DOJ Concludes Review of 1941 ASCAP and BMI Consent Decrees | Practical Law

DOJ Concludes Review of 1941 ASCAP and BMI Consent Decrees | Practical Law

The DOJ announced that it had concluded its review of, and would not modify, consent decrees entered in 1941 as part of settlements with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI).

DOJ Concludes Review of 1941 ASCAP and BMI Consent Decrees

Practical Law Legal Update w-002-9308 (Approx. 2 pages)

DOJ Concludes Review of 1941 ASCAP and BMI Consent Decrees

by Practical Law Antitrust
Published on 04 Aug 2016 • USA (National/Federal)
The DOJ announced that it had concluded its review of, and would not modify, consent decrees entered in 1941 as part of settlements with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI).
On August 4, 2016, the DOJ announced that it concluded its review, without modification, of two 1941 consent decrees with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI). The consent decrees were intended to remedy concerns that the organizations' aggregation of public performance rights gave them anticompetitive market power in licensing those rights under Section 1 of the Sherman Act.
The DOJ initiated its review in 2014 at the request of ASCAP and BMI and spoke with industry stakeholders and members of the public before reaching its conclusion not to modify the consent decrees.
In its statement, the DOJ confirmed that the consent decrees required ASCAP and BMI to offer full-work licenses allowing the right to publicly perform any work under their repertoires to:
  • Bars and restaurants.
  • Radio and television stations.
  • Digital music services.
  • Other music users.
For more information on the DOJ's review of the ASCAP and BMI consent decrees, see Legal Update, Play it Again, Sam: DOJ to Review 1941 ASCAP and BMI Consent Decrees.