Live nation
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A U.S. District Court judge is allowing a shareholder lawsuit against Live Nation to move forward, denying the concert promotion giant’s motion to dismiss it in a decision handed down Friday (Feb. 27).
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The case involves how much the company should have to disclose about ongoing public pressure from federal authorities and how much of its financial success it should attribute to its dominant market share in the concert industry — as opposed to demand for concert tickets or the strength of its business.
Shareholders Brian Donley and Gene Gress are suing Live Nation over drops in its share price from February 2022 to November 2023 that they say were brought on by the company’s “false and misleading statements and omissions” within its annual earnings reports — specifically regarding the company’s alleged “anticompetitive behavior and cooperation with regulators.”
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The lawsuit did not reveal any new antitrust allegations against Live Nation, nor did it detail any new antitrust investigations into the company by regulators. Attorneys for the shareholders instead focused on boilerplate language within the company’s shareholder report and argued that it should have spent more time talking about the threat a federal antitrust investigation posed.
In siding with the shareholders, Judge Kenly Kiya Kato took issue with how the company described its success, noting in a 13-page ruling that she believed that Live Nation’s “failure to include specific facts and details about their presence and control of the live entertainment industry” in its annual report didn’t paint the full picture. Kato wrote in her ruling that the company’s claim that 2022 revenue growth “was a reflection of the quality of the Ticketmaster platform and its continued popularity with clients across the globe” was “misleading” because it failed to mention that “Ticketmaster controls ticket distribution for over 70% of major concert venues,” and “77% of the top 100 amphitheaters worldwide.”
Kato also wrote that Ticketmaster’s claims that its success was based on the superiority of its ticketing systems was in part a false claim because it omitted criticism from competitors who testified against the company in front of the U.S. Senate in early 2023.
Since it merged with Ticketmaster in 2010, Live Nation has faced antitrust complaints over the company’s size and market share from competitors, politicians including Senators Amy Klobuchar and Richard Blumenthal, and consumer advocates. Scrutiny of the company increased in 2019 when officials with the Department of Justice opted to extend a decade-old consent decree against it, and then ramped up again following the high-profile 2022 crash of Taylor Swift’s Ticketmaster sale for her Eras Tour.
Since 2022, Live Nation has not been notified that it’s the subject of any legal action by the Department of Justice and has written in its annual disclosures that it cooperates with all federal and state authorities, operates in a highly competitive marketplace and attributes its revenue growth at the end of 2021 to an increase “in events and higher ticket sales.”
Attorney Laurence M. Rosen, representing several shareholders in the class action lawsuit, said Live Nation’s answers contradict June 2023 reports from Politico and CNBC that the company was “allegedly stonewalling” a Senate subcommittee led by Senator Blumenthal that was seeking documents from the company about how it operated its concerts division.
Live Nation countered that Blumenthal was misrepresenting the dispute, that it had already handed over thousands of documents and was contesting demands for confidential information that included private details about how much artists earned from touring. In its response to the Senate committee, the company argued it would only hand over the documents if confidentiality protections were put in place. While Live Nation’s attorneys viewed the disagreement as insignificant, Rosen argued that the objection meant the company was “not cooperating fully with the ongoing DOJ and Senate Subcommittee investigations,” an attorney for the shareholders wrote.
Live Nation declined to comment for this story.
If 2023 was the year of Taylor Swift, 2024 could be the year of the superfan.
While Swift’s The Eras Tour proved that music fans are willing to spend large sums and travel far to see their favorite artist, for years promoters have improved their revenues by selling premium experiences to concerts and festivals. Whether it’s dynamically priced seats close to the stage, VIP access or a revamped cocktail offering, there are more options for fans willing to pay more to enjoy the sights, sounds and hospitality of live music. Expect an even greater emphasis on this in the new year.
The focus on superfans isn’t confined to live music. The CEOs of Universal Music Group and Warner Music Group both started the year by highlighting a desire to better serve superfans. In the recent past, that may have meant NFTs and newfangled web3 offerings. Today, superfans buy multiple copies of albums (both LP and CD) and merchandise, often directly from the artist’s web store. Streaming services could soon be getting into the game, too, by offering “superfan clubs,” Spotify CEO Daniel Ek suggested in a Jan. 24 open letter.
