Andy _ Kent said:
Frank, I appreciate the insight. I guess what I was getting at had to do with the "highly unusual" guidelines Gannett was imposing and how the Justice Department was looking into those, and also what I posted earlier on the other Tucson thread about the sinister appearance of that amendment to the JOA.
Well, the "highly unusual bidding rules" was just a bad subhead on the Gannett Blog. What the story actually said is that it would be "highly unusual for
the government to impose specific conditions requiring the production and sale of a printed version of the paper."
Also, there is always going to be a Justice Dept. investigation of some sort when a JOA is involved. Usually, a citizen's group of some kind will file a lawsuit eventually and Justice has to show it looked into the closing before rubber-stamping it. In San Francisco, after Hearst
paid a "buyer" more than $60 million to take the Examiner off its hands (outside the JOA, of course) and thus preemptively avoid antitrust problems, someone still filed a lawsuit, claiming Hearst didn't try hard enough to find someone who would actually compete aggressively with the Chronicle. Justice knows someone's gonna sue, so it will investigate as a matter of course.
I'm not trying to defend folding the Citizen, but I think Gannett and Justice have done SOP. The only thing that's new is the supposed requirement that a buyer commit to publishing a print product. But I suspect that's because no one had thought of specifying that before. The idea that someone might go Web-only is a pretty new one.
Except for the obligatory lawsuits by the locals, closing one of the papers in a JOA is usually pretty smooth sailing, as far as the law goes. The exception was in Honolulu, where an injunction prevented Liberty Newspapers from folding the Star-Bulletin in exchange for more than $20 million from Gannett, which owns the Advertiser and formerly owned the Star-Bulletin before arranging a swap of the two papers. After the injunction, the court supervised the search for a buyer and eventually David Black took it. It usually doesn't work that way -- Justice usually won't micromanage the search for a buyer to that degree.