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The one remaining wrongful death lawsuit filed after 10 people were killed during a deadly crowd crush at the 2021 Astroworld music festival has been settled, an attorney said Thursday.
Jury selection in the lawsuit filed by the family of 9-year-old Ezra Blount, the youngest person killed during the concert by rapper Travis Scott, had been set to begin Sept. 10.
But S. Scott West, an attorney for Blount’s family, said a settlement was reached this week.
Blount’s family had sued Scott, Live Nation — the festival’s promoter and the world’s largest live entertainment company — and other companies and individuals connected to the event, including Apple Inc., which livestreamed the concert.
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“The family will continue its journey to heal, but never forget the joy that Ezra brought to everyone around him,” West said in an email.
Treston Blount, Ezra’s father, had said that during the Nov. 5, 2021, concert, his son was sitting on his shoulders when they were crushed by the crowd. Treston Blount lost consciousness and when he came to, Ezra was missing. A frantic search ensued until Ezra was eventually found at a Houston hospital, severely injured. The boy, who was from Dallas, died several days later.
The lawsuit filed by Blount’s family was one of 10 wrongful death civil suits filed after the deadly concert.
Earlier this month, lawyers had announced that the other nine wrongful death lawsuits had been settled in connection with the concert.
Terms of the settlements in all 10 lawsuits were confidential.
The settlement of the lawsuit filed by Blount’s family was first reported by the Houston Chronicle.
Attorneys for Live Nation, Scott and others have declined to comment in the case because of a gag order that limits what they can say outside court.
About 2,400 injury cases filed after the deadly concert remain pending. More than 4,000 plaintiffs filed hundreds of lawsuits after the Astroworld crowd crush.
During the crowd crush, attendees were packed so tightly that many could not breathe or move their arms. Those killed ranged in age from 9 to 27. They died from compression asphyxia, which an expert likened to being crushed by a car.
Earlier this month, state District Judge Kristen Hawkins, who is presiding over the litigation, had scheduled the first trial related to the injury cases for Oct. 15. That trial was set to focus on seven injury cases. It was not clear on Thursday if that trial date would remain or be moved up with the settlement in the Blount lawsuit.
So far, no lawsuit has gone before a jury. One wrongful death lawsuit — filed by the family of 23-year-old Houston resident Madison Dubiski — was days away from going to trial earlier this month before it was delayed and then settled.
Lawyers for the plaintiffs in the lawsuits have alleged in court filings that the deaths and hundreds of injuries at the concert were caused by negligent planning and a lack of concern over capacity and safety at the event.
Scott, Live Nation and the others who’ve been sued have denied these claims, saying safety was their No. 1 concern. They said what happened could not have been foreseen.
After a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.
It’s time for another spin around the Executive Turntable, Billboard’s comprehensive(ish) compendium of promotions, hirings, exits and firings — and all things in between — across music. We also have a weekly interview series spotlighting a single executive, if that’s your thing.
Sony Hall, a tech-forward concert venue in midtown Manhattan, introduced a new booking team made up of senior talent buyer Jack McFadden, talent buyer Alli Vega and junior talent buyer Niko Murray. McFadden’s career arc spans three cities — Chicago, NYC and Austin — and several venues and festivals (Union Hall, Austin City Limits and others) where he helped book early shows for an indie rock murders’ row including The National, The Walkmen, St. Vincent, Fleet Foxes and Vampire Weekend, among others. No slouch, Vega spent years booking D.C. venues Songbyrd and DC9 before making the move to NYC, where she joined the team at Bowery Presents. Murray, meanwhile, hails from NYU and has already cultivated experience at the Cara Lewis Group and Sony Music. Blue Note Entertainment Group operates Sony Hall, which officially opened in 2018 but began life in 1938 as the legendary Diamond Horseshoe nightclub. The venue, which retains much of its original design and decor while incorporating the latest Sony technology, is located inside the historic Paramount Hotel.
“This is an exciting moment for Sony Hall and Blue Note Entertainment Group as we strengthen and bolster our booking program, further introducing this iconic New York City venue to the live music industry,” said BNEG president Steven Bensusan. “Jack, Alli and Niko each have different and diverse backgrounds within the industry to complement and enrich our talent buying team.”