But live music has a unique ability to upcharge for premium experiences — and add to companies’ bottom lines in the process. Tickets for superstar acts have proven to have remarkably resistant to price increases. In 2023, the average price of a Taylor Swift concert ticket on Stubhub was nearly $1,100. Drake, Morgan Wallen and Beyonce prices averaged about $450, $390 and $324, respectively.
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Emphasis on superfans makes sense in an era of higher priced primary tickets that capture value that would otherwise go the secondary market. Artists are increasingly willing to charge more up front rather than lose money to re-sellers. Still, the typical secondary ticket is still almost twice the price of a primary ticket, Live Nation president and COO Joe Berchtold said during the company’s earnings call on Thursday. Currently, about 9% of Live Nation’s amphitheater business comes from premium offerings such as VIP boxes, added president and CEO Michael Rapino. He thinks that should be 30% to 35% instead. To get those numbers, Live Nation is upgrading the concert experience.
This year, Live Nation plans to spend $300 million of its $540 million of capital expenditures on revenue-generating projects. The top four projects — including Foro Sol in Mexico City and Northwell Health at Jones Beach on Long Island — will account for $150 million of the $300 million. The other half includes several projects in the tens of millions of dollars such as VIP clubs, viewing decks, rock boxes and new bar designs, said Berchtold. Those “tactical improvements,” as he called them, can produce a return on investment in the 40–50% range.
Putting more emphasis on revenue-generating enhancements will boost the bottom line in 2024. Following a stadium-heavy touring slate in 2023, Live Nation will put more tours in owned and operated amphitheaters and arenas that allow the company to capture fan spending on parking and hospitality. Stadium shows have higher average ticket prices, Rapino explained, but amphitheater and arena shows produce higher per-person spending. In other words, the venues are smaller but have better margins for the promoter. As a result, Live Nation expects higher adjusted operating income in the second and third quarters. “We’re going to have a fabulous year,” said Rapino.
Dynamic pricing — seats closer to the stage are priced far above seats further away — is just getting started outside of the United States and presents “a great growth opportunity” as it expands from Europe to South America and Australia, said Rapino. There’s room for growth in the United States, too, as dynamic pricing extends beyond the top artists and into amphitheaters and other concerts. “We still think that’s a multi-year opportunity to continue to grow our top line plus [our] bottom line,” he said.
The price-conscious fan isn’t forgotten as concerts increasingly cater to big spenders. Live Nation offers a lawn pass for amphitheaters called Lawnie Pass — the 2024 edition costs $239 each and offers lawn admission to multiple shows at select amphitheaters — and sold an unlimited pass for select clubs called Club Pass in 2022. And company executives have repeatedly stated that a benefit of dynamic pricing is that higher prices for in-demand seats allow for lower prices for seats further from the stage.
But from live music to music streaming, companies are searching for ways to beef up their margins. As such, expect the market to continue segmenting into higher-value and lower-value fans.
Live Nation had another record year in 2023, topping the all-time highs reached in 2022 when artists hit the road in heavy numbers after COVID-19 restrictions shut down the touring business for most of 2020 and 2021.
The concert promoter and ticketing giant had revenue of $22.7 billion in 2023, up 36% from the prior year, thanks to record levels of attendance, ticket sales and sponsorships. Adjusted operating income (AOI) was $1.86 billion, up 32% year-over-year and double the AOI from 2019, the last full year before the pandemic.
As artists went on tour in record numbers, there was ample fan demand to soak up the increased supply of live music. Concert attendance climbed 20.3% to 145.8 million. Attendance in North America rose 16.6% to 81.3 million and international attendance spiked 25.4% to 64.5 million. The biggest attendance gains came from stadium shows — notably Metallica, Beyonce and Luke Combs — which grew 60% to 29 million. The number of concerts — individual shows and festivals — rose 15.3% to 33,629 in North America and 13.5% to 16,430 internationally.
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The rise of K-pop and Latin music, along with Live Nation’s Dec. 2021 acquisition of Mexican promoter OCESA, led to an increasingly international concert business. Live Nation’s top 50 tours had 50% more international acts in 2023 than five years ago, and additional international dates meant tours had 15% more shows on average.
“Our digital world empowers artists to develop global followings, while inspiring fans to crave in-person experiences more than ever,” said president/CEO Michael Rapino in a statement. “At the same time, the industry is delivering a wider variety of concerts which draws in new audiences, and developing more venues to support a larger show pipeline.
