ticketmaster
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Ticket fees have been called everything from “exorbitant” (Sens. Richard Blumenthal and Amy Klobuchar) to “completely bats—” (Last Week Tonight with John Oliver). And they can increase the price of a concert ticket by an average of 27-31%, according to a 2017 study by the U.S. Government Accountability Office.
Unfortunately for ticket buyers, those fees aren’t going anywhere quickly. They may change or disappear completely, but consumers won’t reap any savings in the end, Live Nation CEO Michael Rapino explained during Live Nation’s fourth quarter 2022 earnings call on Thursday.
Say, for example, a venue is prohibited from charging fees on top of a ticket’s face value. “Well, then the venue would say, ‘Okay, artists, the rent isn’t $50,000 anymore. It’s $100,000,’” Rapino said.
The ticket fee is a surcharge that helps cover a venue’s costs. Rapino’s point is that the venue needs to cover its costs, so it’s going to collect money to cover them, no matter what. In a normal scenario, the consumer helps cover those costs by paying a surcharge directly to the venue.
If fees were eliminated, artists — who are the final authority on primary ticket prices — would be forced to raise them to cover the additional cost. The surcharge may have disappeared, but that cost would still exist in the form of a higher face value. Regardless of the approach, the consumer’s expense and the venue’s revenues would be unchanged.
“The true cost of going to a show and making the show happen is the full price all-in,” said Rapino. The concept is apparent to anybody who has pondered how airlines set prices. If airlines charged an all-in fee that encompassed all its costs, ticket prices would be dramatically higher. Legislation that banned fees for checked baggage could result in higher prices for everything from flight themselves to in-flight beverages. Airlines that previously allowed free carry-on bags might start imposing fees on those. They could also charge more to change your travel plans (which used to cost the consumer nothing).
Rapino acknowledged that Live Nation, which owns and operates venues, would do the same. “If tomorrow someone said, ‘You know, you can’t charge 20% service fees on your amphitheater, you have to [charge] 10%.’ Well, then the $75,000 house rent that we charge artists would be $100,000,” he said as an example. Live Nation couldn’t simply absorb the cost, he explained. Since the company requires money to pay staff and operate the venue, it would find a way to recoup the lost fees.
While what consumers pay won’t change, they may get more transparency. In the wake of Ticketmaster’s disastrous Taylor Swift Eras Tour pre-sale, President Joe Biden unveiled an initiative to limit, among other types of fees, mandatory, back-end fees that “often hide the full price” of a good or service. The White House pointed to research that found hiding the full price encourages consumers to spend more than they would have otherwise.
Live Nation has also come out publicly — and forcefully — against hidden fees. On Thursday, Rapino called numerous times for the industry to adopt all-in pricing that show the ticket buyer a single price at the beginning of the transaction. Also on Thursday, Live Nation issued a press release that encouraged lawmakers to introduce legislation that includes, among other things, mandatory all-in pricing.
The uproar against Live Nation and Ticketmaster over ticket fees is just one of many criticisms to gain momentum in recent months. Some members of Congress have called Live Nation a monopoly that limits competition in the touring business and harms consumers by charging high prices and leaving some unable to purchase tickets for in-demand concerts like Swift’s Eras tour. Many inside and outside of Washington have called for the Department of Justice to break up the company’s concert promotion and ticketing operations. On Thursday, Sens. Klobuchar and Mike Lee sent evidence of the Jan. 24 Senate hearing on the ticketing market to the Department of Justice and encouraged its antitrust division “to take action if it finds that Ticketmaster has walled itself off from competitive pressure at the expense of the industry and fans.” Others have suggested Ticketmaster improve its security practices to deal with the bot attacks that derailed Swift’s pre-sale.
Ticketmaster may be most reviled for its fees, though. And as Rapino pointed out, those aren’t going away anytime soon.
If you’ve been trying to figure out the best strategy to score some tickets to Beyoncé‘s upcoming North American tour, don’t believe the hype. Specifically, don’t buy into the rampant rumors on Twitter from fans claiming that you can nab presale codes by buying a “Cuff It” remix from Bey’s official website.
“This is categorically false,” the singer’s longtime spokesperson, Yvette Noel-Schure tells Billboard.