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Meanwhile…
Loeb & Loeb hired Monika Tashman in the firm’s Nashville office, as partner in the Entertainment department. Tashman joins Loeb & Loeb from Manatt, Phelps & Phillips, LLP. Her expertise includes representing music talent in genres ranging from rock, pop, reggae, bachata and metalcore, as well as representing labels, entertainment-focused businesses and music production companies. She’ll also continue her New York-based practice out of Loeb’s Nashville office. –Jessica Nicholson
Galaxy Label Group, founded by country duo LOCASH, solidified its promotions team with the hiring of four. Joining the label, a partnership with Studio2Bee Entertainment with distribution by BBR Music Group/BMG Nashville, are Kerry Wolfe as vp of promotion, Cheryl Broz as the head of national field promotion, Kristen Brust to handle national promotion strategies, and John Lessard — who is LOCASH’s tour manager — lending his expertise on GLG’s promotion and touring work. All new hires are effective immediately. LOCASH, comprised of Preston Brust and Chris Lucas, is Galaxy’s first signed act.
BMI promoted Gabriella Natali to senior manager of media relations, an elevated role in which she’ll continue to spearhead PR efforts across most music genres (we’re talking pop, rock, hip-hop, gospel, classical, jazz and others). Natali is based out of BMI’s NYC headquarters and reports directly to Jodie Thomas, the PRO’s executive director of corporate communications and media relations. In addition to working on messaging for numerous marquee events, including BMI’s various award shows, songwriter showcases and dedicated stages at festivals like Lollapalooza and SXSW, Natali works with Thomas on PR efforts for BMI’s licensing and industry relations departments. Prior to joining BMI in April 2022 as a media relations manager, Natali spent two years as a publicist at boutique agency Big Picture Media, also in New York.
Lucy Pullin and Virgil Thomas joined UTA as agents in its music crossover division, which works with clients on projects that expand their careers to other mediums. Pullin, previously of ie: entertainment ltd, will be based out of the London office and Thomas, an Endeavor alum, is in Los Angeles. Recent wins by the crossover division include Post Malone’s dip into acting (Road House) and comic book writing, and Recording Academy chief Harvey Mason jr.’s behind-the-scenes work on biopics about Bob Marley and Michael Jackson.
NASHVILLE NOTES: Opry Entertainment Group promoted Anna Lemme to marketing manager for the Grand Ole Opry. In the new role, the Massachusetts native will plan marketing and promotional strategies to continue growing the Grand Ole Opry brand. Lemme has been with the company for five years, most recently serving as an artist & label strategy manager for Opry Entertainment Group … Leadership Music communications and events administrator Lindsay Doheney will leave the post on May 28 to join her husband in a job-related relocation. The organization is seeking a replacement for Doheney … Group Projects welcomed Emma Kiefer as director of A&R, working closely with co-founders Anthony Manker and Cooper Anstett on publishing and management business. She most recently served as A&R manager at Boom Music Group.
Buchalter beefed up its presence in Nashville, adding eight attorneys to its office in Music City — “a vibrant and dynamic legal market,” said Adam Bass, the firm’s president and CEO. Joining Buchalter are Lauren Spahn, Jay Bowen and Lauren Kilgore, from Shackelford, Bowen, McKinley and Norton, along with Rebekah Shulman, Jim Zumwalt, Jacob Clabo, Aaron Steinberg and John Baxter. The Laurens are regulars in Billboard‘s annual list of top music lawyers, and both handle a wide swath of legal and business transactional matters for artists, publishers, writers, labels and more. Shulman, Steinberg, Clabo and Baxter specialize in intellectual property issues, while Bowen’s experience is in high-stakes litigation. Finally Zumwalt represents entertainment clients on a variety of matters. “Jay, Lauren, and Lauren, along with their teams bring a wealth of experience, expertise, and dedication to our firm,” said Bass. “Together, we are poised to make a significant impact in Nashville’s legal landscape and beyond.”
Dom Wallace is the new label and marketing manager at Mahogany, where he’ll oversee release strategy for its label Mahogany Records and its flagship video channel, Mahogany Sessions. His appointment coincides with the launch of Mahogany Songs, the company’s new digital distribution and services platform. Wallace was most recently a senior editor at Spotify, where he helped launch several taste-making playlists, including “Our Generation” and “Fresh Finds UK & IE.”
