Evening star., 1945-06-19

az sll IL
JUSTICE STONE.
and ms, are now comparable to
AP lin size, scope Of coverage and
efficiency"
Additional agencies which fur
nish substantial news reporting
services in the Nation total be-
tween 20 and 80. Statistics con-
corning them are not included in
the record, but it is evident that
some, singly, furnish substantial
service, and all, taken together, af-
ford a broad coverage in competi-
ton with AP, UP and ms, widely
used in the newspaper world.
Their past growth. and their op-
portunity for expansion, contradict
the assumption that AP has un-
reasonably, or in substantial meas
ure, restrained free competition.
its success has stimulated
others to enter the field and to
compete with it.
The District Court found: ZAP
does not prevent or hinder nom
member newspapers from obtaining
access to domestic and foreign hap
penings and events" Newspaper
publishers differ as to the compare
tive value of AP and other services:
many choose one in preference to
the other; some have relinuuished
on0service and acquired the other,
Vast newspaper enterprises have
grown up which depend on services
other than those furnished by AP.
These include metropolitan news
papers with circulations running
from 100000 to over a 1000 900.
Some which have not used AP re-
ports have outstripped competitors
who were members of AP.
Significant Facts.
The uncontradicted evidence and
the findings Of the District Court
amongst others, the fol-
lowing significant facts: In l942
the total expenditures of AP and
It's subsidiaries were S12.9S6 .OO0
those OF UP and its affiliates, S8,628,-
200 and those of ms and its af-
flliates $9,434,0
Thus, two competitors, found by
the court below to be in everv wav
comparable with AP, together ex-
pended over $5,000,O0O more in that
year than AP. In the same year
AP had 1,247 domestic and five
foreign members. UP had e8l do
nestle and 39l foreign subscribers
10 Its services, and ms, in 1941. 338
domestic newspaper subscribers and
'hree such foreign subscribers.
Here again the total subscribers
u It's two most substantial competi-
ors outnumbered APPS membership
n both the domestic and the for
'ign field. In the matter of supply
ng features, news pictures and
aews to radio stations, UP and ms
would each appear to have at least
Is many users as AP, although the
proofs and the findings do not az
lord an accurate measure Of com.
parison.
Many OF the other agencies, as
Wen as UP and ms. make con-
tracts With their subscribers for
the exclusive use of their material
N the subscribers area and field
Both UP and ms make what are
known as asset value" contracts
with their subscribers, under the
terms OF which any newspaper in
the same area and field must nav
10 the existing subscriber the asset
value OF that subscribers contract
IN order to obtain the service.
Thus all these agencies recognize
mat the exclusive right to publish
the news furnished their members
or subscribers is valuable. Neither a 6
respects Ap, nor any of the other
agencies, is there a finding or evi-
aence that such provisions work
any hlndrance or restraint of COM
petition as between agencies or
newspapers.
Newspaper Competition.
AS respects competition between
newspapers which are members Of
AP and others, it is found that
newspapers Of large eircula ton in
large municipalities, as well as
nose OF medium and small circula-
lion, have thrven and grown with
out AP service. The court below
SAID: Upon this motion we must
AXE 1t as in dispute whether the
general opinion of the calling is
mat the service of UP is better
nan that of AP, or vice versa"
Newspapers have given IN Ap
service for that of competitors
Many, in varying localities and
aeids, not only belong to Ap but
oatronize one or more of the Other
services, including UP and ms
Some of the largest and most now
,riul newspapers in the Nation have
srown to be such without AP sery-
ce; not an instance is cited where
proposed newspaper was unable
% start, or has been compelled tn
suspend, publication for lack of II
The record contradicts the asser-
lion IN the courts opinion that the
proof demonstrates 1.-The net effect
IS seriously to limit the opportunitv
u any new paper to enter these
,ities.' No finding in these terms
was made by the District Court
A great bulk of the material ten.
aered by the defendants runs com.
.er to the conclusion and certainlv
In a summary Judgment proceeding
20 oraw such a conclusion from the
averments pro and con of the
pieadlngs and afndavits, is to TO-
more what this court has said is ner.
mlsslole IN such a proceeding.
Inc court below has found that
at the present time, access tn
tne news reports Of one or more
OF AP, UP or ms is essential tn
the successful conduct of any sub
stantial newspaper serving the rem
eral reading public" It is true Also
that the District Court found. re-
ferring to these three agencies. that
"of the three news agencies
AP ranks in the forefront in pub
lic reputation and esteem" what
ever this may mean.
II 1t means that it is thought
the best Of the three, this would
not seem to advance the argument.
II it means that AP is the largest
OF the three In eXpenditllres this