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U.S. Code as of:
01/19/04
Section 1803. Antitrust exemptions
(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.
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