GAME TIME: Cross-industry veteran Kimberly Knoller is the new chief marketing officer at Earn Alliance, where she’ll spearhead the platform’s mission to connect gamers to games, building fandoms and engaging communities. For the last 14 years, Knoller has built out her own music and tech marketing agency The Knoller Group, where she’s worked with artists, creators, record labels and other companies on brand and monetization-boosting strategies. In the aughts, Knoller put in three years at Warner Records, where she did trailblazing work as vp of direct to fan marketing, e-commerce and innovation. She has also held senior roles at unPaired and PIXELYNX … Metaverse studio Karta, which creates in-game experiential marketing across Fortnite, Roblox and other games, hired Morgan Evans as its new fashion and beauty director, and Sarah Richards as art director.
ICYMI:
Jared Cotter
Jared Cotter was promoted to partner at Range Music, where he manages Paul Russell (“Lil Boo Thing”) and co-manages Shaboozey (“A Bar Song (Tipsy)”) … Jason Miller is leaving operational responsibilities at ELA, the joint venture he launched with CTS Eventim in 2021 … and Tekno joined Mr. Eazi’s independent music company emPawa Africa as an investor and a partner.
Last Week’s Turntable: Texas Official Joins Big Loud
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The Justice Department and several states are joining together to sue Live Nation Entertainment in connection to Ticketmaster, whose side accuses the company of owning a monopoly on live entertainment. Justice Department officials are accusing Ticketmaster of blocking out potential opportunities for other companies by striking exclusive ticket and venue deals that essentially gave them the lion’s share of the market.
The New York Times reports that based on the accounts of unnamed invidious close to the matter, the federal government, along with a grouping of states that were not announced in the outlet’s report. The position that will be taken when the matter goes to court is the accusation that Live Nation struck exclusive ticketing contracts with certain concert venues and served as the main ticket hub for concert tours.
Further, the government will claim that other business factors such as venue management according to insiders, aided Live Nation in becoming a monopoly by passing on high costs to consumers and causing damage to any competitors’ efforts to enter the field. Further, the DOJ will state within the lawsuit that tours that were promoted by the entertainment company were more likely to play shows where Ticketmaster had exclusive rights to ticket sales.
Ticketmaster reportedly sells about 600 million tickets annually according to global tallies. It is estimated that the company’s ticketing business is responsible for between 70 and 80 percent of major concert venues domestically.
In 2023, a congressional hearing was held that was sparked by a frenzied Taylor Swift tour presale event which millions of fans were unable to participate in. Both Republicans and Democrats in the U.S. Senate called the company a monopoly
The lawsuit will be filed in the Southern District of New York.
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The Department of Justice dropped a wide-ranging antitrust complaint against Live Nation on Thursday (May 23), highlighting more than a dozen examples of the company’s “anticompetitive and exclusionary” behavior in accusing it of operating live music’s largest monopoly.
The evidence looks particularly bad for Live Nation chief executive Michael Rapino, whose own emails are being used against him to document alleged threats made against competitors while the company was operating under a federal consent decree tied to its 2010 merger with Live Nation.
Under the arrangement, regulators with the government had the right to obtain company documents, including communications, without a subpoena. The most damaging evidence is an email exchange involving Oak View Group’s Tim Leiweke and mega music manager Irving Azoff, who co-founded the arena development and management company together.
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Leiweke was the CEO of AEG, Live Nation’s main rival in the concert business, until 2012, when he was fired by company owner Phil Anschutz. After a brief stint running the Toronto Maple Leafs and its sports and entertainment interests in Canada, he returned to the United States and eventually founded Oak View Group (OVG) in 2015.
The government claims Rapino tried to leverage his company’s partnership with OVG to pressure private equity firm Silver Lake to kill off a rival ticketing company that Rapino allegedly believed represented a major threat to Ticketmaster.
If true, the story could be a major problem for Rapino, underscoring the government narrative that despite Live Nation’s massive market share, the CEO operates the company like a paranoid pugilist, willing to cross ethical and legal boundaries to eliminate tiny threats.
Silver Lake has been OVG’s strategic investment partner since the company’s founding, investing $100 million to launch it. Today, it has more than $2.5 billion tied up in OVG development projects. Silver Lake also owns TEG, an Australian concert promotion company that operates Ticketek, a large Australian ticket provider with more than 130 clients.
