U.S. Code » Title 15 » Chapter CHAPTER 43— NEWSPAPER PRESERVATION

15 U.S.C. § 1802

Definitions

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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.(Pub. L. 91–353, § 3, July 24, 1970, 84 Stat. 466.)Editorial NotesReferences in Text

The Federal Trade Commission Act, referred to in par. (1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 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.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1972–2025 · leading case: Michigan Citizens for an Indep. Press v. Richard Thornburgh, United States Attorney Gen., 868 F.2d 1285 (D.C. Cir. 1989).
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Michigan Citizens for an Indep. Press v. Richard Thornburgh, United States Attorney Gen., 868 F.2d 1285 (D.C. Cir. 1989). · cites it 3× “” 15 U.S.C. § 1802 (5). The first joint newspaper operating arrangement was started by three newspapers in Albuquerque, New Mexico in 1933, and by 1966 there were twenty-two JOAs in effect.”
Salt Lake Tribune Publ'g Co. v. AT & T Corp., 320 F.3d 1081 (10th Cir. 2003). “See 15 U.S.C. § 1802 (2) (requiring that there be “no merger, combination, or amalgamation of editorial or reportorial staffs, and that editorial policies be independently determined” in order for a JOA to qualify for the antitrust exemption).”
Comm. for an Indep. P-I v. Hearst Corp., 704 F.2d 467 (9th Cir. 1983). · cites it 5× “The Attorney General is required to make two findings as a condition to approving a JOA under the Act: first, one of the newspapers must be “failing,” defined as a “publication which, regardless of its ownership or affiliations, is in probable danger of financial failure,” 15…”
The Newspaper Guild v. Edward H. Levi, Attorney Gen., 539 F.2d 755 (D.C. Cir. 1976). · cites it 3× “15 U.S.C. § 1802 (5) (1970). . The House Committee bill also limited the section 4(a) exemption for existing joint operating arrangements by requiring terms of a renewal or amendment to be filed with the Department of Justice.”
15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985). “Newspaper Preservation Act, 15 U.S.C.A. § 1802 (4) (1982). Petroleum Marketing Practices Act, 15 U.”
Newspaper Guild v. Saxbe, 381 F. Supp. 48 (D.D.C. 1974). · cites it 6× “15 U.S.C. § 1802 (2). [2] A failing newspaper is one which "is in probable danger of financial failure.”
Long v. JP Morgan Chase Bank, Nat'l Ass'n, 848 F. Supp. 2d 1166 (D. Haw. 2012). “” Count 1 fails to state a claim because the federal statute Plaintiff cites, 15 U.S.C. § 1802 et seq., is inapplicable — it is found in the chapter of the United States Code governing newspaper preservation.”
Newspaper Printing Corp. v. Nat'l Labor Relations Bd., 692 F.2d 615 (6th Cir. 1982). “§ 1803 , and each newspaper must maintain separate editorial and reportorial departments, 15 U.S.C. § 1802 (2). Under the Newspaper Preservation Act, petitioner Newspaper Printing Corporation provides the combined production, advertising and distribution facilities for the…”
Comm. for an Indep. P-I v. Smith, 549 F. Supp. 985 (W.D. Wash. 1982). · cites it 2× “” 15 U.S.C. § 1802 (2). A JOA allows the elimination, therefore, of commercial competition between the newspapers.”
Am.'s Best Cinema Corp. v. Fort Wayne Newspapers, Inc., 347 F. Supp. 328 (N.D. Ind. 1972). “15 U.S.C. § 1802 . Under Count II of their complaint, plaintiffs allege that defendants have monopolized trade in violation of section two of the Sherman Act, 15 U.”
United States v. Daily Gazette Co., 567 F. Supp. 2d 859 (S.D.W. Va 2008). · cites it 3× “” 15 U.S.C. § 1802 (5). The statute also includes what Congress meant to be a less strict standard for JOAs already existing in 1970.”
Wick v. Tucson Newspaper, Inc., 598 F. Supp. 1155 (D. Ariz. 1985). · cites it 6× “The Court further finds that the Tucson Daily Citizen and Arizona Daily Star are both “newspaper publications” as that term is defined in 15 U.S.C. § 1802 (4). The Court further finds that TNI is a “joint newspaper operating arrangement” between the Arizona Daily Star and Tucson…”
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