(DOWNLOAD) "Antitrust Language Barriers: First Amendment Constraints on Defining an Antitrust Market by a Broadcast's Language, And Its Implications for Audiences, Competition, And Democracy." by Federal Communications Law Journal * Book PDF Kindle ePub Free
eBook details
- Title: Antitrust Language Barriers: First Amendment Constraints on Defining an Antitrust Market by a Broadcast's Language, And Its Implications for Audiences, Competition, And Democracy.
- Author : Federal Communications Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 490 KB
Description
I. INTRODUCTION Does the language of a broadcast's program appropriately define an antitrust market, consistent with First Amendment and antitrust principles? The Department of Justice ("DOJ") has traditionally defined the market for mass media transactions by type of media, casting radio as competing in one market, and over-the-air television, for example, in another. (1) Within the medium of radio, the DOJ has divided the market by the language of the broadcast, defining Spanish-language radio as a separate market from English-language radio in its 2008 analysis of the proposed private equity firm buyout of Clear Channel, and in its 2003 review of the merger of Univision Communications, Inc. ("Univision") and Hispanic Broadcasting Corporation ("HBC"), leading broadcasters of Spanish-language television and radio, respectively. (2) This Article contends that the decision to define an antitrust market by the broadcast's language raises concerns about its constitutionality and its effect on competition and democracy. If inaccurate, the market definition may not only distort competition, it may limit the broadcaster's freedom of speech and the public's ability to hear that programming. The First Amendment protects speakers and those who wish to hear that speaker's message. (3)
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