Live nation
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Less than three weeks after two dozen Taylor Swift fans sued Live Nation over Ticketmaster’s disastrous presale of tickets to her Eras Tour in November, another similar lawsuit has been filed against the concert giant in California federal court.
Filed Tuesday (Dec. 20), the class-action lawsuit, brought by Swift fan Michelle Sterioff, accuses Live Nation and subsidiary Ticketmaster of violating federal antitrust and unfair competition laws and “intentionally and purposefully” misleading “millions of fans into believing” Ticketmaster would prevent bots and scalpers from participating in presales for the tour.
Similar to the lawsuit filed earlier this month, Tuesday’s lawsuit alleges that Live Nation and Ticketmaster, which merged in 2010, represent a monopoly in both the primary and secondary ticketing markets and have used that alleged monopoly power “in a predatory, exclusionary, and anticompetitive manner.” According to the complaint, this monopoly is used to charge “supracompetitive” ticketing fees that can increase the price of tickets “by 20-80%” over their face value.
“Ticketmaster…has violated the policy, spirit, and letter of [antitrust] laws by imposing agreements and policies at the retail and wholesale level that have prevented effective price competition across a wide swath of online ticket sales,” the complaint reads, adding that the company “is only interested in taking every dollar it can from a captive public.”
Sterioff claims that she registered for the Eras Tour presale on Nov. 1, 2022, and “relied” on Ticketmaster’s claim that its Verified Fan program “would ‘level the playing field’” so that more tickets would go to real fans over bots. However, she claims she was unable to secure a ticket during the presale on Nov. 15 or Nov. 16, forcing her to purchase tickets “through an alternate secondary ticketing service provider” after Ticketmaster canceled the general public sale, citing widespread service delays and website crashes as millions of fans tried -– and many failed –- to buy tickets.
Additionally, Sterioff says the amount she paid for her ticket on the secondary market was subject to Ticketmaster’s “monopolistic prices” due to the company’s dominance in the secondary ticketing market as well. She cites a Ticketmaster technology that limits ticket purchasers from transferring tickets unless they’re resold through the company’s secondary ticketing platform — essentially making it all but impossible to purchase a Swift ticket outside the Ticketmaster ecosystem. That allows the company “to charge monopolistic ticketing fees every time a single ticket is resold,” the complaint adds.
There are a total of eight counts listed in Sterioff’s complaint, including violation of California’s Consumers Legal Remedies Act; intentional misrepresentation; common law fraud; fraudulent inducement; antitrust violations; violation of California’s Unfair Competition Law; violation of California’s False Advertising Law, and quasi-contract/restitution/unjust enrichment.
Sterioff is asking the court for injunctive relief, statutory damages, punitive or exemplary damages, costs of bringing the lawsuit and more.
Reps for Live Nation and Ticketmaster did not immediately return a request for comment.
In the wake of the Swift ticketing controversy, Ticketmaster apologized to fans and pinned the blame on a “staggering number of bot attacks” and “unprecedented traffic.” But that explanation has seemingly not been enough for many of the company’s critics, who have resurfaced longstanding complaints about the outsized power Ticketmaster and Live Nation have wielded in the market for live music since they merged.
In November, Sen. Amy Klobuchar (D-MN) and her counterpart on the Senate Judiciary Subcommittee, Sen. Mike Lee (R-UT), jointly announced they would be holding a hearing to examine the effects of consolidation on the ticketing industry. Live Nation and Ticketmaster are also reportedly under investigation by the Justice Department over whether the companies represent an illegal monopoly, though that probe is said to have predated the Swift incident.
After massive technical problems marred the Nov 15. pre-sale for Taylor Swift’s Eras tour, forcing some fans to queue for several hours to buy tickets or fail to buy them entirely, Ticketmaster is changing tactics to sell the remaining 170,000 seats for the artist’s 52 shows. The company, hoping to avoid long fan wait times and site crushing web traffic from bots and Swifties, is going back to an older technology: The 20-year-old Ticketstoday platform, modeled after The Grateful Dead’s own fan club system and still used by jam bands like Phish and Ween. The system has been updated in recent years and even deployed for artists like Ed Sheeran and Madonna, although it’s never handled 170,000 tickets for a single sale.
The move, coupled with Ticketmaster’s agreement to not participate in secondary ticket sales for the Eras tour, shows how eager ticketing companies are to work with a mega earner like Swift while avoiding the crush of traffic that disastrously caused widespread disruptions to her Nov. 15 presale. The record-breaking sale is now the subject of multiple congressional inquires around the Live Nation-owned company. These include a request from Sen. Amy Klobuchar (D-Minn.) to Attorney General Merrick Garland to investigate the crash and a call from her counterpart on the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights, Sen. Mike Lee (R-Utah), to hold a hearing on the “lack of competition in ticketing markets.”
The decision to use Ticketstoday — originally built for Dave Mathews Band’s fanclub platform MusicToday by manager and Red Light Management founder Coran Capshaw in the early 2000s and sold to Live Nation in 2008 — would significantly reduce fan wait times and the potential for another site crash by gating off the most vulnerable parts of the ticketing platform to uninvited fans and bot attacks thought to be responsible for the disruption issues. Instead of making fans queue up again to order their tickets, this will essentially assign tickets to them based on their preferences.
