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

15 U.S.C. § 1803

Antitrust exemptions

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(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.

(Pub. L. 91–353, § 4, July 24, 1970, 84 Stat. 467.)
Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1972–2025 · leading case: Hearst Commc'ns, Inc. v. Seattle Times Co., 154 Wash. 2d 493 (Wash. 2005).
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Hearst Commc'ns, Inc. v. Seattle Times Co., 154 Wash. 2d 493 (Wash. 2005). · cites it 4× “15 U.S.C. § 1803 (b). History op the Times-Hearst Joint Operating Agreement ¶5 Founded in the 1890s, the Seattle Times and the Seattle P-I have been the only metropolitan daily newspapers in Seattle for some time.”
Hearst Commc'ns v. Seattle Times Co., 115 P.3d 262 (Wash. 2005). · cites it 3× “" 15 U.S.C. § 1803 (b). The attorney general found that the Seattle P-I was such a newspaper and approved the JOA, a decision that was upheld in federal court.”
Michigan Citizens for an Indep. Press v. Richard Thornburgh, United States Attorney Gen., 868 F.2d 1285 (D.C. Cir. 1989). · cites it 2× “15 U.S.C. § 1803 (b). 4 A “failing newspaper” is defined as “a newspaper publication which, regardless of its ownership or affiliations, is in probable danger of financial failure.”
News+media Capital Grp. LLC Vs. Las Vegas Sun, Inc., 2021 NV 45 (Nev. 2021). · cites it 2× “15 U.S.C. § 1803 (b). This furthers the public interest in an "editorially and reportorially independent" press, id.”
Newspaper Guild v. Saxbe, 381 F. Supp. 48 (D.D.C. 1974). · cites it 6× “15 U.S.C. § 1803 (a). As to joint operating arrangements not previously in existence, however, Congress enacted section 4(b), which, on its face, makes it per se unlawful for any new arrangement to be put into effect without the prior consent of the Attorney General.”
Newspaper Printing Corp. v. Nat'l Labor Relations Bd., 692 F.2d 615 (6th Cir. 1982). “To obtain the antitrust exemption, the newspapers must have the approval of the Attorney General of the United States, 15 U.S.C. § 1803 , and each newspaper must maintain separate editorial and reportorial departments, 15 U.”
Comm. for an Indep. P-I v. Smith, 549 F. Supp. 985 (W.D. Wash. 1982). · cites it 3× “” 15 U.S.C. § 1803 (b), 1802(5). 1 The Attorney General must also find that approval of the arrangement would effectuate the policy and purpose of the Act.”
The Newspaper Guild v. Edward H. Levi, Attorney Gen., 539 F.2d 755 (D.C. Cir. 1976). · cites it 2× “” 15 U.S.C. § 1803 (b) (1970); see id. § 1802(5) (definition of failing newspaper).”
Hawaii Newspaper Agency v. Bronster, 103 F.3d 742 (9th Cir. 1996). · cites it 4× “15 U.S.C. § 1803 (a). Section 1803(a) shields joint operating agreements existing prior to July 24, 1970, “if at the time at which such arrangement was first entered into .”
Hearst Commc'ns, Inc. v. Seattle Times Co., 120 Wash. App. 784 (Wash. Ct. App. 2004). · cites it 2× “15 U.S.C. § 1803 (b) (1970). Comm. for an Indep.”
Comm. for an Indep. P-I v. Hearst Corp., 704 F.2d 467 (9th Cir. 1983). · cites it 2× “15 U.S.C. § 1803 (b). Pursuant to Department of Justice regulation, the Attorney General is to refer the JOA application to the Assistant.”
Reilly v. Hearst Corp., 107 F. Supp. 2d 1192 (N.D. Cal. 2000). · cites it 2× “” 15 USC § 1803 (a). The original bill provided this expansive protection across the board, but legislative compromise resulted in a slimmer exemption for future JOA participants.”
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— 15 U.S.C. § 1803(b) — 2 cases
News+media Capital Grp. LLC Vs. Las Vegas Sun, Inc., 2021 NV 45 (Nev. 2021). “15 U.S.C. § 1803 (b). This furthers the public interest in an "editorially and reportorially independent" press, id.”
Newspaper Guild v. Saxbe, 381 F. Supp. 48 (D.D.C. 1974). “15 U.S.C. § 1803 (a). As to joint operating arrangements not previously in existence, however, Congress enacted section 4(b), which, on its face, makes it per se unlawful for any new arrangement to be put into effect without the prior consent of the Attorney General.”
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