Gazettes, Post Granted Summary Judgment in Anti-Trust Case

A U.S. district court issued an order in August granting summary judgment to Gazette Newspapers Inc. and its parent Washington Post Co. in an antitrust suit brought by several competing weekly newspapers. The competitors filed a motion for reconsideration on Aug. 22 and asked the court to unseal the record.

The suit was filed in February of last year by Berlyn Inc., parent company of the Montgomery and Prince George’s County Sentinels, and Kenneth C. Rossignol, publisher of St. Mary’s Today, after Gazette Newspapers bought 10 Maryland papers from Chesapeake Publishing.

The plaintiffs allege that the purchase violated federal and state antitrust laws and that Gazette Newspapers cut advertising rates to ruin the plaintiffs businesses. Also named in the suit was the Washington Suburban Press Network, which is partly owned by Gazette and allows advertisers to place ads in multiple publications.

U.S. District Court Judge Frederic Smalkin granted the summary judgment, saying the plaintiffs "failed to show that the defendants actions in this case were anti-competitive."

George Liebmann of Liebmann & Shively PA, which represents the plaintiffs, said the court sealed much of the record because the defendants asserted that it contained confidential business information. "We’re asking that the whole file be unsealed so that people like yourself can understand what’s in there," Liebmann said.

If the court doesn’t grant the plaintiff’s motion for reconsideration, Liebmann said they could decide to appeal.

"We think our position is a meritorious one," he said. "The Post [Co.] absorbed the only significant competing newspaper in these counties and obtained a market share that violated the Clayton Act."

– excerpted from Editor & Publisher

Celebrate Newspapers October 6-12

This year, National Newspaper Week, sponsored since 1940 by the Newspaper Association Managers, is October 6 – 12 and the theme is "Unfold Your Future."

MDDC has purchased the NNW week materials for use by its members. Materials are available online through the MDDC Web site, www.mddcpress.com. Follow the link on the home page to the National Newspaper Week Web site.

You will find the National Newspaper Week logo, suggested things to do during the week, the "Do’s and Dont’s of Public Notice," and several ads promoting newspapers. Additional materials will be posted between now and October.

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