The concerts division’s full-year revenue increased 39% to $18.76 billion as demand increased across markets and venue types. At Live Nation’s owned and operated venues — branded as Venue Nation — attendance increased 13% to 55 million and ancillary per-person revenue had double-digit growth. At its amphitheaters, per-person spending increased 10% to over $40. Because Live Nation owns and operates those venues, its bottom line benefits from increased fan spending on items such as beverages, food and merchandise.
At Ticketmaster, revenue rose 32% to $2.96 billion and AOI improved 35% to $1.12 billion. Total fee-bearing gross-transaction value (GTV) rose 30% to $36 billion — North America GTV rose 26% while international GTV jumped 42%. The number of fee-bearing tickets sold increased 17% to over 329 million. New clients accounted for 21 million additional tickets old, with about 80% of those coming from international markets.
The sponsorship and advertising division’s revenue increased 13% to $1.1 billion and its AOI rose 14% to $675.1 million. Led by growth in beverage, technology and financial services sectors, Live Nation’s sponsorship business had over 100 partners with multi-million-dollar, multi-year commitments.
In the fourth quarter, historically a slow period compared to the spring and summer months, Live Nation’s revenue rose 36% to $5.8 billion. The concerts division’s revenue soared 44% to $4.87 billion. The company’s AOI rose 20% to $116.9 million in the quarter.
Looking ahead, “we expect all our businesses to continue growing and adding value to artists and fans as we deliver double-digit operating income and AOI growth again this year, with our profitability compounding by double-digits over the next several years,” Rapino added. Through mid-February, Live Nation has sold 57 million concert tickets, up 6% year-over-year, and Ticketmaster had $13 billion in fee-bearing gross-transaction-volume for events so far in 2024, a double-digit increase. In addition, the company has booked 75% of its expected sponsorship commitments, also a double-digit increase from the prior-year period.
Believe’s share price jumped 19.2% to 14.78 euros ($15.93) this week following Monday’s news that a consortium including founder/CEO Denis Ladegaillerie plans to take the company private at 15.00 euros per share. The scant difference between the offer price and Friday’s closing price suggests investors believe Ladegaillerie, along with investment funds EQT and TCV, is likely to get the deal done.
“Believe has a significant opportunity ahead to consolidate the independent music market and create the first global major independent,” Ladegaillerie said in a statement. But the consortium, which has 71.9% of outstanding shares, has a good distance to go. After the group obtains a 75% stake through already agreed-upon transactions with some shareholders, it will acquire regulatory approvals and the opinion of an independent expert before making a tender offer for the remaining shares.
The Billboard Global Music Index rose 1.4% to a record 1,659.96 as 13 of the index’s 20 stocks finished the week in positive territory. That brought the index’s year-to-date gain to 8.2%. Over the last 52 weeks, the index is up 29.4%.
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Thanks to Believe’s double-digit gain and improvements from some large companies such as Live Nation, CTS Eventim and Spotify, the Billboard Global Music Index outperformed many other indexes around the world. In the US, the Nasdaq composite and the S&P 500 declined 1.3% and 0.4%, respectively. South Korea’s KOSPI composite index rose 1.1% to 2,648.76. In the United Kingdom, the FTSE 100 gained 1.8% to 7,711.71.
U.S. stocks had an off week, rocked by news on Tuesday (Feb. 13) that U.S. prices rose 0.3% in January. That led investors to flee from stocks for fear that the higher-than-expected inflation figures would cause the Federal Reserve to keep interest rates high to cool the economy. Then on Thursday (Feb. 15), numbers from the U.S. Census Bureau showed that retail sales fell 0.8% in January, worse than the expected 0.3% decline and well below December’s 0.4% gain.
Spotify gained another 2.2% to $246.18, bringing its year-to-date gain to 31.0%. Live Nation shares improved 4.2% to $93.27 ahead of the company’s fourth-quarter earnings release on Feb. 22. Reservoir Media rose 8.6% to $6.96 a week after the company raised its guidance for full-year results and posted 19% revenue growth last quarter.
K-pop stocks have had a terrible start to 2024, though there was some improvement this week. SM Entertainment gained 9.7% to 80,100 won ($60.11), improving its year-to-date decline to 13%. HYBE, which is down 10.7% year-to-date, gained 4.3% to 208,500 won ($156.46). YG Entertainment rose 3.1% to 43,500 won ($32.64) but has fallen 14.5% in 2024. And JYP Entertainment managed a modest 0.7% gain, bringing its year-to-date deficit to 24.4%.
