63206 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices have not had an opportunity to Action No. 1:16–cv–01772 (JDB). On ‘‘Defendants’’), and to obtain other comment. Parties may submit final September 2, 2016, the United States equitable relief. comments on this information on or filed a Complaint alleging that Nexstar I. Nature of the Action before February 10, 2017, but such final Broadcasting Group, Inc.’s acquisition of comments must not contain new factual Media General, Inc. would violate 1. Pursuant to an Agreement and Plan information and must otherwise comply Section 7 of the Clayton Act, 15 U.S.C. of Merger dated January 27, 2016, with section 207.30 of the Commission’s 18. The proposed Final Judgment, filed Nexstar agreed to acquire Media General rules. All written submissions must on the same day as the Complaint, for approximately $4.6 billion. Nexstar conform with the provisions of section resolves the case by requiring Nexstar to and Media General own and operate 201.8 of the Commission’s rules; any divest certain broadcast television broadcast television stations in multiple submissions that contain BPI must also stations in Green Bay-Appleton, Designated Market Areas (‘‘DMAs’’) conform with the requirements of Wisconsin; Roanoke-Lynchburg, throughout the United States. sections 201.6, 207.3, and 207.7 of the Virginia; Lafayette, Louisiana; Terre 2. Nexstar’s and Media General’s Commission’s rules. The Commission’s Haute, Indiana; Ft. Wayne, Indiana; and television stations compete head to head Handbook on E-Filing, available on the Davenport, Iowa/Rock Island-Moline, for the business of local and national Commission’s Web site at http:// Illinois. A Competitive Impact companies that seek to advertise on edis.usitc.gov, elaborates upon the Statement filed by the United States broadcast television stations operating Commission’s rules with respect to describes the Complaint, the proposed in the following DMAs: Roanoke- electronic filing. Final Judgment, and the industry. Lynchburg, Virginia; Terre Haute, Additional written submissions to the Copies of the Complaint, proposed Indiana; Ft. Wayne, Indiana; Green Bay- Commission, including requests Final Judgment, and Competitive Impact Appleton, Wisconsin; Lafayette, pursuant to section 201.12 of the Statement are available for inspection Louisiana; and Davenport, Iowa/Rock Commission’s rules, shall not be on the Antitrust Division’s Web site at Island-Moline, Illinois (‘‘Quad Cities’’) accepted unless good cause is shown for http://www.justice.gov/atr and at the (collectively, the ‘‘DMA Markets’’). In accepting such submissions, or unless Office of the Clerk of the United States each of these six DMAs, Nexstar and the submission is pursuant to a specific District Court for the District of Media General together account for a request by a Commissioner or Columbia. Copies of these materials may substantial share of the broadcast Commission staff. television station advertising revenues In accordance with sections 201.16(c) be obtained from the Antitrust Division in that DMA. and 207.3 of the Commission’s rules, upon request and payment of the each document filed by a party to the copying fee set by Department of Justice 3. Specifically, the Defendants operate investigations must be served on all regulations. three stations that account for other parties to the investigations (as Public comment is invited within 60 approximately 41 percent of broadcast identified by either the public or BPI days of the date of this notice. Such television station gross advertising service list), and a certificate of service comments, including the name of the revenues in the Roanoke-Lynchburg, must be timely filed. The Secretary will submitter, and responses thereto, will be Virginia DMA; three stations that not accept a document for filing without posted on the Antitrust Division’s Web account for approximately 100 percent a certificate of service. site, filed with the Court, and, under of broadcast television station gross certain circumstances, published in the advertising revenues in the Terre Haute, Authority: These investigations are being Federal Register. Comments should be Indiana DMA; three stations that conducted under authority of title VII of the account for approximately 51 percent of Tariff Act of 1930; this notice is published directed to Owen Kendler, Asst. Chief, pursuant to section 207.21 of the Litigation III, Antitrust Division, broadcast television station gross Commission’s rules. Department of Justice, Washington, DC advertising revenues in the Ft. Wayne, Indiana DMA; two stations that account By order of the Commission. 