PMP Associates, Inc. v. Hearst Corp.
| Decision Date | 06 January 1975 |
| Citation | 366 Mass. 600,321 N.E.2d 920 |
| Parties | PMP ASSOCIATES, INCORPORATED v. The HEARST CORPORATION. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Gerald May, Boston (Michael T. Gengler with him), for defendant.
Robert J. Ciolek, Salem, for plaintiff.
Before TAURO, C.J., and QUIRICO, BRAUCHER, KAPLAN and WILKINS, JJ.
This suit, brought pursuant to G.L. c. 93A, § 11, and the general equity power of the court, c. 214, § 1, arises out of the defendant's refusal to accept the plaintiff's advertising for publication in its newspaper. The plaintiff, contending that the defendant's action constitutes an unfair practice made unlawful by c. 93A, appeals from an interlocutory decree sustaining the defendant's demurrer and from a final decree dismissing its bill.
The facts, which we accept as true for purposes of ruling on the demurrer, Palmer v. Motley, 323 Mass. 129, 133, 80 N.E.2d 460 (1948), are essentially these: The plaintiff operates an escort service which obtains most of its business through advertising. The defendant publishes the Boston Herald American, one of two large newspapers in the area, and solicits advertising space therein. The plaintiff attempted to purchase advertising space in the defendant's newspaper, and was willing to meet all requirements in order to do so. The defendant accepts advertising from businesses offering escorted tours and travel groups, but has refused, and still refuses, to accept the plaintiff's advertising.
The present case involves the same issues as PMP Associates, Inc. v. Globe Newspaper Co., --- Mass. ---, 321 N.E.2d 915 (1975), a decided this day. In that case, we held that, absent a monopolistic purpose or a concerted effort to hinder trade, a mere refusal by a newspaper to accept advertising from all who apply for it is not an unfair practice in violation of c. 93A. In its bill, the plaintiff alleged merely that the defendant has refused to accept its advertising. It made no allegation of either monopolistic purpose or concerted action Consequently, we hold there is no error in the decrees sustaining the defendant's demurrer and dismissing the bill.
Interlocutory decree affirmed.
Final decree affirmed with costs of appeal.
a. Mass.Adv.Sh. (1975) (decided January 6, 1975).
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Nader v. Citron
...Yet in this burgeoning area, only PMP Assocs. v. Globe Newspaper Co., 366 Mass. 593, 321 N.E.2d 915 (1975), and PMP Assocs. v. Hearst Corp., 366 Mass. 600, 321 N.E.2d 920 (1975), have presented questions directly involving c. 93A, § 11. We thus deal largely with matters of first The plainti......