreements with 
foreign performing rights societies. The United States proposes that 
these provisions be eliminated because they are no longer necessary to 
protect competition. The

[[Page 43184]]

United States also proposes that the Consent Judgment be amended to 
permit ASCAP to collect home taping royalties collected by foreign 
performing rights societies on behalf of ASCAP members. The proposed 
modifications have no effect on other provisions of the Consent 
Judgment, which will remain in effect: (1) Requiring ASCAP to hold 
musical performing rights on a non-exclusive basis; and, (2) 
prohibiting ASCAP from interfering with an ASCAP member's right to 
license directly.
    The United States has filed with the Court a memorandum setting 
forth the reasons why it believes that modification of the Consent 
Judgment serves the public interest. Copies of the United States' 
application to Modify the Consent Judgment, Memorandum in Support, 
Stipulation and Order, and proposed Order Modifying the Consent 
Judgment, and all further papers filed with the Court in connection 
with this motion will be available for inspection at Room 200, 
Antitrust Division, Department of Justice, 325 Seventh Street, NW., 
Washington DC 20530, (202.514.2481), and at the Office of the Clerk of 
the United States District Court for the Southern District of New York, 
300 Quarropas Street, White Plains, New York 10601-4150. Copies of any 
of these materials may be obtained from the Antitrust Division upon 
request and payment of the copying fee set by Department of Justice 
regulations.
    Interested persons may submit comments regarding the proposed 
modification of the consent judgment to the Department of Justice, 
Antitrust Division. Such comments must be received by the Division 
within sixty (60) days and will be filed with the court. Comments 
should be addressed to Mary Jean Moltenbrey, Antitrust Division, 
Department of Justice, 325 Seventh Street, NW., Room 300, Washington, 
DC 20530 (202.616.5935).
Rebecca P. Dick,
Deputy Director of Operations.
[FR Doc. 97-21235 Filed 8-11-97; 8:45 am]
BILLING CODE 4410-11-M