“I JUST BOUGHT BOTH VERSIONS OF CUFF IT WETTER REMIX ON [link] AND I GOT THE PRESALE CODE TO THE RENAISSANCE WORLD TOUR. BUY TO GET YOURS TOO!,” tweeted one fan, while another claimed they uncovered a similar cheat code in a tweet that read, “People who buy the cuff it remix are most likely to get a presale code and get chosen for lottery at the Renaissance tour. Go hive!!”
At press time it was unclear where the rumor came from or who started it, but it makes sense that the singer’s superfans would be searching high and low for any angle on tickets to the Renaissance Tour.
The first 40 dates of the tour were announced last week, followed by an additional seven shows in Toronto; Chicago; Washington, D.C.; Atlanta; Houston; Los Angeles; and East Rutherford, N.J. If you want to be in the building for one of the most anticipated tours of 2023 the first step is to register for Ticketmaster’s Verified Fan, though registering doesn’t automatically secure you a spot.
According to Ticketmaster, a “lottery-style” process will be used to determine which Verified Fans will receive access codes to purchase tickets while others will be waitlisted. Citi cardmembers can get exclusive access to presale tickets upon registering here until Thursday (Feb. 9.); the first group of Verified Fan presale tickets went on sale on Monday.
Because of the new dates announced last week, the Verified Fan registration for Group A ended at noon last Friday. Registration for Group B will be open until Thursday at 11:59 p.m. ET. Group B registration includes shows in Boston, Dallas, Miami, San Francisco, Seattle, Minneapolis and Tampa. Group C registration ends Feb. 16 at 11:59 p.m. ET and includes shows in Charlotte, Detroit, Phoenix, St. Louis, New Orleans, Philadelphia, Louisville, Pittsburgh, Nashville and Kansas City, Mo. Tickets to the Renaissance Tour are also available on Vivid Seats.
Now the bad news.
“Fan demand already exceeds the number of tickets available by more than 800 percent based on the registration numbers in the Group A cities,” read a statement from Ticketmaster after the initial presale. “It is expected that many interested fans may not be able to get tickets because demand drastically exceeds supply.”
As the first tickets for Beyoncé‘s eagerly anticipated Renaissance world tour begin to roll out, the Senate Judiciary Committee issued a strong warning to Ticketmaster: “we’re watching.” The tweet from the Democrat members of the committee issued on Thursday afternoon (Feb. 2) included a clip from a CNN report about the Beyhive keeping a close eye on the ticketing giant in the wake of the disastrous roll-out of tickets for Taylor Swift’s Eras Tour.
The tweet came just hours before NPR reported that the initial roll-out of Renaissance tour tickets in the UK on Thursday morning had already led to fear from superfans that they may not get to see the show. With pre-sales beginning in England, NPR spoke to several fans who said that a combination of high prices — up to a reported $2,400 for some seats — and a reported snag in the ticketing system that knocked it offline 15 minutes before sales started has already led to some frustration in the Beyhive.
“Because this is a Beyonce solo show, and it’s her first one in seven years, the demand is going to be really, really high,” BBC music correspondent Mark Savage told NPR, adding that in addition to reportedly going down for a period, Ticketmaster’s system was “inaccessible for a lot of fans until all of the tickets were gone.”
At press time a spokesperson for Ticketmaster had not returned a request for comment on the Judiciary Committee tweet or the NPR report.
Ticketmaster’s president/CFO Joe Berchtold appeared before the Senate Judiciary Committee last week to defend the company over the high-profile Swift ticketing mess, with witnesses calling for drastic action to break up what they claim is a monopoly. Ticketmaster issued a formal apology to Swift and her fans after the chaotic ticket sale process for the 2023 Eras tour, in which the system crashed shortly after launch as 14 million fans and billions of bots flooded the site during the presale, causing service disruptions.
Tickets for the U.S. Beyoncé dates are slated to go on sale on Monday (Feb. 6) after Bey recently added more dates at seven North American stadiums due to high demand. Second shows have been tacked on in Toronto on July 9, Chicago on July 23, East Rutherford on July 30, Washington, DC on August 6, Atlanta on August 12, Los Angeles on September 3 and Houston on September 24.
According to a press release from Live Nation, fan demand for Renaissance seats has already exceeded the number of available tickets by more than 800% based on current registration numbers. However, even with these added dates, “it is still expected that the majority of interested fans will not be able to get tickets because demand drastically exceeds supply.”
See the Judiciary Committee’s tweet below.
President Biden urged Congress to “crack down on excessive online concert, sporting event, and other entertainment ticket fees” on Wednesday (Feb. 1), according to a statement from the White House. Biden’s call for action came roughly a week after Live Nation Entertainment faced scathing critiques from both Democratic and Republic senators during a Senate Judiciary hearing.
