NONE: Re: Boston Globe refusal to run ad
Re: Boston Globe refusal to run ad
S. Finer (xerxes_at_clark.net)
Thu, 22 Aug 1996 20:39:44 -0400 (EDT)
I disagree with mark's assessment. I think there may be a cause of
action. PrimeNetiX is not in the same business as the Globe. They do not
directly compete. Does the globe advertise AOL or CompuServe? Does it
advertise local Inet access providers? The Globe does not sell cars, it
sells adverising space, and here it is refusing to sell advertising space.
Why? Because they seem to wish to restrain PrimeNetiX's ability to
promote its web site. This type of discrimination is arguably
illegitimate.
Glib rules of thumb are not backed by legislatures and judicial decisions,
but merely by accumulated experience with, in this case, print media. Web
media may make a legitimate claim to discriminatory sales and pricing
practices under well known anti-trust provisions. As to the notion that
what the Globe is doing is merely good business practices, well 8-) ,
that may be very much the the perspective held by the Bell phone
companies, or the railroads, or the cable firms, or other monopolists or
oligopolists have argued most earnestly most of this century.......
Sometimes they are sustained, but not usually. At best, the Globe and the
Times will get bad publicity, at worst they could incite a backlash, with
legislative campaign to tighten interpretations and enforcement.
On Thu, 22 Aug 1996, Mark J. Welch, Esq. wrote:
> At 08:30 AM 8/22/96 -0500, Cliff Kurtzman wrote a message about a dispute
> between the Boston Globe and PrimeNetiX, regarding the Globe's refusal to
> permit PrimeNetiX to advertise its car-sales web site in the Globe's
> automotive classified section.
>
> Three cheers for PrimeNetiX on finding a "hook" to get widespread free
> publicity for its web site. (I assume that the other Boston and neighboring
> papers will publish articles, but the Globe itself will not mention the item.)
>
> While the message clearly suggests a PR problem for the Globe, which
> apparently misrepresented its policies, I see no reason why one publisher's
> refusal to run ads promoting a competing publisher's product is "restraint
> of trade."
Are they a publisher? Perhaps, but they are not both newspapers. Does
the Globe limit TV or Radio advertising in its pages?
> I think most newspapers have policies (stated or not) against
> publishing ads that will drain away their customer base.
The advertisment will not drain away any readers........could it drain
classified ad customers.....maybe, maybe not.....
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