The Newspaper Preservation Act of 1970 was an Act of the United States Congress, signed by President Richard Nixon, authorizing the formation of joint operating agreements among competing newspaper operations within the same market area. However, mounting evidence suggests the passage of the Act was less about protecting editorial diversity within community newspaper markets than about inflating the profit margins of national newspaper chains. The purpose of a joint operating agreement (JOA) is to protect a business from failure, yet prevent monopolization within an industry by allowing each party to retain some form of separate operation. § 1802 et seq.) [3] Note that many of the papers listed in the sections below have the same few ownership groups. Last week's decision by U.S. Attorney General Edwin Meese III to permit a joint newspaper operating agreement in Detroit, Mich., has again focused attention on this practice in our industry. Its decision narrowed the scope of the failing-company defense. The Deseret News will also have a monthly magazine. In the newspaper business, JOAs are used so that a failing newspaper can be paired with a parent newspaper and still retain separate editorial and reporting functions. Agreements, and newspapers, have died in places like St. Louis. In 1965 the Justice Department questioned the legality of JOAs by issuing charges of antitrust violations to two publishers of daily newspapers operated under a JOA in Tucson, Arizona. Painter, William S. 1993. in 1970. It has been used for a long time in many parts of the world to transfer interests in land and resources from one party to the other. Both papers will offer a weekly print publication. Arrangements similar to this allowed most medium-sized United States cities to have two daily newspapers until fairly recently. JOAs are used in the newspaper, health care , gas and oil, and other industries. “It is well-known that this is a challenging time for the print newspaper industry,” the court filing states. A few observers believe that approval of a so-called joint operating agreement (JOA) in Detroit could hasten similar truces in the other few remaining two-newspaper towns. One party is given responsibility for day-to-day operations, often charging back expenses to the other participants in the JOA. This fourth edition of the leading work on joint operating agreements (JOAs) provides a practical examination of the provisions of a typical JOA, with a particular focus on the critical issues of scope, the operator’s role, joint and exclusive operations, default, transfers and decommissioning. operating agreements ("JOAs"), which merge the operations and physical facilities of a "failing newspaper"6 with those of its competi- tor on the condition that the two newspapers maintain autonomous editorial and reportorial staffs.7 The Act grants participants inJOAs A joint entity to perform these functions was created, with equal representation on its board from both papers. It argued that the Sun doesn’t meet a “contractual obligation to produce a high-quality metropolitan print newspaper.” This exemption stemmed from the observation that the alternative is usually for at least one of the newspapers, generally the one published in the evening, to cease operations altogether. JOAs are used in the newspaper, health care, gas and oil, and other industries. Louisiana Law Review 53 (September). The Court set three strict conditions for claiming failing-company Immunity: (1) the failing company must be about to liquidate, and the JOA must be its last chance to survive; (2) the acquiring company must be the only available purchaser; and (3) reorganization prospects in Bankruptcy must be dim or nonexistent. University of Pennsylvania Law Review 138 (November). In Citizens Publishing Co. v. United States, 394 U.S. 131, 89 S. Ct. 927, 22 L. Ed. Their agreement became typical of the type—both papers were printed on the same presses at different times of day. The first joint operating agreement was between Albuquerque Tribune (then the New Mexico State Tribune) and the Albuquerque Journal in Albuquerque, New Mexico, signed on February 20, 1933. Classified advertising sales were consolidated, as were distribution agents. Newspaper transactions handled by Broadwater & Associates professionals. The federal legislation created carve outs in antitrust regulation to allow publications to share certain resources while maintaining separate and independent news gathering and editorial functions. The Chattanooga Times and the Chattanooga News-Free Press's joint operating agreement became the first to be terminated on August 27, 1966.[1][2]. All the parties share in the financial risks of the joint operation and gain the potential for an increased market presence and thus increased profits. 2d 148 (1969), even though the newspapers used the failing-company defense, the Supreme Court upheld findings of antitrust violations. JOAs have been questioned as providing a means of avoiding antitrust problems. joint operating agreement, the immediate result was consternation and confusion. The purpose of a joint operating agreement (JOA) is to protect a business from failure, yet prevent monopolization within an industry by allowing each party to retain some form of separate operation. The Salt Lake Tribune, which won the Pulitzer Prize for local reporting in 2017, is not cutting newsroom staff. Joint Operating Agreement: lt;p|>The |Newspaper Preservation Act| of 1970 was an Act of the |United States Congress|, signed... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. The two publications have a joint-operating agreement that will end later this year. Detroit Media Partnership is the result of a 100-year joint operating agreement between the Detroit Free Press and The Detroit News. American Law Institute–American Bar Association SB51 (February). The two publications have a joint-operating agreement that will end later this year. The Deseret News will also have a monthly magazine. In practice two daily newspapers published in the same city or geographic area combine business operations while maintaining separate—and competitive—news operations. The purpose of a joint operating agreement (JOA) is to protect a business from failure, yet prevent monopolization within an industry by allowing each party to retain some form of separate operation. Steel, Robbie. "Recent Legislation, Cases, and Other Developments Affecting Healthcare Providers and Integrated Delivery Systems." The number of joint operating agreements, as well as the number of evening-published daily newspapers, has declined considerably in recent years, due to the ongoing consolidation of the newspaper industry as a whole, and the decline in readership and interest in evening newspapers in particular, which many observers have attributed to television and the internet, of which the former seems to be magnified by the presence of several 24-hour-a-day news operations on cable television. In 1970 Congress passed the Newspaper Preservation Act, which granted antitrust exemption to joint operating agreements established by two daily newspapers that competed in the same geographic markets. It is the agreement that hands over and transfers a certain interest in a property to another person. The two publications' joint-operating agreement will also end at the end of the year. There have been 28 Joint Operating Agreements to date. The two publications have a joint-operating agreement that will end later this year. Wall, Guy E. 1992. [3] By quietly and informally taking on some behaviors of a cartel, large newspaper chains were able to sustain artificially high profits while driving independent newspapers out of business (or forcing them to sell their stake to a chain). Detroit College of Law Review 1990 (spring). Under the NPA the attorney general may grant limited exemption from antitrust laws by approving a JOA. Each news organization’s website operates outside the joint operating agreement. Fink, Mark H. 1990. 431 (1930), the Supreme Court created the "failing-company" defense, by which mergers that would ordinarily violate antitrust laws are permitted where one of the businesses faces certain failure if no other action is taken. There were some journalist layoffs at the Deseret News. The demise of the San Francisco agreement leaves 12 joint operating agreements from York, Pa., to Honolulu. 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