Despite receiving an unprecedented level of negative publicity, Billboard estimates Swift’s Nov. 15 presale generated approximately $554 million in sales for Ticketmaster (which ticketed 47 dates on the Eras tour) and Seat Geek (which ticketed five dates as the primary ticketing company for the Arizona Cardinals and Dallas Cowboys).
The 170,000 remaining tickets not sold during the presale have a cumulative face value worth $37 million, Billboard estimates. Once Swift completes the sale of her remaining tickets for the Eras Tour, Billboard estimates that she will have generated $591 million in the U.S. alone. Based on projection, Taylor would easily capture the title of Billboard Boxscore’s highest-grossing female touring artist of all time, topping the current title holder Madonna who’s Sticky & Sweet Tour (2008-09) currently holds the No. 1 slot grossing $407 million, and the number four slot on the all-times tour chart, currently topped by Ed Sheeran, whose Divide tour from 2017-2019 grossed $776.2 million.
Typically, Ticketstoday helps artists sell a small portion of their available tickets – usually about 8% per show — directly to their most loyal fans, much like a lottery system. Fans receive an email about a limited number of VIP or high demand tickets available for sale for an upcoming show, and then those who want to buy the tickets select a pricing option and provide their credit card information in advance. If there are more fans wanting tickets than tickets available, a digital lottery is held and the fans selected have their credit cards automatically charged.
While Ticketmaster stayed online during the attack and sold a record 2.2 million tickets in 12 hours, the site could barely handle the traffic created by 14 million fans and billions of bots the company claimed hit the site. This system using Ticketstoday will pace out the sales, and they will be processed away from the public, avoiding any similar potential issues. To determine which fans would get to participate in the upcoming sale, Ticketmaster used its Verified Fan platform . Fans who bought tickets to the 2020 Lover Festival, canceled due to the COVID-19 pandemic, have been prioritized, as well as those who bought select Taylor Swift merchandise, like a “F— the Patriachy” keychain that went on sale in August. Participating fans will be sent an email requesting their credit card number and choice of tour seating options representing various price ranges and seat locations. Ticketmaster will then work to match fans with their purchase request and charge their card on file. The entire process will take about four weeks and is expected to be completed by Dec. 23.
As 2022 comes to a close, the music business can look back on another hectic year: turnover at the top levels of several big companies; record-breaking successes in several sectors of the industry; and some major headlines coming from sometimes unexpected places, all of which captured the attention of the music business over the past nearly 12 months. Here are 10 big stories and trends that helped define the year in the industry.
The Executive Turntable
The end of the year is always time for turnover, and the final stretch of 2022 has seen more of that than usual. The biggest story of all, however, is a change atop the Warner Music Group, with Stephen Cooper exiting after a successful 11-year run that saw the major double its revenue and boost its market share while taking the company public once again. He’ll be replaced by YouTube’s Robert Kyncl in February, in a move that has been widely seen as a nod toward the tech-based present and future of the music biz, particularly at WMG. Though changes atop the major groups are relatively rare, that was far from the only transition this year: Def Jam, Island and Capitol all welcomed new chairmen/CEOs, with Tunji Balogun, the duo of Justin Eshak and Imran Majid and Michelle Jubelirer taking over the trio of UMG companies, respectively. John Esposito also is transitioning into a new chairman emeritus role at Warner Music Nashville, handing the day-to-day reins to his longtime heirs apparent Ben Kline and Cris Lacy, who will take over in January. Warner also integrated 300 Entertainment into the 300 Elektra Entertainment Group, with Kevin Liles in charge, then placed it under the umbrella of the newly-formed Atlantic Music Group, with Julie Greenwald at the helm. And just recently, Motown chairman/CEO Ethiopia Habtemariam surprised many in the industry by announcing her intention to step down, at a time when the label is in its best shape in years, with a successor yet to be named. The C-Suites have been spinning much more than usual this year.
The Ticketmaster-Taylor Swift Meltdown
Cross Taylor Swift, and her fans, at your peril. The biggest artist in the world, whose latest album Midnights easily cleared the biggest streaming week globally of 2022, had set a presale for her first tour in five years, with tickets slated to become available on Nov. 15 through Ticketmaster. But the company badly, and somewhat inexplicably, misjudged the level of demand that existed for Swift’s tour. Long wait times, astronomical prices and service outages tanked the pre-sale, with billions of bots, according to the company, flooding the site and resulting in 3.5 billion requests to access it — four times the previous high water mark. That resulted in millions of frustrated, ticket-less fans. Which would have been bad enough, if it didn’t spark a firestorm that has yet to abate and is showing no signs of doing so. (As Billboard’s Glenn Peoples wrote, “Ticketmaster is one of the few non-partisan issues in America in 2022.”) There is now a Justice Department investigation into whether Live Nation has abused its market share in the live business (which was said to pre-date the Taylor tour, though it came to light in the wake of the problem) and a Senate antitrust panel hearing on the docket, as well as several state-level probes, and a lawsuit from more than two dozen fans accusing the company of fraud and “anticompetitive conduct.” It’s unclear if changes are on the horizon, but it has proven a headache of massive proportions.