After a scoreless first quarter, the 49ers’ Christian McCaffrey got the first touchdown of the 2024 Super Bowl, taking San Francisco to a 10-0 lead over Kansas City in the second quarter — and who was right there in the Niners’ end zone to cheer him on? Jelly Roll and a crowd of fellow music stars all sitting in the Live Nation Field Club.
And that was just the first half: After the Chiefs tied it up 19-19 and took the game into overtime, the A-list party got to watch Kansas City march down the field and score the Super Bowl-winning touchdown in that same end zone, directly in front of them. Tate McRae shared a video of the Chiefs’ celebration on her Instagram Story with the caption “wowwwww,” while Kygo posted a video of the game-clinching touchdown in action.
Live Nation took over the field-level suites in the north end zone of Las Vegas’ Allegiant Stadium and brought together some of the biggest names in music across genres and labels to all watch the game with an unbeatable view. Jelly Roll — who caught up with Billboard behind the scenes at the Super Bowl — was the Field Club’s social butterfly, seen connecting with Machine Gun Kelly, Chad Smith of the Red Hot Chili Peppers, Nickelback’s Chad Kroeger, Twenty One Pilots, The Chainsmokers, Imagine Dragons’ Dan Reynolds and Kygo.
Jelly’s friend and collaborator Lainey Wilson was spotted catching up with her “wait in the truck” duet partner HARDY and also hanging out with McRae and The Kid LAROI, who in turn spent some time chatting with MGK.
Peso Pluma and Feid were seen hanging with Marco Antonio Solís, frontman for Los Bukis, who will kick off the first Spanish-language Las Vegas residency in May.
While hanging out with Bob Weir (who is about to start his own Vegas residency at Sphere with Dead & Company in May), the Chili Peppers’ Smith repped for his nearly-Super-Bowl-bound team by wearing a Detroit Lions hat in the Field Club. A couple of Billboard chart-topping duos — Josh Dunn and Tyler Joseph of Twenty One Pilots and Drew Taggart and Alex Pall of The Chainsmokers — were seen sharing a table.
Chloe and Halle Bailey filmed a TikTok from the Field Club soundtracked by Muni Long’s “Made for Me” (with the perfect opening line for the look-alike sisters: “Twin, where have you been?”).
Other stars spotted in the Live Nation Field Club: Post Malone (fresh off his Super Bowl performance of “America the Beautiful”), Travis Scott, Maren Morris, Lizzo, 21 Savage, Jared Leto, Backstreet Boys’ Kevin Richardson, Lil Nas X, H.E.R. (who was a surprise guest during Usher’s halftime show) and Zhu.
Below, find social posts from inside the Field Club, including the Bailey sisters; Jamil Davis of Revels Group alongside Scott and Pluma; and Miami nightlife entrepreneur David Grutman with Pluma, Jelly Roll and Live Nation CEO Michael Rapino.
As the music industry prepares to gather next week in Los Angeles for discussions on how to address climate change within the sector, a new initiative to better understand the scope of the challenge is underway.
On Monday (Jan. 29), MIT’s Environmental Solutions Initiative announced that it’s launching a comprehensive study of the live music industry’s carbon footprint. Co-funded and supported by Warner Music Group, Live Nation and Coldplay, the report will suggest solutions to reduce the environmental impact of live music events across all venue sizes, from, a statement says, “pubs and clubs to stadiums.”
Focused on the U.S. and U.K. markets, the partnership will begin with an initial research phase, with the resulting Assessment Report of Live Music and Climate Change expected to be complete by this July.
The report aims to provide a comprehensive assessment of the relationship between live music and climate change, to identify key areas where the industry and concertgoers can make tangible improvements to reduce emissions, to foster positive outcomes and to provide a detailed analysis of the latest developments in green technology and sustainable practices.
“I’m delighted that we will be working with our partners to co-create recommendations for a sustainable future in music,” says Professor John E. Fernandez, director of the ESI at MIT. “As well as jointly funding the research, I applaud the spirit of openness and collaboration that will allow us to identify specific challenges in areas such as live event production, freight and audience travel, and recommend solutions that can be implemented across the entire industry to address climate change.”
Coldplay has also committed to manufacturing all physical records for their forthcoming 2024 album from recycled plastic bottles, which a statement claims is the first initiative of its kind.