According to the 120-page complaint filed Thursday in federal court, “In 2021, Live Nation’s CEO complained to Oak View Group’s co-founder that TEG was ‘[f]ull on competitors.’ Oak View Group, in turn, conveyed to Silver Lake that Live Nation was ‘not happy.’” The complaint adds that Rapino then escalated his complaints to Silver Lake directly, stating: “I am all in on [Oak View Group] where the big play lies with venues – why insult me with this investment in ticketing/promotions etc.’”
According to the lawsuit, “Rapino threatened to pull its support from Oak View Group and instead back an Oak View Group competitor unless TEG stopped competing with Live Nation in the United States,” the complaint alleges.
“I can assure you the OVG investment is a much bigger win then T[E]G,” Rapino wrote in an email to an unnamed Silver Lake executive that’s included in the lawsuit. “It’s been a huge win for both sides– we have over 20 global arenas in development that neither could do without the other … do you really want LN backing [AEG’s venue development and management company]…? Seems like a dumb trade off??”
To aid in the pressure campaign, Azoff “reportedly refused to allow TEG to promote any of his large roster of artist clients,” the complaint alleges. It further states that Azoff told Rapino “that he was going to demand that Silver Lake sell TEG. [To which] Live Nation’s CEO replied ‘Love ya.’”
“Silver Lake now seems ‘intent on dumping teg’ and has asked, through the founder of Oak View Group, whether Live Nation would be interested in purchasing TEG,” the complaint reads in describing the back-and-forth.
Live Nation did not purchase TEG, but in early 2023, a deal was brokered for Silver Lake to sell the company to investment companies Blackstone and KKR. That deal collapsed in October over disagreements over the valuation of the company, which is now being readied for an IPO in Australia.
Live Nation issued a statement on this allegation, stating that the “claim reveals not only a disregard for the facts, but also deep hypocrisy.”
“The current DOJ and FTC have been vocal critics of private equity companies making multiple investments in the same industry because of competitive ‘entanglements,’” the statement continues. “So was Live Nation CEO Michael Rapino when, after it had already made an investment in OVG, Silver Lake Partners decided to invest in the Australian live entertainment company, TEG. Rapino’s complaint was fundamentally the same as the DOJ/FTC concern with private equity rollups: it created a conflict between OVG, which had become a close partner to Live Nation, and TEG. So, in December 2021 when a TEG employee wrote to say that it did not intend to compete with Live Nation in the U.S., Rapino replied to Silver Lake’s management that he did not care about TEG, but still had a problem with Silver Lake’s decision to make multiple conflicting investments in the industry.”
The statement also claims that “there is no truth that this brief exchange had anything to do with Silver Lake’s decision to sell its stake in TEG.”
In addition to the allegations around TEG, the government’s complaint further alleges that OVG, when it was first founded in 2015, was “particularly well-suited to be a real competitor to Live Nation in the United States concert promotion business” but changed its model to avoid competing with Live Nation.
The evidence from the time, however, shows that OVG and Live Nation had long billed themselves as partners. A November 2015 press release announcing OVG’s launch includes a quote from Rapino endorsing Leiweke’s business model, stating, “Both Tim and Irving are friends of Live Nation as well as personal friends. The concept of creating an economic model for both arena’s and touring artists that creates new revenue streams and develops an ‘anchor’ type of platform for music is one we share.”
The DOJ claims that Live Nation initially identified OVG as one of its “Biggest Competitor Threats” but that over time, the two firms morphed “from competitors into partners who found it easier and mutually beneficial to work together rather than compete.”
According to the government, OVG in fact operates as “a self-described ‘pimp’ and ‘hammer’ for Live Nation, with Leiweke once telling Rapino ‘[j]ust like I tell our folks we 100% always protect you and LN on your lanes.’”
In 2016, “after learning that Oak View Group offered to promote an artist Live Nation had previously promoted, Live Nation’s CEO immediately emailed Oak View Group, warning that such competition would only lead to artists demanding more compensation,” reads the complaint. It further includes an email in which Rapino wrote of the artist: “Whats up? We have done his [touring] and vegas[.] Let’s make sure we don’t let [the artist agency] now start playing us off.”
As outlined in the complaint, Leiweke immediately responded, “Our guys got a bit ahead. All know we don’t promote and we only do tours with Live Nation.”