Top-Level Touring Success
The headlines have never been rosier: Live Nation and Ticketmaster reported record-breaking quarters. Bad Bunny’s World’s Hottest Tour became the first ever to average a $10 million gross per show. Elton John’s Farewell Yellow Brick Road Tour closed in on the record for highest-grossing tour of all time. In short, it was a great year to be in the live music business — if you’re one of the biggest artists or promoters in the world. For a lot of others, the outlook was much less rosy: a “nightmare” of supply chain issues, COVID-related cancellations and postponements, rising costs and routing difficulties all combined to make it much more difficult for a lot of artists to get back out on the road this year. It is, and will continue to be, a process to get back to normal.
Synchs On Fire
A well-placed synch has always been a big revenue driver, particularly for legacy acts, but this past year the combination of prestige television and the TikTok algorithm combined to super-charge some of the biggest synchs to not just big bucks, but new chart highs, too. This past year, the biggest story on this front was Kate Bush’s 1985 track “Running Up That Hill,” which received a high-profile synch in Stranger Things and simply took off, surging into the top five of the Hot 100, becoming the oldest song to reach No. 1 on the Streaming Songs chart and returning to the top 10 of the Alternative Airplay chart after a record 28-year absence, while doubling its label revenue in the first two weeks after the series aired. And that wasn’t even the only Stranger Things-related synch to blow up: Metallica’s “Master of Puppets” ballooned 400% in streams in the days after its synch in the season finale. Songs featured in Euphoria, The Batman and Thor exploded in value, while the RIAA’s midyear report saw synch revenue growing faster than ever. Most recently, The Cramps’ “Goo Goo Muck,” with a placement in Netflix’s Wednesday, saw its revenue grow more than 8,000% in a single week.
Ebbs and Flows of Catalog Market
The red-hot catalog market has been the talk of the business for almost half a decade at this point, but over the past year things started to change in some unexpected ways due to rising interest rates, the dwindling number of truly elite catalogs available and the faltering of some of the sector’s most prominent players. And still there were big wins, including Sting’s deal with UMPG that Billboard estimated could be worth well north of $300 million, Stephen Stills’ sale of a controlling interest in over 1,000 songs to Irving Azoff’s Iconic Artists Group and UMG’s purchase of Frank Zappa’s catalog in the region of $30 million. Meanwhile, Brookfield dropped $2 billion into Primary Wave, which promptly acquired the catalogs of Joey Ramone ($10 million) and Huey Lewis & the News ($20 million). Concord swung a package deal for the Genesis catalog as well as those of its individual members for somewhere around $350 million, and new players like Litmus Music came into the market with $500 million to spread around (some of which just went towards Keith Urban’s master recordings). So despite a “challenging environment” and an end to the catalog “feeding frenzy,” there’s still a lot of juice left in those old songs (and a big Pink Floyd-sized catalog potentially in the offing).
The Rush Toward Services
While one sector of the business is running with arms wide open toward catalog ownership, another sector is running just as firmly in the opposite direction: toward services, or partnering with artists and labels to provide a backbone of support to help them achieve their goals without giving up ownership through distribution, marketing, publicity, promotions, royalty claiming and other services. The independent distribution space has generally been a viable business model for decades, but the rush into services ramped up in the past year. Companies like SoundCloud, TikTok, Tencent and Downtown embraced the shift with realigned business models, joining relatively new entrants to the space like UnitedMasters, Stem and Utopia. Many of the major labels (Interscope, Republic, 300) also launched their own distro subsidiaries in an attempt to grow their market share in an increasingly indie world. For some, however, the shift was less of a slam dunk than they may have envisioned, with a tough business model that relies on scale colliding with the increasingly-murky corners of the digital music industry –resulting in fraud, financial challenges and lukewarm responses from the market.
The Onset of Crypto Winter
Early in the year, Web3 projects exploded in what seemed like every sector of the music business, including all three major labels along with companies like Spotify, Coachella, Ticketmaster, Gibson, the Grammys and Death Row Records — not to mention artists like Snoop Dogg, Steve Aoki, Pharrell and Keith Richards. Universal launched an NFT band, Warner partnered with a slew of web3 companies, Snoop promised to buy Death Row and make it into an NFT record label; the possibilities seemed endless. But the seas proved to be much choppier than many had expected, and a series of selloffs and financial failures (as well as recession and inflation fears) brought in what many called the Crypto Winter, with sales and enthusiasm beginning to ebb as the year went on. By the time the second-biggest crypto exchange, FTX, spectacularly failed in November, there had been a 70%-80% cool-off in the market, to the point where the once-ubiquitous format seemed ready for another hibernation while the industry tries to figure out how best to take advantage of the new-ish technology. Expect the ebbs and flows to continue until we’re all in an acronym haze.