Speaking with his competition council, Biden said that Congress “should lower the huge service fees that companies like Ticketmaster slap onto tickets for concerts or sporting events that can easily add hundreds of bucks to a family’s night out,” according to The New York Times. “It’s a basic question of fairness,” he added.
President Biden’s interest in curbing ticket fees is part of the Junk Fee Prevention Act, which he discussed with his competition council Wednesday. The act takes aim at four types of excessive fees that cumulatively “cost American consumers billions of dollars a year.”
“Many online ticket sellers impose massive service fees at check-out that are not disclosed when consumers are choosing their tickets,” the White House noted in a statement. These fees make attending live events prohibitively expensive in some cases: “A family of four attending a show could end up paying far more than $100 in fees above and beyond the cost of the tickets.”
As a result, “the President is calling on Congress to prohibit excessive fees, require the fees to be disclosed in the ticket price, and mandate disclosure of any ticket holdbacks that diminish available supply.”
In addition to limiting ticket fees, the Junk Fee Prevention Act also aims to eliminate “airline fees for family members to sit with young children,” “exorbitant early termination fees for TV, phone, and internet service” and “surprise resort and destination fees.”
Ticket fees were just one of several topics that came up during the Senate Judiciary hearing last month, which also explored the Taylor Swift ticket sale fiasco, whether Live Nation bullies its competitors and the extent to which the company acts as a monopoly. Joe Berchtold, Live Nation’s president and chief financial officer, told lawmakers that his company wasn’t as powerful as critics were making out and argued that “ticketing has never been more competitive.”
The hearing almost immediately caused ripples in the live music industry. The following day, Ineffable Music Group announced that it would no longer collect 20% of touring artists’ merchandise sales at the 10 venues it owns or operates. “Any action we can take to help to insure a healthy, vibrant concert ecosystem is important,” Ineffable Music Group CEO Thomas Cussins told Billboard at the time.
In December, Barclays Center and BSE Global chief executive Sam Zussman arranged a meeting with officials at SeatGeek and offered the ticketing company an ultimatum: Either terminate the seven-year contract they signed with his predecessor, John Abbamondi, the year before, or else Zussman would publicize SeatGeek’s tech failures as they happened, multiple sources tell Billboard.
SeatGeek quietly complied and the ticketing company’s third NBA contract would come to an end, losing one of New York’s most popular venues. Starting this month, all new concerts at the arena are now ticketed by the team’s previous ticketing provider, Live Nation’s Ticketmaster — the world’s biggest ticketing service — under a deal term that runs for three to five years, according to sources familiar with the situation.
“The Barclays Center team met with our execs to figure out a way to amend the contract which would offer us the ability to continue ticketing the teams, but not third party events,” a SeatGeek spokesperson told Billboard in a statement. “Several months later we offered Barclays the opportunity to simply end the agreement, in consultation with our other clients, on good terms.”
A separate statement from Barclays Center confirmed that BSE Global and SeatGeek’s partnership would “wind down” beginning with the New York Liberty’s 2023 season in May. “SeatGeek provided our fans with a first-class gameday ticketing experience,” the statement reads, “and we’re appreciative of the time and energy they put into our work together.”
“They Just Aren’t Designed for High-Demand Ticket Sales”
A Barclays Center representative would not comment on the reason behind the arena’s dramatic turn face, or why Zussman had been frustrated with SeatGeek’s fulfillment of its contract — most ticketing agreements have clearly defined “service level agreements” governing response expediency and site uptime — but an incident from October 2021 provides insight into the issues SeatGeek may have been struggling to rectify.
Booking agents Jared Arfa and Marsha Vlasic at Artist Group International whose agency represents New York indie rock icons The Strokes, claim SeatGeek mishandled an October 2021 presale that cost the group several hundred thousand dollars. That concert, originally scheduled for Dec. 31, 2021, was postponed to April 2022 due to concerns over the omicron COVID-19 variant and ended up selling 13,548 tickets and grossing $1.57 million. That total was 2,000 tickets and $400,000 less than the band’s 2019 New Year’s Eve show at Barclays Center, which Arfa and Vlasic blame on SeatGeek’s user interface— not The Strokes’ popularity.
