Source Interlink Files Antitrust Suit Vs Publishers, Rivals
10 February 2009 - 11:31AM
Dow Jones News
Source Interlink Cos. (SORC) sued a group of publishers,
distributors and rival wholesalers on Monday, saying its magazine
wholesaler has been cut off from its supply of People, Sports
Illustrated and other popular titles after trying unsuccessfully to
implement a per-copy distribution fee last month.
The antitrust lawsuit, filed in U.S. District Court in
Manhattan, alleges the magazine publishers and distributors, along
with two wholesalers, are trying to destroy Source's business and
monopolize the U.S. wholesale magazine distribution market.
"Defendants' indisputable goal is to destroy Source's business
so that defendants - through Hudson and News Group, the two
remaining wholesalers - will monopolize the wholesale market and
use that monopoly power to shift to retailers and consumers - and
away from publishers - the entire financial burden resulting from
worsening market conditions and publisher-induced inefficiencies in
the distribution system," the complaint said.
The lawsuit names as defendants magazine publishers American
Media Inc., Bauer Publishing Co., Hachette Filipacchi Media, and
units of Time Warner Inc. (TWX).
It also names as defendants: magazine distributors Curtis
Circulation Co., Kable Distribution Services Inc., and Distribution
Services Inc.; and wholesalers Hudson News Co. and The News Group
LP.
The lawsuit claims the collusive actions of the publishers,
distributors and other wholesalers has caused wholesaler Anderson
News Co. to go out of business.
On Jan. 14, Anderson announced it would implement a 7-cent
per-copy distribution fee and Source's distribution unit followed
suit on Jan. 19, announcing its own fee effective Feb. 1, according
to the complaint.
The publishers and distributors resisted the surcharge and
Source's distribution unit rescinded it, according to the lawsuit.
Source Interlink also publishes magazines, including Motor Trend
and Soap Opera Digest.
Source claims the publishers and distributors, despite
assurances to the contrary, moved in "virtual lockstep" to cut off
its supply of magazines, including People and Sports
Illustrated.
The lawsuit also alleges the defendants launched a campaign to
spread false rumors to Source's customers and others that "Source
was in deep financial trouble and had ceased operations or was
exiting the magazine wholesale business."
"The goal of that coordinated campaign was to do just that - to
put Source out of business," the complaint said.
Dawn Bridges, a spokeswoman for Time Inc., declined comment late
Monday, saying the company was reviewing the lawsuit. A spokeswoman
for Bauer Publishing also declined comment late Monday.
Spokespersons at the other companies didn't immediately respond
to requests for comment late Monday.
-By Chad Bray, Dow Jones Newswires; 212-227-2017;
chad.bray@dowjones.com