BTS Break Rattles Biz — And HYBE Stock
By just about any metric, BTS has been one of the biggest and most formidable acts of any genre in the past several years, racking up No. 1 hits, big-name collaborations, massive box office grosses and accounting for nearly one-third of the entire K-pop market in the U.S. since 2021, according to Luminate. So the group’s decision to take some time off for solo projects was a blow to the group’s management company, label and agency HYBE, which saw its stock, already down 45% for the year at that point, sink 27% in the week after the announcement. (Shares recovered a bit after closing at 145,000 won following the announcement, hitting a low of 107,000 on Oct. 13 and rebounding to 157,000 as of Dec. 12.) With the group members facing the prospect of mandatory service in the South Korean military, HYBE is facing an uncertain outlook for 2023, despite third-quarter growth and the possibility of positive returns from BTS members’ solo projects. For K-pop fans, however, there is room for other companies to step in: JYP Entertainment has had chart success with TWICE and Stray Kids multiple times this year, SM Entertainment’s BLACKPINK scored a No. 1 album in October and Big Hit Entertainment has generated success with Tomorrow X Together. While there’s plenty of opportunity in the K-pop market, the road ahead is uncertain for HYBE, a company that not too long again was a slam dunk.
Despite Complications, the Business is Thriving
It’s been a complicated year for the business overall, as the return from COVID has been trickier than expected, breaking new artists has become harder than ever and overarching financial issues like inflation and the possibility of a recession have cooled what had been a white-hot market. But despite those challenges, the music business has been growing on almost all fronts for another year. The touring business has already been covered here, but the U.S. recorded music business also saw on-demand audio streams surpass 1 trillion for the first time ever — representing a 611% increase from 2015, according to Luminate. Despite supply chain issues that continue to bedevil labels and manufacturers, vinyl sales passed $1 billion in revenue for the first time since the mid-1980s. At the midyear mark, they were up more than 22% — well before Taylor Swift’s Midnights set the record for largest vinyl sales week since Luminate began tracking data in 1991. Overall consumption is up another 9.2% year over year so far in 2022, with no signs of slowing down and with record companies increasing their guidance for investors in 2023. Amid cutbacks and hiring freezes in tech and media, the music business stil appears to be on strong footing.
It’s Still a TikTok World
Love it, hate it, rue its influence or spend hours scrolling it, the industry was as obsessed with TikTok in 2022 as it’s ever been, and the ByteDance-owned social streaming behemoth has leaned further than ever into its connections to the music biz — for better or worse, depending on whom you ask. The service has been behind the massive success of hits both old (Kate Bush’s “Running Up that Hill,” Frank Ocean’s “Lost”) and new (Lizzo’s “About Damn Time,” Bebe Rexha and David Guetta’s “I’m Good”) while helping break new artists like Em Beihold and Cafuné. But the labels’ love affair with TikTok has, over the past year, cooled down, as breaking a hit has become more complicated and the marketing pluses that it offered have fizzled. A distribution play from the platform called SoundOn was met with a lukewarm response, while a ByteDance streaming service, Resso, has rolled out in select markets, with rumors that it could come to the U.S. soon — if TikTok can ease the concerns of U.S. officials. And that comes as the frustration over low payouts and song leaks have some executives warning of a repeat of the early days of MTV and YouTube, when music content was regularly used to promote a fledgling service without commensurate compensation. Still, the biggest song on the platform in 2022 — a nine-year-old track from Swedish sad boy Yung Lean — grew its stream count by over 1,000%, and TikTok is still the single biggest proving ground for singles in the current digital climate. What to make of TikTok in 2022? How about…everything?
Music companies’ quarterly results in October and November were a bright spot amid a mostly bleak earnings season. High inflation, rising interest rates and the chance of a recession presented a triple-whammy to most sectors — particularly tech and retail — but in the music industry, those macroeconomic threats weren’t enough to dampen consumer demand and investors’ confidence.
“While the broader economy is facing challenges, the music industry as a whole remains healthy,” says Golnar Khosrowshahi, founder and CEO of Reservoir Media, which raised its full-fiscal-year forecast by 11% for both revenue and adjusted earnings before interest, tax, depreciation and amortization (EBITDA).
So what worked in music companies’ favor? In short, more people are going to concerts and buying streaming subscriptions, and revenues from those sectors helped bolster quarterly results for nearly every publicly listed music company.
Diversifiction = Fortification
The major labels, which have a piece of the market in nearly every segment of the music industry, all reported quarterly revenue gains over the third quarter last year, ranging from 16% at Warner Music Group to 6% at Sony Music Entertainment. On Universal Music Group’s third-quarter call, chairman/CEO Lucian Grainge attributed the company’s 13.3% third-quarter revenue gains to UMG’s diversification strategy. While ad-supported streaming revenue slowed significantly, only growing 5.2% (from last year’s 15.6% growth), licensing and other revenues rose by 30% due to an $84.2 million increase in touring revenue from Latin American, European and Asian markets where UMG is in that business. Merchandising and other revenue related to those tours grew by over 100% to almost $199 million. “We are better positioned to navigate the inevitable ebbs and flows of revenue of any particular business, as well as to weather any macroeconomic headwinds,” said Grainge.
Live’s Alive Again
Live Nation Entertainment had its biggest summer concert season ever, reporting that more than 44 million fans attended 11,000 events in the third quarter, as attendance for stadium shows tripled to nearly 9 million. Companywide, Live Nation reported $6.2 billion in quarterly revenue, up nearly 67% from the last-comparable quarter, which for it was the third quarter of 2019.