“They just aren’t designed for high-demand ticket sales, like concerts,” says Arfa, who describes SeatGeek as “a secondary ticketing company that dabbles in primary ticket sales” and struggled during large sales. “There’s things that we have become accustomed to in the music business that SeatGeek can’t do that as well.”
By contrast, says one prominent Brooklyn concert promoter familiar with both ticketing systems, “Ticketmaster has a ton of marketing power and reach in New York” through its huge email lists, search engine optimization and decades of work in the city. “For better or worse,” the booker adds, “Ticketmaster sells the most tickets in New York hands down.”
This wasn’t a one-time instance, either. Sources tell Billboard that concert promoters S2BN booked and then cancelled a Genesis 2022 tour date for Barclays Center due to issues with SeatGeek. The show, which was to be a surprise fourth New York date of the band’s Last Domino run (Genesis played two nights at Madison Square Garden and one at UBS Arena in Belmont), suffered from technical issues after going on sale and never came close to hitting the promoter’s sales goals.
The SeatGeek Deal Points
SeatGeek officials dispute the claims about problems with their system, telling Billboard in a lengthy statement, “Being the fastest growing tech company and a newer entrant to the primary ticketing space, SeatGeek is unencumbered by legacy technology, historical relationships, and outdated biases, allowing us to invest where the most impact can be felt.”
“In the last twelve months,” SeatGeek’s statement continues, “we’ve bolstered our entertainment team with key hires and have completely revamped our entertainment product offering, including making a number of fan-friendly strides in how we handle onsales, from utilizing state-of-the-art 3D view-from-seat imagery to providing ‘similar seat’ recommendations when multiple customers are vying for the same inventory.” The changes have resulted in “resounding appreciation from both AEG and Live Nation’s teams.”
Abbamondi signed the SeatGeek deal in 2021 with a $10 million signing package, sources say, that included cash, savings on the fees SeatGeek charged and a lucrative sponsorship agreement. The contract was seen as a means of helping reduce owner and Alibaba co-founder Joe Tsai’s $50 million to $100 million annual losses operating the team and arena since he bought out majority owner Mikhail Prokhorov in 2019. Just seven months later, however, Tsai agreed to accept Abbamondi’s resignation, despite the executive signing a record number of sponsorship agreements for the Nets that brought in an additional $30 million in annual revenue.
For SeatGeek, one of the largest ticket resale services in North America, the Barclays Center deal marked a major win in the company’s move from secondary ticketing into the primary, direct-to-consumer ticket business. Partnering with venues for primary ticketing services also drives significant traffic to SeatGeek’s secondary marketplace. That’s because ticket buyers don’t generally know if they are buying tickets from the team or from a reseller, since all primary and secondary tickets are listed together without any differentiation. The company’s other clients include the NBA’s New Orleans Pelicans and Cleveland Cavaliers, the NFL’s Dallas Cowboys and Arizona Cardinals, most of Major League Soccer and a growing number of Broadway theaters due to an alliance with Shubert Tickets.
Ticketmaster Regains Control
Ticketmaster has been under scrutiny this week, following a high-profile hearing before the U.S. Senate Judiciary Committee on Tuesday, examining competition in the ticketing industry and the company’s disastrous Nov. 15 ticket sale for Taylor Swift’s record-breaking The Eras tour. SeatGeek chief executive Jack Groetzinger testified during the hearing that Live Nation and Ticketmaster’s 2010 merger should be unwound due to a monopolistic behavior, saying it “it stifles competition completely.” (He was not, however, asked about his company’s own outages selling tickets to five of the concert dates for which the company has exclusive deals — including one reported instance where it charged a woman’s credit 14 times for $9,000 in total.) With Barclays Center’s move back to Ticketmaster, and the opening of the UBS Arena in late 2021, Ticketmaster now tickets all four of New York’s major arenas.
Barclays Center’s switch is likely to be examined by the Department of Justice, which monitors Ticketmaster as part of a 13-year-old consent decree dating back to Live Nation’s 2010 merger with Ticketmaster. One area of inquiry will likely be the drop in the number of concerts brought to Barclays Center in 2022, compared to 2019, the last full year of concerts prior to the COVID-19 pandemic.
Six months after signing with SeatGeek, Barclays Center saw the number of especial events and concerts at the building drop 13% from 2019 to 2022. The number of Live Nation concerts at the building fell 23% compared while the revenue generated from those Live Nation 2022 shows — $14.6 million — was less than half of the $31 million Live Nation concerts generated at Barclays Center in 2019.