Azoff later chimed in, writing “Growing pains,” subsequently noting that OVG executives “should never discuss comp [for artists],” and that OVG’s talent buyers would work for Live Nation.
The government argues that this discussion is an example of Leiweke and Azoff colluding with Rapino to limit the competitive bids sent to an artist in order to keep artists fees low. In another example cited in the complaint from 2022, Rapino admonished Leweike for making a direct offer to an artist to play an OVG venue instead of asking Live Nation to promote the show for OVG.
“Who would be so stupid to do this and play into [the artist agent’s] arms”? Rapino asked Leiweke in the email. Leiweke responded, “We have never promoted without you. Won’t,” before later writing, “[m]ore than happy to do these deals thru LN as I have always been aligned,” and that “I never want to be competitors.”
The complaint also alleges that Live Nation “exploits its long-term relationship with Oak View Group to flip venues to Ticketmaster, further cementing Ticketmaster’s power.”
According to the DOJ, in 2022, Live Nation and OVG signed an unspecified agreement that resulted in OVG recognizing “it has a significant financial interest in maintaining existing Ticketmaster contracts at its venues and converting other venues to Ticketmaster.”
At some point, according to the lawsuit, Leiweke told Rapino that the deal “allows us to tie up all owned and operated facilities to 10 year deals, develop a standard A and B market deal for all future projects and to convert all OVG 360 deals to TM now or as they expire for 10 years… Appreciate the consideration and partnership and all of us will work diligently on this so we are always aligned with TM.”
Live Nation responded to this claim in a statement: “The theory is that the contract gave Ticketmaster an unfair advantage in securing the business of independent venues that were managed by OVG because it creates financial incentives for OVG to ‘advocate for’ Ticketmaster. But there is nothing remotely anticompetitive about that. Commercial arrangements that involve incentive or marketing payments are common throughout this industry (and many others).” The statement adds, “Ticketmaster competed and won the contract on the merits because OVG determined it was the best ticketing system available.”
Tekno has formed a new strategic alliance with Mr. Eazi, with Tekno’s Cartel Music label and Mr. Eazi’s independent music company emPawa Africa striking a joint venture and Tekno joining emPawa Africa as an investor and a partner. “With this deal with Tekno and Cartel Music, we are ushering in a new phase of emPawa,” […]
Kelly Clarkson has settled a lawsuit against her ex-husband Brandon Blackstock over commissions he was paid during his time as her manager, according to a new report in Rolling Stone.
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Clarkson requested a dismissal of the case on Tuesday (May 21), while Blackstock and his father’s management firm, Starstruck Entertainment, requested to dismiss the case on Wednesday (May 22), according to court documents reviewed by Billboard — though the documents do not mention a settlement.
Billboard has reached out to Clarkson and Blackstock’s reps for more information but did not receive a response at the time of publication.
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The reported settlement comes two months after Clarkson filed a case in Los Angeles courton March 14 seeking a ruling that Starstruck Entertainment had been violating state labor rules stemming from the start of their relationship. The lawsuit sought the return of “any and all commissions, fees, profits, advances, producing fees or other monies” she paid to Starstruck Entertainment dating all the way back to 2007.
Clarkson filed for divorce from Blackstock in June 2020 after seven years of marriage. The case was finalized in 2022, and the singer agreed to pay her ex-husband monthly child support of $45,601 for their two children — nine-year-old daughter River Rose and eight-year-old son Remy Alexander — plus a one-time payment of $1.3 million.
Shortly after Clarkson filed for divorce, Starstruck sued her for alleged unpaid fees, claiming the company had “invested a great deal of time, money, energy, and dedication” into her and had “developed Clarkson into a mega superstar.”
In response, Clarkson filed a complaint with California’s Labor Commissioner, claiming that Blackstock and Starstruck had violated California’s Talent Agencies Act by serving as her managers as well as unlicensed talent agents who booked her business deals. In November, a Labor Commissioner ruled in Clarkson’s favor and Blackstock was ordered to repay Clarkson more than $2.6 million in commissions she paid him for handling a number of deals, including her role as a coach on The Voice. A month later, Blackstock and Starstruck challenged the ruling in court, asking for a Los Angeles judge to rule rather than the Labor Commissioner.