Streaming’s Still Strong
On a call with investors, an analyst asked Sony deputy president/CFO Hiroki Totoki what risks Sony Music Entertainment faces. His reply: “Streaming is very successful, and we don’t really have that much of a concern.” Spotify’s third-quarter results confirm that. Revenue rose 12% to roughly $3.2 billion at a constant currency, on a 13% uptick in subscription revenue from more than 195 million subscribers — 1 million more than the company targeted.
French streaming company Deezer also reported double-digit revenue growth, although it attributed the increase in part to a one-euro price hike the company instituted in France earlier this year. Deezer’s revenues rose nearly 14% to $112.5 million at the Sept. 30, 2022, exchange rate.
Price hikes, coming at a time consumers’ costs are rising across the spectrum, are the final thing working for music industry companies. After Apple said it would raise its standard individual streaming plan price by $1 to $10.99 in the U.S. and Spotify signaled it was also considering a price increase, major labels and other streaming company executives all said they expect trickle-down benefits.
It’s also worth noting that although Totoki said on the call that Sony is “taking steps to prepare for further deterioration… in each of our businesses,” the company raised its revenue and operating income targets for the full fiscal year by $9.8 billion and $1.9 billion, respectively (at Sony’s assumed exchange rate for the second half of the fiscal year).
This story is part of Billboard‘s The Year in Touring package — read more stories about the top acts, tours and venues of 2022 here.
The touring industry’s comeback from the pandemic brought record revenues and ticket sales for the world’s largest promoter, Live Nation, No. 1 on Billboard’s year-end Top Promoters ranking.
Driven by mega tours by Bad Bunny (who had the highest grossing tour of the year), the Red Hot Chili Peppers and The Weeknd, Live Nation grossed $4.19 billion and sold 42.3 million tickets from 4,789 in the 2022 tracking period, according to figures reported to Billboard Boxscore covering a Nov. 1, 2021 – Oct. 31, 2022, collection period.
Live Nation’s reported gross was more than the combined $3.9 billion reported by the promoters ranked from Nos. 2-10.
While Live Nation benefitted from strong demand for arena shows, Cowen and Company analyst Stephen Glagola says Live Nation’s global distribution scale, customizable platform for event managers and its ability to finance artists add to their competitive edge.
“The $9 billion in artists’ fees paid this year is one of their biggest advantages,” Glagola tells Billboard, referencing money Live Nation collects through ticketing and other business areas that it returns to the artist.
As a promoter, Live Nation also gives artists financial guarantees as much as 10 months in advance of events. While that makes Live Nation vulnerable to sharp declines in attendance due to sudden events like a COVID-19 outbreak, it is also a persuasive tool to lock in the biggest artists’ tours.
Live Nation had three of the top 10-highest grossing tours of 2022: Bad Bunny was No. 1, grossing $373.5 million; Red Hot Chili Peppers were No. 6, grossing $177 million; and The Weeknd was No. 10, with $131.1 million.
While promotion is considered a low-margin business for Live Nation, Glagola says, it “drives the flywheel” of the company’s overall economics.
“By getting more artists to promote and tour, it drives some of their higher margin, ancillary revenue, such as food and beverage and hospitality within their owned and operated venues, and the expansion of ticketing,” says Glagola.
On the company’s most recent earnings call, Live Nation executives said the busy 2023 touring season is fueling high demand for live music, despite ongoing questions about the potential impact high inflation and tighter consumer budgets may have on ticket sales.
So far, the company is seeing surging demand.
“Ticket sales for shows in 2023 are pacing even stronger than they were heading into 2022, up double-digits year-over-year, excluding sales from rescheduled shows,” said Rapino. Through the third quarter, Ticketmaster sold over 115 million tickets, up 37% from the same period in 2019. (Live Nation uses 2019 as the most recent year comparable to just its current business.)
Contrary to many industries, supply fuels demand, analysts at Cowen said.
“It has to do with the fact that Taylor Swift only comes on tour every few years,” Glagola says. “When she comes through your hometown you want to see her.”
However, popularity has its pitfalls. Live Nation faces lawsuits and a U.S. Senate hearing next year related to the Nov. 15 Ticketmaster pre-sale for Swift’s 2023 Eras Tour, which saw widespread service delays and website crashes as hundreds of thousands of fans tried — and many failed — to buy tickets.
More than a year into litigation over the deadly Astroworld music festival, attorneys for the event’s organizers say that nearly 1,000 fans who sued over their alleged injuries have ignored deadlines and failed to hand over “critical evidence.”
In a filing last week, attorneys for the defendants in the case — Live Nation, Travis Scott, Apple and many others involved in the festival — alerted Judge Kristen Brauchle Hawkins that 956 alleged victims had “not provided any response whatsoever” to basic requests for information.
“There is no excuse for the non-responsive plaintiffs’ complete disregard of their discovery obligations,” the lawyers for the organizers wrote in the Nov. 23 filing. “They should be compelled to comply immediately.”
Some lawyers for victims quickly pushed back, though. In responses on Monday (Nov. 28), attorneys repping dozens of purported non-responders said many of their clients had in fact filed the necessary papers — or had been dropped from the case entirely. Others said their clients had “experienced serious trauma” and that lawyers were “working diligently with them to complete their discovery response.”
