“ Turning to the order of the District Court, its remarks that the appellants as 'members of the defendant Society * * * surrendered * * * (their) right to intervene as individuals,' (R. 295) and that they 'are members of and are represented by the Society with their consent,' are susceptible of two interpretations. If the Court was referring simply to the assertedly representative nature of the suit, its view was no different from the appellants' contention discussed above, and the answer to it is also the same. ”

“ The Society and the defendant officers besides being named as an entity and individuals, respectively, were also sued as representatives of all members of the Society. The Society, comprising some 6,400 writers and publishers of musical compositions, was organized to take nonexclusive licenses to the works of its members, to license such works out for public performance, and to distribute among the members the revenues resulting therefrom. The three appellants are among the Society's publisher members. ”

“ But before the inadequacy of ASCAP's representation of appellants' interests in the consent decree negotiations can give rise to a right of intervention, appellants must further demonstrate that they are or may be bound by the judgment on the litigation. On this score appellants argue that as 'class' defendants they are bound by the consent judgment against ASCAP, an unincorporated association, which was sued both as an entity (Fed.Rules Civ.Proc. rule 17 (b) ) and as representing all the Society's members (Fed.Rules Civ.Proc. rule 23 (a) (1) ) . ”

“ In so arguing, appellants, however, face this dilemma: the judgment in a class action will bind only those members of the class whose interests have e en adequately represented by existing parties to the litigation, Hansberry v. Lee, 311 U.S. 32, 61 S.Ct. 115, 85 L.Ed. 22; yet intervention as of right presupposes that an intervenor's interests are or may not be so represented. ”

“ Bendix Home Appliances, D.C., 10 F.R.D. 73, 77, "* * * (T) he scheme of the statute is sharply to distinguish between Government suits, either criminal or civil, and private suits for injunctive relief or for treble damages. Different policy considerations govern each of these. They may proceed simultaneously or in disregard of each other." ”