#369: 08-05-96 - Justice Requires Jacor to Sell Cincinnati Radio Station
FOR IMMEDIATE RELEASE AT
MONDAY, AUGUST 5, 1996 (202) 616-2771
TDD (202) 514-1888
JUSTICE DEPARTMENT REQUIRES JACOR TO SELL
CINCINNATI RADIO STATION
The Department's First Radio Merger Challenge
WASHINGTON, D.C. -- The Department of Justice today required
two of the nation's largest radio station owners--Jacor
Communications Inc. and Citicasters Inc.--to divest a key
radio station, WKRQ-FM, in Cincinnati before permitting them
to proceed with their $770 million merger. The restructured deal
will preserve competition among Cincinnati radio stations and
benefit both advertisers and consumers.
The Department said that without the divestiture, the
companies would dominate the market for the sale of radio
advertising time in Cincinnati and the surrounding areas.
The radio industry is in the midst of rapid consolidation
following passage of the Telecommunications Reform Act of 1996,
which relaxed previous limits on radio ownership. The
Jacor/Citicasters acquisition is one of the first transactions
announced following passage of the Act, and is among the largest
yet proposed.
Anne K. Bingaman, Assistant Attorney General in charge
of the Department's Antitrust Division, said, "This
acquisition could have reduced competition and made it more
difficult for businesses of all sizes to get competitive rates
when buying radio advertising time in Cincinnati."
The Department's Antitrust Division filed a civil
antitrust suit in U.S. District Court in Cincinnati to block
the proposed deal. At the same time, a proposed settlement
was filed that, if approved by the court, would settle the suit.
"The Telecommunications Act repealed the old limits on how
many stations one company could own in a given market, but it did not
grant radio group owners a license to monopolize the sale of
advertising time," said Bingaman.
"For many businesses, radio advertising is important because
it offers a unique way to communicate with potential customers.
The Department will scrutinize each proposed radio merger to
determine whether it will have anticompetitive effects," Bingaman added.
In its antitrust complaint, the Department alleged that a
combination of Jacor and Citicasters would control more than
50 percent of the sales of radio advertising time in Cincinnati,
and could enable the companies to increase prices to advertisers
and substantially reduce competition in the $80 million
Cincinnati radio advertising market.
Jacor and Citicasters agreed to divest WKRQ-FM, a leading
Cincinnati contemporary music station, to an independent buyer.
"Maintaining WKRQ's independence from Jacor and Citicasters will
ensure that advertisers have choices when purchasing air time,"
Bingaman said.
The settlement also requires Jacor to provide advance notice
to the Department if it wants to acquire more radio stations in the
Cincinnati area, or enter into joint management or advertising sales
arrangements with other stations there.
Other aspects of the merger, which involves the purchase of
18 radio stations and two television stations in eight cities, were
not challenged by the Department.
Jacor Communications Inc. and Citicasters Inc. are both
headquartered in Cincinnati. Jacor owns 21 radio stations in seven
states. Citicasters owns 19 radio stations in seven states. These
figures exclude radio stations that Jacor will gain through its separate
acquisition of Noble Broadcast Group Inc.
As required by the Tunney Act, the proposed consent decree will be
published in the Federal Register, together with the Department's
competitive impact statement. Any person may submit written comments
concerning the proposed consent decree during a 60-day comment period
to Donald J. Russell, Chief, Telecommunications Task Force, Antitrust Division, U.S.
Department of Justice, Room 8104, 555 4th Street N.W.,
Washington, D.C. 20001 (202) 514-5621.
At the conclusion of the 60-day comment period, the federal district court in Cincinnati may enter the consent decree upon finding that it serves the public interest.
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96-369