The fact that such an argument appeared in an antitrust suit is remarkable; but no less remarkable, perhaps, than the notion that recoupment could ever be proven in this case. For that to happen, after all, the newspaper you're holding in your hands or reading online would have to establish a monopoly on advertising aimed at young people in San Francisco during the Internet age.

Lacey says he's optimistic the Court of Appeal will unwind the Guardian's twisted logic. "In fact, the appeal is so crystal clear that, for once, Brugmann's bluster must now yield to common sense," he says. "We anticipate, and look forward to, his call for settlement."

Click here to download and read the appeal in its entirety.

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