Coldplay is a longtime sustainability leader, with the band saying last June that its Music Of The Spheres tour has so far produced 47% fewer CO2e emissions than its previous tour and that it’s planted five million trees to date.
With fan travel being one of the biggest carbon emissions drivers in the music industry, in 2022 the band partnered with Live Nation and major public transportation providers to offer fans free or discounted rides to foster more sustainable travel. A study found that this initiative fostered a 59% average increase in public transport ridership on show days across four U.S. cities.
Madonna’s management team and Live Nation responded Wednesday to a high-profile lawsuit claiming the music legend harmed her fans by starting New York City concerts later than scheduled, disputing some allegations and saying they plan to “defend this case vigorously.”
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The response statement came after days of silence regarding the proposed class action lawsuit, in which two fans claim the star and the concert giant breached their contract with concertgoers and violated New York state laws by starting three December shows in Brooklyn more than two hours later than the scheduled.
In their joint statement, Madonna’s reps and Live Nation said that the just-completed European leg of her Celebration Tour had “received rave reviews” and vowed the fight back against the lawsuit’s allegations.
“The shows opened in North America at Barclays in Brooklyn as planned, with the exception of a technical issue December 13th during soundcheck,” Madonna’s reps and Live Nation said. “This caused a delay that was well documented in press reports at the time. We intend to defend this case vigorously.”
Ticket buyers Michael Fellows and Jonathan Hadden filed their case last week, claiming that the delays — starting at 10:30 pm rather than the scheduled 8:30 pm — caused real legal harm to ticket buyers who, among other things, “had to get up early to go to work” the next day.
“Defendants’ actions constitute not just a breach of their contracts … but also a wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices,” attorneys for the two men wrote in their complaint, filed in Brooklyn federal court.
The three concerts at Brooklyn’s Barclays Center, stops on Madonna’s Celebration Tour, were originally scheduled for July but rescheduled to December due to the singer’s illness. Fellows and Hadden said they expected their show (Dec. 13) to start on time, and “would not have paid for their tickets had they known that the concerts would start after 10:30 p.m.”
“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised,” attorneys for the two men wrote.
Leaving Barclays Center after 1:00 a.m., the two men claimed ticket buyers were “left stranded in the middle of the night,” some “confronted with limited public transportation” options and others with increased prices for ride-share services. They also pointed out that the concert took place “on a weeknight,” meaning they “had to get up early to go to work and/or take care of their family responsibilities the next day.”
Can fans really sue over that? When they formally respond in court, Madonna and Live Nation will probably challenge many of the lawsuit’s claims by arguing that concert fans are on notice that live events sometimes start a little later than scheduled. They could also point to contractual provisions in ticket contracts that could give performers some leeway for unexpected delays.
In addition to Madonna herself, the lawsuit also named Live Nation and Barclays Center as defendants. In technical terms, the complaint alleged breach of contract; violation of New York’s business practices and false advertising laws; and several other forms of wrongdoing, including unjust enrichment.
The lawsuit also included a claim of so-called negligent misrepresentation, saying the concert organizers “knew or should have known” that the concerts would not start at 8:30 because of alleged past instances of Madonna taking the stage late — and should have warned fans.
“Madonna has a long history of arriving and starting her concerts late, sometimes several hours late,” attorneys for Fellows and Hadden wrote. “This history occurred throughout her 2016 Rebel Heart Tour, her 2019-2020 Madame X Tour, and prior tours, where Madonna continuously started her concerts over two hours late.”
Attorneys for Fellows and Hadden did not return a request for comment on Wednesday’s response statement.
The Billboard Global Music Index — a diverse collection of 20 publicly traded music companies — finished 2023 up 31.3% as Spotify’s share price alone climbed 138% thanks to cost-cutting and focus on margins. Spotify is the single-largest component of the float-adjusted index and has one of the largest market capitalizations of any music company.
The music index was outperformed by the tech-heavy Nasdaq composite, which gained 43.4% with the help of triple-digit gains from chipmaker Nvidia Corp (+239%) and Meta Platforms (+194%). But the Billboard Global Music Index exceeded some other major indexes: the S&P 500 gained 24.2%, South Korea’s KOSPI composite index grew 18.7% and the FTSE 100 improved 3.8%.
