By: (AP) The Justice Department said Thursday that The Denver Post can launch a free edition without violating the terms of its antitrust exemption under a joint operating agreement with the Rocky Mountain News.
Acting Assistant Attorney General Thomas Barnett issued the decision at the request of Denver-based MediaNews Group Inc., which owns the Post; E.W. Scripps Co., which owns the Rocky Mountain News; and the Denver Newspaper Agency, owned jointly by MediaNews and Scripps.
Barnett said the department would not challenge any free edition the Post may start.
"As described by the parties, the creation of a new edition of The Denver Post likely will increase output and provide greater choice for both readers and advertisers in the Denver metropolitan area," Barnett said in a statement.
MediaNews President Jody Lodovic said a free edition was one of several options the company was considering but there are no immediate plans to start one.
"We went to the Justice Department to seek clarity on what you can and can't do inside of a JOA," he said. "When you operate under an antitrust exemption as we do in Denver, you want to make sure that what you do doesn't in any way, shape or form jeopardize your antitrust exemption."
The Denver Newspaper Agency is responsible for printing, advertising and other business functions of both papers under the JOA. Each newspaper has separate and independent editorial departments.
The Newspaper Preservation Act, which governs JOAs, establishes some exemptions to antitrust laws for some joint actions. If companies governed by a JOA decide to expand beyond its terms, the Justice Department evaluates the plan to determine whether antitrust principles would apply.
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