The dueling filings came in sprawling litigation over Astroworld, in which a crowd crush during Scott’s Nov. 5, 2021 performance left 10 dead and hundreds physically injured. Thousands of alleged victims are seeking billions in total damages, claiming the organizers were legally negligent in how they planned and conducted the event.
As of May, court filings said that more than 4,900 alleged victims had filed claims in the case. But the latest filings this week suggest that number has now been winnowed down to around 2,500.
The two sides are currently in the midst of what is known as discovery, the legal process in which each side hands over evidence to their opponents. Earlier this year, Live Nation, Scott and other defendants had sought a variety of information about each plaintiff, including details about their particular injury, documentary evidence that they attended the festival and any messages or other digital records related to the festival.
In the filing last week, attorneys for the Astroworld organizers said a huge number of alleged victims had “wholly failed to respond,” despite the fact that the questions had been heavily negotiated with the legal team for the concertgoers.
“It has now been more than six months since defendants served their original discovery requests and more than a month since all extensions have expired,” the Astroworld lawyers wrote. “Yet approximately 38% of the Plaintiffs … have provided absolutely zero response.”
Failing to hand over this “critical evidence” soon could hamper the litigation in ways that cannot be undone, the organizers warned.
“The longer the non-responsive plaintiffs delay, the higher the risk that critical evidence or information in their possession will be lost, destroyed, or forgotten,” they wrote. “Cell phones get lost or destroyed, and the photographs and videos on them get deleted.”
Sen. Amy Klobuchar (D-Minn.) is following up last week’s open letter to Live Nation over “dramatic service failures” during the Taylor Swift presale with a hearing on competition across the ticketing industry. The senator and her across-the-aisle counterpart on the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights, Sen. Mike Lee (R-Utah), jointly announced the hearing, with a date and witness list forthcoming.
“Last week, the competition problem in ticketing markets was made painfully obvious when Ticketmaster’s website failed hundreds of thousands of fans hoping to purchase concert tickets,” said Klobuchar, without mentioning Swift. “The high fees, site disruptions and cancellations that customers experienced shows how Ticketmaster’s dominant market position means the company does not face any pressure to continually innovate and improve.”
Klobuchar said the hearing will examine the effects of consolidation across ticketing — namely that a lack of competition suppresses the need to improve services and maintain fair pricing.
Lee added that consumers “deserve the benefit of competition in every market, from grocery chains to concert venues. I look forward to exercising our Subcommittee’s oversight authority to ensure that anticompetitive mergers and exclusionary conduct are not crippling an entertainment industry already struggling to recover from pandemic lockdowns.”
Aside from a possible grilling by U.S. senators, Live Nation and Ticketmaster are said to be under investigation by the Justice Department as to whether the company maintains an illegal monopoly over the live event ticketing ecosystem. The probe, according to The New York Times, predates this current debacle involving Swift’s tour presale.
Ticketmaster has apologized for the debacle, which started Nov. 15 when millions of Swift fans overwhelmed a presale for her Eras Tour — causing site crashes and hours-long waits, with many fans left empty-handed and — possibly newly engaged in politics. Ticketmaster went on to cancel the general sale as well.
“I apologize to all our fans. We are working hard on this,” Liberty Media CEO and Live Nation chairman Greg Maffei said in an appearance on CNBC last Thursday. “Building capacity for peak demand is something we attempt to do, but this exceeded every expectation.”
Swift’s tour is actually being promoted by Live Nation competitor AEG, which has told Billboard it “didn’t have a choice” in terms of ticketing sales and distribution because of Ticketmaster’s “exclusive deals with the vast majority of venues on the Eras tour.”
Ticketmaster and Live Nation have long been dogged by accusations that they exert an unfair dominance over the market for live concerts, particularly since they merged in 2010 to create their current structure. The combined entity has operated for its entire existence under a so-called consent decree imposed by the DOJ when it approved the merger. Under the decree, Live Nation is prohibited from retaliating against venues that refuse to use Ticketmaster. Those restrictions were set to expire in 2020 but were extended by five years in 2019 after the DOJ accused Live Nation of repeatedly violating the decree.
Ticketmaster has issued a formal apology to Taylor Swift and her fans following the chaotic ticket sales process for her 2023 Eras Tour.
The ticketing giant took to social media on Friday night (Nov. 18) to share a brief apology message, along with a link to a lengthier explanation on its website about why legions of Swifties weren’t able to buy tickets.
“We want to apologize to Taylor and all of her fans — especially those who had a terrible experience trying to purchase tickets,” Ticketmaster tweeted. “We feel we owe it to everyone to share some information to help explain what happened.”
We want to apologize to Taylor and all of her fans – especially those who had a terrible experience trying to purchase tickets. We feel we owe it to everyone to share some information to help explain what happened: https://t.co/1Gn4kRIvq8— Ticketmaster (@Ticketmaster) November 19, 2022
The debacle stems from Swift’s presale earlier this week for her 52-date Eras Tour, which initially crashed shortly after launch as 14 million fans and billions of bots flooded the site, causing service disruptions.
In its Friday statement, which repeated much of what was written (and later deleted) in a previous blog post, Ticketmaster noted that more than 3.5 million fans pre-registered for Swift’s Verified Fan program.