20530, (telephone: 202–305–8376). for approximately 51 percent of Issued: September 9, 2016. Patricia A. Brink, broadcast television station gross Lisa R. Barton, Director of Civil Enforcement. advertising revenues in the Green Bay- Secretary to the Commission. United States District Court for the Appleton, Wisconsin DMA; three [FR Doc. 2016–22096 Filed 9–13–16; 8:45 am] District of Columbia stations that account for approximately BILLING CODE 7020–02–P 53 percent of broadcast television United States of America, Department of station gross advertising revenues in the Justice, Antitrust Division, 450 Fifth Street Lafayette, Louisiana DMA; and three DEPARTMENT OF JUSTICE NW., Suite 7000, Washington, DC 20530, stations that account for approximately Plaintiff, v. Nexstar Broadcasting Group, Inc., 56 percent of broadcast television Antitrust Division 545 E. John Carpenter Freeway, Suite 700, Irving, TX 75062, and Media General, Inc., station gross advertising revenues in the Quad Cities DMA. United States v. Nexstar Broadcasting 333 E. Franklin Street, Richmond, VA 23219 Group Inc., et al.; Proposed Final Defendants. 4. Nexstar and Media General also Judgment and Competitive Impact Case No.: 1:16–cv–01772 compete to license programming to Statement Judge: John D. Bates multichannel video programming Filed: 09/02/2016 distributors (‘‘MVPDs’’) for Notice is hereby given pursuant to the Complaint retransmission to MVPD subscribers and Antitrust Procedures and Penalties Act, each operate at least one station 15 U.S.C. 16(b)–(h), that a proposed The United States of America, acting affiliated with a major broadcast Final Judgment, Stipulation, and under the direction of the Attorney network in each of the DMA Markets. Competitive Impact Statement have General of the United States, brings this Because MVPDs in each DMA Market been filed with the United States civil action to enjoin the acquisition by retransmit the Defendants’ programming District Court for the District of Nexstar Broadcasting Group, Inc. to MVPD subscribers in those markets, Columbia in United States of America v. (‘‘Nexstar’’) of Media General, Inc. Nexstar and Media General compete for Nexstar Broadcasting Group, Inc., Civil (‘‘Media General’’) (collectively, viewers who are MVPD subscribers. VerDate Sep<11>2014 20:55 Sep 13, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\14SEN1.SGM 14SEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices 63207 5. If consummated, the proposed IV. Relevant Markets advertising to businesses that want to acquisition would eliminate the 12. The relevant product and advertise their products to television substantial head-to-head competition geographic markets and lines of viewers. A television station’s that currently exists between Nexstar commerce and sections of the country advertising rates typically are based on and Media General and likely result in for assessing this merger under Section the station’s ability, relative to (1) higher prices for broadcast television 7 of the Clayton Act are (1) the sale of competing television stations, to attract spot advertising in each of the DMA broadcast television spot advertising to viewing audiences that have certain Markets; and (2) higher licensing fees advertisers targeting viewers in each of demographic characteristics that for the retransmission of broadcast the DMA Markets and (2) the licensing advertisers want to reach. 17. Broadcast television spot television programming to MVPD of broadcast television programming to advertising possesses a unique subscribers in each of the DMA Markets. MVPDs that retransmit the programming combination of attributes that set it Consequently, Defendants’ proposed to subscribers in each of the DMA transaction likely would substantially apart from advertising using other types Markets. of media. Television combines sight, lessen competition in those markets in 13. A DMA is a geographic unit for sound, and motion, thereby creating a violation of Section 7 of the Clayton which A.C. Nielsen Company—a firm Act, 15 U.S.C. 18. more memorable advertisement. that surveys television viewers— Moreover, broadcast television spot II. Jurisdiction, Venue, and Commerce furnishes broadcast television stations, advertising generally reaches the largest MVPDs, cable and satellite television percentage of all potential customers in 6. The United States brings this action networks, advertisers, and advertising a particular target geographic area and is pursuant to Section 15 of the Clayton agencies in a particular area with data therefore especially effective in Act, as amended, 15 U.S.C. 25, to to aid in evaluating audience size and introducing, establishing, and prevent and restrain Nexstar and Media composition. DMAs are widely accepted maintaining the image