Range Music has promoted Jared Cotter to partner, the company announced Thursday (May 23). Cotter, who has been at Range since 2022, had been vp of A&R for the management company, which operates as the music division under the umbrella of Range Media Partners. Cotter manages Paul Russell, whose song “Lil Boo Thing” reached No. […]
Lana Del Rey will receive this year’s NMPA Songwriter Icon award, the National Music Publishers’ Association (NMPA) announced today. The award will be presented at the organization’s annual meeting at Alice Tully Hall at Lincoln Center in New York City on June 12.
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Del Rey, 38, has received 11 Grammy nominations (but, surprisingly, no wins yet). Her nods include three in songwriting categories – “Norman Fu—ing Rockwell” and “A&W,” both for song of the year, and “Young and Beautiful” (from Baz Luhrmann’s The Great Gatsby) for best song written for visual media. She was also nominated for a Golden Globe for co-writing “Big Eyes” from the Tim Burton of the same name.
“Lana Del Rey defines being iconic,” NMPA president and CEO David Israelite said in a statement. “Her influence is felt across all genres and has inspired the biggest artists in the business. Her songwriting is deeply personal, and she continues to innovate – bringing fans thought provoking lyrics and indelible style.”
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Savan Kotecha will receive the NMPA Non-Performing Songwriter Icon award. Kotecha has received Grammy, Golden Globe and Oscar nods in songwriting categories. He received a Grammy nod for best song written for visual media and a Golden Globe nod for best original song for “Love Me Like You Do” and an Oscar nod for best original song for”Husavik” from Eurovision Song Contest: The Story of Fire Saga.
“Savan Kotecha is virtually unmatched in his impact on pop music,” Israelite said in a statement. “He has helped craft the sounds for so many of the biggest hits of the past decade. We are thrilled to honor his continued success.”
The timeless ballad “Can’t Help Falling in Love,” co-written by Luigi Creatore, Hugo Peretti and George David Weiss, will be honored as an NMPA Iconic Song. Elvis Presley’s original hit version of the song, recorded for his 1961 film Blue Hawaii, reached No. 2 on the Billboard Hot 100 in 1962. UB40’s reggae-tinged cover version, recorded for the film Sliver, spent seven weeks at No. 1 in 1993.
Congressman Darrell Issa (R-CA) will receive the NMPA President’s award for his work to support creators.
Additionally, Warner Music Group CEO Robert Kyncl will sit down for a keynote conversation. Register of Copyrights Shira Perlmutter will discuss the current challenges of protecting intellectual property.
Tokischa will launch her own record label called SOL under a new global partnership with Warner Music Latina, Billboard can exclusively announce today (May 23).
The Dominican artist (born: Tokischa Altagracia Peralta Juárez) will release her own music and sign new artists under the new deal that’s in partnership with her manager (and SOL co-founder) Angelica Piche within WML and supported by Atlantic Records.
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“We are thrilled to launch SOL, a label that will be a home for misunderstood artists,” Piche, who’s in charge of the project’s development, said in a statement. “It’s very important for us to give a voice and a space to people who, like us, started from scratch.”
Both teams at WML and Atlantic are excited to form part of Tokischa’s new career era.
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“She is an artist who takes counterculture to its highest and best expression. It is a privilege to help expand her global impact and support her limitless creative vision,” adds Alejandro Duque, Roberto Andrade Dirak, and Natalie Cotton of the Warner family.
Since kicking off her music career in 2018, the 28-year-old artist has shined with her groundbreaking and unapologetic music, bringing to the forefront the Dominican Republic’s thriving local underground scene, known as “el bajo mundo.”
“For me, when I feel free is when I’m myself,” she previously expressed during the women on the rise panel at the 2022 Billboard Latin Music Week. “For me, freedom is to feel comfortable with what surrounds me, with what I do, to feel unique. To feel special and loved by myself because one of the steps toward freedom is self love, and if I love myself and understand and know myself, and know what I need, I know where I’m going to walk and how I’m going to do it.”
With the new partnership, Warner Music Latina—alongside its international team and record labels—aims to introduce Tokischa’s “music to fresh audiences, bolstering her presence across diverse countries and cultures, and ultimately establishing her as a true global star,” noted the press statement.
Tokischa
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The U.S. Department of Justice and a group of 30 states on Thursday filed a long-awaited antitrust lawsuit against Live Nation, accusing the concert giant of market dominance and demanding that it and Ticketmaster be broken up. “It is time to break it up,” said Attorney General Merrick Garland at an announcement of the suit on Thursday.