“Never before has a Verified Fan onsale sparked so much attention — or traffic,” the company wrote. “This disrupted the predictability and reliability that is the hallmark of our Verified Fan platform.”
Fans bought up more than 90% of the ticketing inventory on Tuesday and Wednesday, according to Ticketmaster, breaking the record on Tuesday for the most tickets ever sold in a single day by a touring artist at 2 million.
Ticketmaster added on Friday, “We’re working to shore up our tech for the new bar that has been set by demand for the Taylor Swift | The Eras Tour. Once we get through that, if there are any next steps, updates will be shared accordingly.”
Earlier in the day, Swift spoke out against Ticketmaster for her fans’ problematic experience in purchasing tickets to her tour.
“I’m not going to make excuses for anyone because we asked them, multiple times, if they could handle this kind of demand and we were assured they could,” the superstar wrote on her Instagram Story. “It’s truly amazing that 2.4 million people got tickets, but it really pisses me off that lot of them feel like they went through several bear attacks to get them.”
Sen. Amy Klobuchar sent an open letter on Thursday to Live Nation CEO Michael Rapino detailing her “concerns about the state of competition in the ticketing industry and its harmful impact on consumers.” The problem, wrote Klobuchar, is a lack of competition “that typically push[es] companies to innovate and improve their services. That can result in dramatic service failures, where consumers are the ones that pay the price.”
On Friday, a New York Times report surfaced that the U.S. Department of Justice is investigating whether Ticketmaster parent company Live Nation has abused its huge market share in the live music industry.
Maybe Live Nation chairman Greg Maffei’s statement that Taylor Swift and promoter AEG “chose” to work with Ticketmaster for her calamitous onsale earlier this week should have come with an asterisk.
On Thursday (Nov. 17), Maffei attempted to correct criticisms about Ticketmaster and its owner Live Nation operating as a monopoly by pointing out that Swift’s 2023 Eras Tour “is not actually a Live Nation promoted concert” but rather “promoted by one of our largest competitors.”
Maffei — who is also the president of Live Nation’s largest shareholder Liberty Media — continued: “AEG who is the promoter for Taylor Swift, chose to use us because, in reality, we are the largest and most effective ticket seller in the world. Even our competitors want to come on our platform.”
The thing is, AEG says it’s essentially forced to work with Ticketmaster because of the stranglehold it has over the touring business. “Ticketmaster’s exclusive deals with the vast majority of venues on the Eras tour required us to ticket through their system,” an AEG spokesperson told Billboard in a statement. “We didn’t have a choice.”
The debacle centers around Swift’s presale Tuesday for her Eras Tour, which initially crashed shortly after launch as 14 million fans and billions of bots flooded the site, causing service disruptions. The ticket crash caught the attention of Capitol Hill. Rep. Alexandria Ocasio-Cortez and Sen. Amy Klobuchar, both of whom criticized the outage at Ticketmaster and doubled down on claims that the Live Nation-owned ticketing service was a monopoly. The Justice Department is now reportedly investigating Live Nation, though the investigation reportedly pre-dated the Swift debacle.
AEG and Live Nation have a complicated relationship built around intense competition and steady cooperation going back decades. While AEG’s facility group relies on Live Nation for programming, AEG Presents, the company’s concert promotion wing, competes directly against Live Nation’s global touring team and has its own preferred ticketing system, AXS.
While AEG Presents prefers to use AXS, their partner in the Eras Tour, Louis Messina (Messina Touring Group is a 50-50 joint venture between AEG and Messina), is basically agnostic when it comes to ticketing systems — he will work with any ticketing company, based on where the show takes place. In North America, that means working with Ticketmaster, which is especially dominant in the NFL as it provides tickets to 27 of the NFL’s 32 teams. By choosing to stage her show in NFL stadiums – really, in choosing to tour stadiums in the U.S. — Swift and her partners at AEG and Messina Touring Group are effectively forced to use Ticketmaster due to its supremacy in North America.
In that sense, Maffei’s argument that AEG chose to work with Ticketmaster is misleading, but it would also be inaccurate to describe Swift or AEG’s relationship with Ticketmaster as one built upon coercion. Historically, it’s been more mutually beneficial.
AEG’s venue management company ASM Global — formed following the merger of AEG Facilities and SMG in 2019 to become the biggest such company in the country — expanded its partnership with Live Nation in 2021, allowing the use of Ticketmaster for any of the shows the promoter brings to ASM’s 300 clients. In this arrangement, both sides win, since AEG relies on Live Nation to bring content to its buildings and grants the company incentives to entice shows to their facilities.
Swift has worked very closely with Ticketmaster over the years — for her Reputation stadium tour, the COVID-19-canceled Lovers Fest and now the Eras Tour, building an entire fan verification and Taylor Swift-branded ticketing platform together. While Swift might have preferred to have had more options to sell tickets to her fans, she did partner with the company in a way that few artists have in the past.
Perhaps Ticketmaster and Swift will mend their relationship once they start counting how much money they made together. Or maybe, they’re never, ever, ever, ever getting back together.
The Ledger is a weekly newsletter about the economics of the music business sent to Billboard Pro subscribers. An abbreviated version of the newsletter is published online.