Other than Spotify, a handful of major companies had double-digit gains in 2023 that drove the index’s improvement. Universal Music Group finished the year up 14.7%. Concert promoter Live Nation rode a string of record-setting quarters to a 34.2% gain. HYBE, the increasingly diversified K-pop company, rose 34.6%. SM Entertainment, in which HYBE acquired a minority stake in March, gained 20.1%.
A handful of smaller companies also finished the year with big gains. LiveOne gained 117.4%. Reservoir Media improved 19.4%. Chinese music streamer Cloud Music improved 15.8%.
The biggest loser on the Billboard Global Music Index in 2023 was radio broadcaster iHeartMedia, which fell 56.4%. Abu Dhabi-based music streamer Anghami finished 2023 down 34.8%. After a series of large fluctuations in recent months, Anghami ended the year 69% below its high mark for 2023. Hipgnosis Songs Fund, currently undergoing a strategic review after shareholders voted against continuation in October, finished the year down 16.6%.
Sphere Entertainment Co., which split from MSG Entertainment’s live entertainment business back in April, ended 2023 down 24.4%. Most of that decline came before the company opened its flagship venue, Sphere, in Las Vegas on September 29, however. Since U2 opened the venue to widespread acclaim and earned Sphere global media coverage, the stock dropped only 8.5%.
For the week, the index rose 1.1% to 1,534.07. Fourteen of the index’s 20 stocks posted gains this week, four dropped in price and one was unchanged.
LiveOne shares rose 15.7% to $1.40 after the company announced on Friday (Dec. 29) it added 63,000 new paid memberships in December and surpassed 3.5 million total memberships, an increase of 29% year over year. iHeartMedia shares climbed 14.6% to $2.67. Anghami continued its ping-pong trajectory by finishing the week up 16.9%.
SiriusXM’s announcement that it planned to merge its stock with Liberty SiriusXM Group, a tracking stock of Liberty Media, helped the SiriusXM share price climb 16.4% to $5.40 this week after it lagged for much of 2023. Friday’s high mark of $5.78 nearly brought the stock back to where it ended 2022, at $5.84 per share.
The deal, which requires regulatory approval and is expected to be completed in the third quarter of 2024, “will create value for all stockholders by eliminating the tracking stock structure, enhancing liquidity and allowing former LSXM stockholders to participate directly in the ongoing performance of SiriusXM,” said Greg Maffei, Liberty Media president/CEO, in a statement released Tuesday (Dec. 12).
Elsewhere, Live Nation climbed 9.2% to $93.00 this week thanks in part to an investor note by Morgan Stanley analysts that raised the price target to $110 from $100. Analysts pointed to a “secular shift” in consumer spending on experiences, the company’s increased disclosure about its Venue Nation business and a “highly unlikely” chance the Department of Justice will break up the company following its antitrust probe. Morgan Stanley’s $110 price target implies the stock, which is up 33.4% year to date, has 18% upside after Friday’s close.
Those big gains from SiriusXM and Live Nation, as well as a 4.1% gain from Universal Music Group, one of the index’s most valuable components, helped the Billboard Global Music Index increase 2.2% this week to a record 1,522.78. Nine of the index’s 20 stocks finished the week in positive territory, 10 stocks lost ground and one was unchanged.
Other indexes soared this week after the U.S. Federal Reserve held interest rates unchanged on Wednesday (Dec. 13) and indicated it would cut interest rates three times in 2024. The tech-heavy Nasdaq composite set a record closing price of 14,813.92 on Friday, marking a 2.8% gain for the week. The S&P 500 is still 2% away from its high mark after finishing the week up 2.5% to 4,719.19. In the United Kingdom, the FTSE 100 rose 0.3% to 7,576.36. South Korea’s KOSPI composite index gained 1.8% to 2,563.56.
The Billboard Global Music Index’s second-largest increase came from Reservoir Media, which gained 15% to $6.82. The stock’s $6.89 closing price on Thursday was its highest since $7.06 on Feb. 16 and is 31.4% above its 52-week low of $5.19 set on Aug. 10. Chinese music streamer Tencent Music Entertainment gained 8.0% to $8.88.
Hipgnosis Songs Fund gained 4.9% to 0.701 pounds ($0.89) after the company announced on Monday (Dec. 11) the sale of 20,000 non-core music assets for $23.1 million. The proceeds will be used to pay down its revolving credit facility. On Friday, the company also announced the appointment of Christopher Mills as an independent non-executive director effective immediately. Mills, who has a reputation as an activist investor, is CEO/investment manager of North Atlantic Smaller Companies Investment Trust and founded Harwood Capital Management in 2011. Following the news, Hipgnosis Songs Fund shares rose 2.3% on Friday.