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The lawsuit, filed in Manhattan federal court, claims that Live Nation has abused its huge market power to stifle competition, including through the use of exclusive ticketing contracts that lock venues into using Ticketmaster for all events. As part of its case against Live Nation, Garland said the government will present evidence taken from emails between Live Nation chief executive Michael Rapino and Oak View Group chief Tim Leiweke, as well as communications between Rapino and the head of powerful equity firm Silver Lake capital.
“We allege that Live Nation has repeatedly wielded its powers to keep its rivals from expanding in the U.S. concert promotions market through threats and retaliation,” Garland said. In his remarks, he alleged that in 2021, Live Nation threatened to retaliate against Silver Lake unless it divested from TEG, one of its portfolio companies. According to Garland, Live Nation chief Michael Rapino told Silver Lake that he “failed to understand why [the equity firm] continued to invest in a business that competes with Live Nation.”
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Garland added: “The threats ultimately succeeded and Silver Lake has tried to sell TEG altogether. We allege that Live Nation does not maintain its dominance in the live industry by staying ahead of its competition on the merits. It does so by unlawfully eliminating its competition. We allege that Live Nation controls the live entertainment industry in the United States because it is breaking the law.”
To address the alleged violations, the DOJ argues that Live Nation must divest ownership of Ticketmaster – effectively undoing a controversial 2010 merger that was approved by federal regulators despite fears that it would give the company too much power over live music.
“Today’s complaint alleges that Live Nation-Ticketmaster have engaged in anticompetitive conduct to cement their dominance of the live concert market and act as the gatekeeper for an entire industry,” said Deputy Attorney General Lisa Monaco during today’s press conference. “Today’s action is a step forward in making this era of live music more accessible for the fans, the artists, and the industry that supports them.”
Live Nation has long faced criticism over its market share, but scrutiny of the company increased dramatically following the disastrous November 2022 rollout of tickets for Taylor Swift’s 2023 Eras Tour, which saw widespread service delays and website crashes.
The DOJ had already launched an investigation into the company’s practices earlier in 2022, prior to the Swift incident. But the botched presale sparked Congressional hearings, civil antitrust lawsuits, and calls to break up the company. Lawmakers like Sen. Amy Klobuchar (D-Minn.), the chair of the Senate subcommittee for antitrust issues, warned that Live Nation’s power “insulates it from the competitive pressures that typically push companies to innovate and improve their services.”
According to the 120-page complaint filed by the government, Live Nation-Ticketmaster has “unlawfully maintained monopolies in several concert promotions and primary ticketing markets and engaged in other exclusionary conduct affecting live concert venues, including arenas and amphitheaters.”
The complaint specifically takes aim at Live Nation’s “flywheel model,” which it describes as a “self-reinforcing business model that captures fees and revenue from concert fans and sponsorship, uses that revenue to lock up artists to exclusive promotion deals, and then uses its powerful cache of live content to sign venues into long term exclusive ticketing deals, thereby starting the cycle all over again.”
Live Nation has rejected such accusations. In a blog post last month, the company’s top antitrust lawyer argued that claims about “monopolies” were designed to “rile up fans against Live Nation and Ticketmaster.” As recently as Tuesday, company president Joe Berchtold said that the company’s practices were “fully defensible” and that a settlement with the DOJ was still possible.
“The DOJ’s lawsuit won’t solve the issues fans care about relating to ticket prices, service fees, and access to in-demand shows,” a statement from Live Nation reads. “Calling Ticketmaster a monopoly may be a PR win for the DOJ in the short term, but it will lose in court because it ignores the basic economics of live entertainment, such as the fact that the bulk of service fees go to venues, and that competition has steadily eroded Ticketmaster’s market share and profit margin. Our growth comes from helping artists tour globally, creating lasting memories for millions of fans, and supporting local economies across the country by sustaining quality jobs. We will defend against these baseless allegations, use this opportunity to shed light on the industry, and continue to push for reforms that truly protect consumers and artists.”
When Live Nation and Ticketmaster merged in 2010, the DOJ approved the deal but imposed a so-called consent decree designed to prevent the company from abusing its position. Those restrictions were set to expire in 2020, but they were extended by five years after the DOJ accused Live Nation of repeatedly violating the decree.