Is Ticketmaster a monopoly that treats customers unfairly? Problems with Taylor Swift’s record-breaking The Eras Tour onsale this week has created choruses of complaints around the ticketing giant that have now led to a reported Justice Department investigation.
On Thursday, Sen. Amy Klobuchar sent an open letter to Live Nation CEO Michael Rapino detailing her “concerns about the state of competition in the ticketing industry and its harmful impact on consumers.” The problem, wrote Klobuchar, is a lack of competition “that typically push[es] companies to innovate and improve their services. That can result in dramatic service failures, where consumers are the ones that pay the price.”
Breaking up Live Nation and Ticketmaster wouldn’t necessarily have prevented this problem. It’s likely that any ticketing platform would have struggled with such a high level of demand. StubHub crashed in 2018 after University of Georgia fans flooded the site to purchase tickets to see their team play in the NCAA football national championship game — and that was just one game.
Ticketmaster blamed the outage on a surge of unregistered fans and billions of bots. According to the company, over 3.5 million people pre-registered for Swift’s Verified Fan credentials, the largest registration in its history. Typically, only a fraction of registered fans show up to buy a ticket. This time, “a staggering number of bot attacks as well as fans who didn’t have invite codes” resulted in 3.5 billion total system requests — four times the previous record number.
One could argue Ticketmaster could have been better prepared for such a high level of demand. Perhaps the company should Swift-proof the platform in anticipation of a flood of speculators and unregistered fans — Swift said Friday (Nov. 18) that her team “asked them, multiple times, if they could handle this kind of demand and we were assured they could.” Overall, problems on the platform are relatively rare given Ticketmaster’s volume of business, but we talk about them because they happen with high-profile concerts that attract large numbers of customers. Those attract the most attention and complaints online, which in turn attracts politicians. Ticketmaster is one of the few non-partisan issues in America in 2022.
Some observers have conflated the issues surrounding Ticketmaster’s market power, though. Rep. David Cicilline, chairman of the House Judiciary Committee’s Antitrust, Commercial and Administrative Law Subcommittee, wrote about the Swift on-sale that “excessive wait times and fees are completely unacceptable … and are a symptom of a larger problem.” It’s fair for Cicilline to suggest that Ticketmaster does not invest enough in its platform to avoid the technical issues and wait times Swift fans recently experienced. That’s debatable, but it’s a defensible argument.
Fees are, however, an entirely different issue. Ticketmaster is a pioneer in the area of ticket fees but does not have a monopoly on the ability to charge them. More competition in ticketing would not prevent venues and promoters from adding to the face value of tickets. The ticket purchase is an opportunity for all parties involved to capitalize on fans’ demand for live music. As Bruce Springsteen’s controversial leap into dynamic pricing showed, leaving money on the table is an increasingly uncommon strategy in the modern music business.
Ticket prices occasionally get dragged into the argument, too. Politicians and consumers seem to want a form of price competition that doesn’t exist. Prices for an in-demand concert ticket won’t necessarily become more affordable if they’re sold at, say, StubHub rather than Ticketmaster. The laws of supply and demand say that prices for in-demand, scarce objects like a Swift concert ticket are going to be high no matter who’s selling them.
So, what tangible results might come from the calamitous The Eras Tour on-sale? Sen. Klobuchar’s letter points to customers’ desire for fair access to concert tickets. She asked Rapino, “Generally, what percentage of high-profile tour tickets are made available to the general public compared to those allocated to pre-sales, radio stations, VIPs, and other restricted opportunities?”
Klobuchar wants to know what percentage of tickets the average person has a realistic shot at getting without being the customer of a particular credit card, without buying high-priced VIP packages, without winning a radio station contest or without being a member of an artist’s fan club. In this case, Capital One is a sponsor of the Eras tour and offered a pre-sale to its customers.
But how do lawmakers regulate access? Do they establish rules that dictate what kind of marketing partnerships artists can and cannot establish? Would they tell American Express to stop giving such long-standing perks as pre-sale access and dedicated tickets to its credit card holders? If Congress really wanted to create a more level playing field for fans, they could do what the lawmakers in Victoria, Australia, did in 2021: pass a law that limits the resale value of a ticket to 110% of its face value. That could lower the number of resellers and bots clogging up Ticketmaster’s system for high-traffic on-sales like the Eras Tour. At the very least, price limits would bring a much-desired sense of fairness to the secondary market. Whether the U.S. Congress has the stomach to establish price controls on private companies remains to be seen.
A more likely outcome of the Eras Tour debacle is increased transparency. New York State legislators passed a law in June that improves transparency by requiring all-in pricing and prohibits revealing the ticket’s total cost — face value plus fees — after multiple clicks in a check-out process. The bill could have gone further: a requirement to disclose the percentage of tickets made available to pre-sales and VIPs was in an early form of the bill but not the final version.
But, again, are lawmakers willing to mandate such disclosures from private businesses? This would more likely be a voluntary disclosure done at the behest of the artist – Swift is exactly the kind of powerful artist who could persuade ticket sellers to reveal this information. Transparency wouldn’t immediately translate into greater access for the average fan, but it could fuel a larger conversation about how fans get access to concert tickets. That wouldn’t ease the pain of many Swift fans, but it would be a step forward.