The precipitous drop in Live Nation content, if done to retaliate against the venue for signing with Ticketmaster, could be a serious violation of the consent decree and could be grounds for challenging the merger in court.
Billboard found that other major buildings experienced similar fluctuations, though, including Madison Square Garden, which saw its total show count from 2019 to 2022 drop 11%. Revenue from Live Nation touring shows dropped 20% during that same period, while the number of touring shows brought to the arena was only down 2%. The 02 Arena in London, Scotiabank Arena in Toronto and FTX Arena in Miami each also experienced double-digit event night declines at their venues in 2022 compared to 2019.
The arena shows that Live Nation did bring to Barclays Center were some of the company’s most popular tours, according to Boxscore data, including Kendrick Lamar ($3.7 million gross), My Chemical Romance ($4.4 million gross) and Arcade Fire ($1.3 million gross). Barclays Center was also likely impacted by the opening of the OVG-managed UBS Arena, which booked $50 million in shows in 2022. Often the opening of a new venue can temporarily affect older venues as touring shows line up to be among the first to play the new facility. Barclays Center was able to make up for much of the loss caused by the decrease in Live Nation shows with higher grossing events from other promoters. By doing so, executives were able to minimize the venue’s drop in revenue from 2022 to 2019 to a difference of only $2 million, according to Boxscore data. Among those were Elton John’s March 1-2 concerts that generated $4.9 million in sales and Tame Impala’s March 14-15 shows that generated $1.9 million in sales, both promoted by AEG Presents. As well, Bad Bunny’s March 19-20 dates from Latin promoter Henry Cardenas generated more than $7.9 million in sales.
Looking ahead to 2023, Barclays Center already has three of the year’s biggest shows on the books – Madonna, as well as Blink-182 and Bruce Springsteen. Blink and Springsteen are both Live Nation tours booked at the venue prior to the switch back to Ticketmaster.
Could Taylor Swift be responsible for breaking up Live Nation and Ticketmaster?
For anyone watching the three-hour U.S. Senate Judiciary Committee hearing Tuesday, aside from frequent quotes of her lyrics, the connection between the pop star and the politicians’ probe is probably starting to feel tangential. And despite Live Nation president and CFO Joe Berchtold’s efforts to shift blame for Swift’s disastrous (yet record-breaking) ticket sale from Ticketmaster to scalpers and bots, most everyone else involved was focused on the m-word — monopoly.
The senators’ line of thinking is that if the Live Nation-owned platform didn’t have such market dominance (around 80% of large venues in the U.S. have exclusive Ticketmaster deals), greater competition would force the company to innovate and improve its services — potentially avoiding the kinds of issues that spoiled the Swift sale last November. But while disruptions to Swift’s highly anticipated North American Eras tour caused such a commotion that Sen. Amy Klobuchar (D-Minn.) felt compelled to call this hearing, by Tuesday it seemed only Berchtold wanted to explore the immediate problems that brought down the sale.
Instead, the lawmakers see taking on Ticketmaster as a winning political issue and an opportunity to reach constituents who have long complained about the ticketing giant. During the hearing, for example, Klobuchar railed against high ticket prices, saying, “To have a strong capitalist system, you have to have competition.” But would competition in ticketing actually drive down ticket prices when it’s the artists who set the price, as Berchtold said, and not Ticketmaster?
For the senators, it hardly matters. Perception is reality and poor perception could lead to serious issues for Live Nation and Ticketmaster. Whether or not the companies’ dominance is a problem in the market, Ticketmaster is widely so despised that it has clearly become an easy target for rare bipartisan political action propelled by incredible public support.
About an hour into the hearing, Sen. Richard Blumenthal (D-Conn.) laid out a potential path for Democrats in the Senate, potentially with support from Republicans, to force Live Nation into divesting its holdings in Ticketmaster.
Since merging in 2010, the combined companies have been operating under a consent decree, promising not to leverage Live Nation’s touring content in a way that would punish venues for not signing up for Ticketmaster’s services. A Department of Justice intervention, in which the assistant U.S. attorney for antitrust goes to a federal judge with evidence “of monopolistic and predatory abuses,” Blumenthal said, would be the most obvious path toward an intervention forcing Live Nation to divest Ticketmaster. There’s recent precedent for this, too. In 2019, the DOJ punished Live Nation for the six violations by extending the term of the decree five years and forcing the company to pay the reimbursement of millions in investigatory and litigation costs. The DOJ also appointed an independent monitor and required Live Nation to install an internal antitrust compliance officer. If the DOJ caught Live Nation violating the decree again, the government would have a strong case to take before the government showing that the consent decree wasn’t effective and that the merger would have to be unwound.
