Toward A Better Competition Policy For The Media
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Toward A Better Competition Policy For The Media
naUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediaaw40118Toward A Better Competition Policy For The MediaMaurice E. stuckeUniversity of Tennessee, mstucke@utk.eduAllen p. GrunesBrownstein Hyatt Farber Schreck, LLP, agrunes@bhfs.comFollow this and additional works at: https://trace.tennessee edu/utkjawpublỈ1 Part of the Law CommonsRecommended Citati Toward A Better Competition Policy For The MediaonStucke, Maurice E and Grunes, Allen p„ 'Toward A Belter Competition Policy For The Media" (2009).College of Law Faculty Scholarship.https://trace.teToward A Better Competition Policy For The Media
nnessee edu/utk_lawpubl/40This Article is brought to you for free and open access by the Law at TRACE: Tennessee Research and Creative Exchange. It hanaUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Media. For more information, please contact trace@utk edu.TOWARD A BETTER COMPETITION POLICY FOR THE MEDIA: THE CHALLENGE OF DEVELOPING ANTITRUST POLICIES THAT SUPPORT THE MEDIA SECTORs UNIQUE ROLE IN OUR DEMOCRACY.Maurice E. Stucke’ á Allen p. G runes':It is difficult to formulate meaningful competition Toward A Better Competition Policy For The Media policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of idToward A Better Competition Policy For The Media
eas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, naUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediasponse to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to apply in media markets, and how the concerns underlying media mergers differ from other industries. Our article recommends first that Con Toward A Better Competition Policy For The Mediagress should take the lead in formulating a national media policy, second, an agenda for the agencies to look beyond a merger's impact on advertisingToward A Better Competition Policy For The Media
rates and more empirical work on media mergers' impact on the marketplace of ideas, ami finally ways the government can promote access to the marketplnaUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediaand' Associate Professor. University of Tennessee College of Law.Panner. Brownstein Hyatt Farber Schreck. LLP.* The authors, while at the U.S. Department of Justice Antitrust Division, investigated mergers and anticompetitive restraints in the media industry. The authors would like to thank Albert A Toward A Better Competition Policy For The Media. Foer. Matthew Gcntzkow. Wolfgang Kerber. James Hamilton. Jeffrey Michael Hirsch, Robert H. Lande. Jonathan Sallet. Bernard Sharfman, Howard ShelanskToward A Better Competition Policy For The Media
i. and Irwin Stelzer for their helpful comments. An earlier version of this article was part of the American Antitrust Institute's transition report fnaUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediatition Policy To The 44th President (2008). The authors were the principal authors of a committee document that2TOWARD A BETTER MEDIA POLICY l2O-Jan-O9advertisers above competitive levels. This concern about corporate market power cuts across all industries. The second concern is media-specific, nam Toward A Better Competition Policy For The Mediaely society's political and cultural health is fostered by numerous, independent media, and excessive media concentration may threaten the public’s acToward A Better Competition Policy For The Media
cess to important information or viewpoints.* 1The Obama administration will confront both concerns. As then-Senalor Barack Obama and Senator John KernaUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediad accountable for all that they do."2 * Given President Obama’s concerns about media consolidation, a change in media policies is likely. But what form will such change take, especially given that traditional media are in flux? In response to declining audiences and advertising revenue, many traditi Toward A Better Competition Policy For The Mediaonal media have laid off journalists and cut back on news. The daily newspaper has been called an "endangered species”1 with one prediction that "moreToward A Better Competition Policy For The Media
newspapers and newspaper groups will default, be shut down and be liquidated in 2009 and several cities could go without a daily print newspaper by 2naUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLa Toward A Better Competition Policy For The Mediaon of media ownership restrictions. This argument has been supported by the recognition that the Internet has lowered entry barriers and introduced new outlets.accented suggestions from, and was edited by, others at the A Al.1 William B. Shew & Irwin M. Stelzer. .4 Policy Framework for the Media Ind Toward A Better Competition Policy For The Mediaustries in Makkeis and nth Media: Competition. Regulation AND tut Interests OE CONSUMERS 111 (ME. Beasley Ct al., cds. 1996).' U.S. Senators Barack ObToward A Better Competition Policy For The Media
ama <& John F. Kerry. Media Consolidation Silences Diverse Voices. Politico. Nov. 8.2007. available alhtip://www.politico.conVncws/storics/l 1077675X.naUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLanaUNIVERSrTYftTENNESSEEUrKNoxvntr.University of Tennessee, KnoxvilleTRACE: Tennessee Research and CreativeExchangeCollege of Law Faculty ScholarshipLaGọi ngay
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