An Act to exempt from the antitrust laws certain combinations and arrangements necessary for the survival of failing newspapers
PL 91-353 (S.1520), enacted 07/24/1970

466 
PUBLIC LAW 91-353-JULY 24, 1970 
[84 STAT. 
Public Law 91-353 
July 24, 1970 
AN ACT 
[S. 1520] 
To exempt from the antitrust laws certain combinations and 
arrangements 
necessary for the survival of failing newspapers. 
Be it enacUd hy the Senate and House of RepreHentatives of the 
Newspaper 
United States o f America in ConqrenH anHembled. 
Preservation Act. 
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SECTION 1. This Act may be cited as the "Newspaper Preserva-
tion Act". 
DECLARATION OF POLICY 
SEC. 2. 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 Act. 
DEFINITIONS 
SEC. 3. As used in this Act— 
(1) The term "antitrust law" means the Federal Trade Commis-
38 Stat. 717. 
giou Act and each statute defined by section 4 thereof (15 U.S.C. 44) 
52 Stat. ii"i. 
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 op-
erated 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; distri-
bution ; advertising solicitation; circulation solicitation; business de-
partment; 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" mean any person who owns or 
controls directly, or indirectly through separate or subsidiary cor-
porations, one or more newspaper publications. 
(4) The term "newspaper publication" means a publication pro-
duced 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, com-
munity, 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 dan-
ger of financial failure. 
(6) The term "person" means any individual, and any partnership, 
corporation, association, or other legal entity existing under or au-
thorized 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. 
84 STAT. ] 
PUBLIC LAW 91-353-JULY 24, 1970 
467 
ANTITRUST EXEMPTION 
SEC. 4. (a) It shalj 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 the effective date of this 
Act, if at the time at which such arrangement was first entered into, 
regardless of ownership or affiliations, not more than one of the news-
paper publications involved in the performance of such arrangement 
w^as likely to remain or become a financially sound publication: Pro-
vided^ That the terms of a renewal or amendment to a joint operat-
ing arrangement must be filed with the Department of Justice and 
that the amendment does not add a newspaper publication or news-
paper publications to such arrangement. 
(b) 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 in-
volved in the arrangement is a publication other than a failing news-
paper, and that approval of such arrangement would effectuate the 
policy and purpose of this Act. 
(c) Nothing contained in the Act shall be construed to exempt 
from any antitrust law any predatory pricing, any predatory prac-
tice, 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 Act, no joint newspaper operating arrangement or any party 
thereto shall be exempt from any antitrust law. 
PREVIOUS TRANSACTIONS 
SEC. 5. (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 4(a) 
hereof. 
(b) The provisions of section 4 shall apply to the determination 
of any civil or criminal action pending in any district court of the 
United State on the date of enactment of this Act in which it is alleged 
that any such joint operating agreement is unlawful under any 
antitrust law. 
SEPARABILITY PROVISION 
SEC. 6. If any provision of this Act 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. 
Approved July 24, 1970.