Senate
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The Senate Judiciary Committee will hold a hearing on Jan. 24 at 10 a.m. EST examining the ticketing industry and Ticketmaster’s handling of the Taylor Swift ticket sale, Senator Amy Klobuchar‘s (D-MN) office announced.
Titled “That’s The Ticket: Promoting Competition and Protecting Consumers in Live Entertainment,” the hearing will look at accusations of anti-competitive behavior in the ticketing space and examine the history of the 2010 Department of Justice consent decree governing the merger of Live Nation and Ticketmaster.
The merger has long been criticized by members of both parties with Klobuchar recently identifying the Swift crash as an example of how “Ticketmaster’s power in the primary ticket market insulates it from the competitive pressures that typically push companies to innovate and improve their services.”
The Nov. 15 sale crash, which affected both Ticketmaster and its competitor SeakGeek, was the result of massive demand from Taylor Swift fans and an illegal bot attack, Ticketmaster wrote in a Nov. 15 blog post.
Klobuchar, who chairs the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, will be joined at the hearing by ranking member Mike Lee (R-UT) for the hearing before the full Senate Judiciary Committee with Chair Dick Durbin (D-IL) and incoming ranking member Lindsey Graham (R-SC).
“The issues within America’s ticketing industry were made painfully obvious when Ticketmaster’s website failed hundreds of thousands of fans hoping to purchase tickets for Taylor Swift’s new tour, but these problems are not new. For too long, consumers have faced high fees, long waits, and website failures, and Ticketmaster’s dominant market position means the company faces inadequate pressure to innovate and improve,” Klobuchar said in a statement. “At next week’s hearing, we will examine how consolidation in the live entertainment and ticketing industries harms customers and artists alike. Without competition to incentivize better services and fair prices, we all suffer the consequences.”
“American consumers deserve the benefit of competition in every market, from grocery chains to concert venues,” Lee added. “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.”
“It’s been more than a decade since Ticketmaster merged with Live Nation, and competition in the ticketing and live entertainment industries has only gotten worse. Too often, consumers are the ones who pay the price for this market failure,” said Durbin. “I look forward to this hearing to explore what led to this environment, as well as steps we can take to bring competition back to these industries in a way that puts fans and artists first.”
“I’m glad to see the committee will look into the Ticketmaster debacle,” said Graham. “I look forward to hearing more about how we got here, and identifying solutions.”
A witness list has not been released for the Jan. 24 hearing. A spokesperson for Ticketmaster did not comment when asked about the upcoming hearing.
The Recording Academy is celebrating a “major global victory” for music as the PEACE For Music Diplomacy Act passes through the House and the Senate as part of the 2023 National Defense Authorization Act (NDAA).
The Senate voted Thursday (Dec. 15) to approve the massive defense bill, which includes The PEACE (Promoting Peace, Education, and Cultural Exchange) Act. This follows the House’s bipartisan passage of the paperwork last week.
The Recording Academy has thrown its advocacy efforts behind the bill since it was first introduced January in the House by 2022 Grammys on the Hill honorees Rep. Michael McCaul and former Rep. Ted Deutch.
The act, it has been said, would use music and music-related global exchange programs as a tool to build cross-cultural understanding.
Specifically, the Recording Academy notes, the bill leverages partnerships with the private sector when designing and implementing its music-related exchange programs, and authorizes music-related exchanges that “advance peace abroad.”
At October’s District Advocate Day, almost 2,000 Recording Academy members met with Congressional reps to discuss pending legislation affecting creators, including the PEACE Through Music Diplomacy Act.
The behind-the-scenes advocacy work and passage of the bipartisan $858 billion defense bill is a reminder of “the power of music and its capacity to increase understanding between diverse cultures and people around the world,” comments Recording Academy CEO Harvey Mason jr.
The legislation is now on President Joe Biden’s desk awaiting his signature.
“The Recording Academy is grateful to Rep. McCaul, former Rep. Deutch, and Senators Leahy and Tillis for their support of this important legislation, and we look forward to championing future cross-sector partnerships that will allow music creators to promote peace across the globe.”
Read more here on the NDAA.
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.