Music streaming company Anghami dropped 30.4% to $0.94, bringing its three-week decline to 66.5%. Other than Anghami, however, no other stock finished the week with a loss greater than 5%. iHeartMedia fell 4.9% to $2.52 and MSG Entertainment dropped 3.2% to $31.16.
A Taylor Swift fan who filed a class action against Ticketmaster parent Live Nation in the wake of last year’s disastrous presale of tickets to the Eras Tour has agreed to drop her case against the concert giant, months after attorneys on the case said they were engaged in settlement talks.
Swift fan Michelle Sterioff filed her case in December 2022 just weeks after the botched Eras rollout, which saw widespread service delays and website crashes as millions of fans tried – and many failed – to buy tickets. At the time, her lawyers blasted Live Nation as a “monopoly” that had “knowingly misled millions of fans.”
But a year later, Sterioff voluntarily asked a federal judge on Tuesday to dismiss her case. It’s unclear if a settlement was reached, but the two sides reported in August that they were engaged in “ongoing settlement discussions.” Neither side immediately returned requests for comment.
Sterioff’s proposed class action was just one piece of the legal fallout for Live Nation following the error-plagued pre-sale for Eras, which went on the earn hundreds of millions of dollars and dominate headlines as 2023’s biggest concert tour.
After the Nov. 22, 2022 incident, Live Nation quickly apologized to fans and pinned the blame on a “staggering number of bot attacks” and “unprecedented traffic.” But lawmakers in Washington and state attorneys general around the country quickly called for investigations. That included Sen. Amy Klobuchar (D-Minn.), the chair of the Senate subcommittee for antitrust issues, who suggest that regulators consider “breaking up the company” – a reference to Live Nation’s 2010 merger with Ticketmaster.
Days after the incident, the New York Times reported that DOJ had already been investigating Live Nation for months over potential antitrust violations, reaching out to venues across the country to ask about the company’s conduct. Last month, Reuters reported that the probe was ongoing, with federal investigators focusing on whether Live Nation imposed anticompetitive agreements on venues. A Senate subcommittee investigation is also underway, sending out subpoenas last month demanding info about the company’s “failure to combat artificially inflated demand fueled by bots in multiple, high-profile incidents.”
Taylor Swift performs onstage for night three of Taylor Swift | The Eras Tour at Nissan Stadium on May 07, 2023 in Nashville.
John Shearer/TAS23/Getty Images for TAS Rights Management
Sterioff’s case was one of two major class actions filed against Live Nation over the Eras ticket rollout. In her complaint, she accused the company of violating consumer protection and antitrust laws, calling Ticketmaster a “monopoly that is only interested in taking every dollar it can from a captive public.”
“Because Ticketmaster has exclusive agreements with virtually all venues capable of accommodating large concerts, Taylor Swift and other popular musicians have no choice but to sell their tickets through Ticketmaster, and their fans have no choice but to purchase tickets through Ticketmaster’s primary ticketing platform,” her lawyers wrote.
Sterioff’s lawsuit claimed that Live Nation has exploited that dominance to charge “ever more supracompetitive ticketing fees for both primary and secondary ticketing services,” including for “virtually all venues hosting ‘The Eras’ Tour.”
But the lawsuit has largely been paused for months. In August, both sides agreed that it would be better to wait to litigate the case after a federal appeals court rules on a separate antitrust lawsuit against Live Nation, which will decide whether the company can force ticketbuyers to resolve such legal claims in private arbitration rather than open court.
The other class action over the Eras debacle, filed by an outspoken fan named Julie Barfuss and more than two dozen other spurned Swifities, remains pending in California federal court. In her complaint, Barfuss went even further than Sterioff, claiming Live Nation had tacitly allowed the kind of mass-scalping that caused so many problems during the pre-sale.
“Ticketmaster has stated that it has taken steps to address this issue, but in reality, has taken steps to make additional profit from the scalped tickets,” Barfuss’ lawyer wrote. “Instead of competition, Ticketmaster has conspired with stadiums to force fans to buy more expensive tickets that Ticketmaster gets additional fees from every time the tickets are resold.”