Appealing to a Higher Authority

No, we couldn't. Throughout the period in question, the Weekly had a smaller circulation than the Guardian and thus couldn't simply charge the same rates as its bigger rival.

Referring to the price fixing and the pending appeal, SF Weekly attorney Don Moon predicted that the verdict would be overturned promptly at the appellate level.

"This case would never have made it to trial in the federal courts or in the courts of any other state — and the Guardian's lawyers never disputed this," said Moon. "And the California appellate courts have made it clear that competition law is about protecting consumers — in this case small advertisers — who value low prices, and not individual publishers like Mr. Brugmann, who value high prices and a guaranteed profit in a competitive marketplace."

Michael Lacey is the executive editor of Village Voice Media.