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15 U.S.C. § 1803Antitrust exemptions

submitted 56 years ago by Pub. L. 91-353 to r/title-15-COMMERCE-AND-TRADE · 289 words · no verdicts yet

in plain englishAI-generated · not legal advice

The section protects certain newspaper joint operating arrangements from antitrust liability and requires advance Attorney General approval for new arrangements. It does not protect predatory or otherwise unlawful conduct.

(a) A person may perform, enforce, renew, or amend a joint newspaper operating arrangement entered into before July 24, 1970 without violating an antitrust law if, when first entered, no more than one involved newspaper was likely to remain or become financially sound, regardless of ownership or affiliation. Renewal or amendment terms must be filed with the Department of Justice, and the amendment may not add a newspaper. (b) A person may not enter into, perform, or enforce a joint operating arrangement not already in effect unless the Attorney General gives prior written consent. Before approving it, the Attorney General must find that no more than one involved newspaper is not a failing newspaper and that approval would carry out this chapter’s policy and purpose. (c) Nothing here exempts predatory pricing, predatory practices, or other conduct in otherwise lawful joint-operation activities that would violate antitrust law if a single entity did it. Unless this chapter provides otherwise, no arrangement or party is exempt from antitrust law.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (Pub. L. 91–353, § 4, July 24, 1970, 84 Stat. 467.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-353 · 84 Stat. 467

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-353 on 1970-07-24.

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