A Tale of Two Standards: Antitrust, the Public Interest, and the Television Industry

Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court\u27s decision and analyzes its effect on the FCC\u27s recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising practices after the court\u27s decision in Broadcasters