Hinting that DOJ anti-trust attorneys appointed by Biden are once conducting another review of the company’s compliance with the consent decree, Blumental warned that any violations found during the current review would be grounds for splitting the company in two.
“If the Department of Justice uncovers violations of the consent decree,” Blumental said, “unwinding the merger ought to be on the table.”
Other senators during the committee threatened to take legislative action if the DOJ didn’t do something about Live Nation and Ticketmaster’s combined strength. Government witness Kathleen Bradish, vp for legal advocacy at the American Antitrust Institute, however, testified that any legislative remedy — like legislation to enhance and clarify U.S. antitrust laws and a regulatory framework to clean up the mostly unregulated ticketing market — would have to be coupled with strong antitrust enforcement action through existing antitrust law in order to break up the company.
Even if there is the political will to unwind Live Nation and Ticketmaster, that outcome is likely still a long shot. Still, even if the companies survive the DOJ probe and can eventually end the consent decree, it’s difficult to see how they repair their image going forward. To most senators on the panel, the company is an illegal monopoly openly operating in defiance of the world’s most powerful legislative bodies. And to most aggrieved fans, it’s screwing up their ticket buying and gouging them to see their favorite acts.
Inspired by the testimony of the band Lawrence and the struggles it faced as an independent act during Tuesday’s Senate Judiciary hearing on Ticketmaster, Ineffable Music Group CEO Thomas Cussins decided it was time to take action.
“After about an hour watching the hearing, I grabbed the phone and started calling the venues we owned and operated,” says Cussins. His message to on-the-ground managers at California venues including The Catalyst and the Atrium at the Catalyst in Santa Cruz, the Ventura Music Hall in Ventura and Cornerstone in Berkeley: no more merch fees for bands.
Effective immediately, all 10 venues owned and/or operated by Ineffable Live — also including the Golden State Theatre in Monterey, Calif.; Fremont Theater in San Luis Obispo, Calif.; Felton Music Hall in Felton, Calif.; the Mystic Theatre in Petaluma, Calif.; Arcata Theatre Lounge in Arcata, Calif.; and the Chicken Box in Nantucket, Massachusetts — will no longer collect a 20% venue cut from touring artists selling their merchandise at Ineffable venues.
The decision will cost the company “several hundred thousand” per year in revenue, Cussins estimates. but “hopes to make it up via a healthier concert ecosystem,” he adds, noting that the merch fee that venues charge artists is often the one thing touring bands say they most want to see changed about the club and theater circuit.
When bands go on tour, their revenue streams are almost exclusively a share of ticket sale revenue and band merchandise sales. In addition, expenses for travel, production and health insurance have increased significantly, as have the costs associated with printing and shipping t-shirts and other merchandise.
On a good night, an independent touring band with a loyal fan base can sell $5,000 to $10,000 in merch at a 500-cap show. Eliminating the venue fee can save some groups $1,000 to $2,000 per night, Cussins says. That can make a big difference in a business where the margins in merchandise are vital to the economic feasibility of touring. The more diverse a band’s income streams are, Cussins says, the less reliant they’ll be on tour guarantees.
“We are on the ground and hearing from artists every day,” says Cussins. “We are seeing how much the costs of everything have gone up — from buses to hotels to flights. So even though the club business is a marginal business, any action we can take to help to insure a healthy, vibrant concert ecosystem is important. This industry only works if artists of all levels are able to afford to tour. When artists are able to tour sustainably and fans can afford to buy a t-shirt because the all-in ticket price is reasonable, everyone wins.”
Ineffable head talent buyer Casey Smith adds, “We’ve been able to make our live business work even with increased expenses by having a number of venues and being able to create routes for artists, offering them a number of shows in secondary and college markets between their big city plays. Since we’ve made it work for ourselves, we want it to work for the artists as well. This move is fully aligned with Ineffable’s independent spirit, and in hearing the needs of independent artists, we believe it’s important to put them first.”
Live Nation investors were either nonplussed or unmoved by the Senate Judiciary Committee’s political theatrics Tuesday (Jan. 24), probing the causes behind a disastrous ticket presale to Taylor Swift‘s Eras tour last November hosted on the company’s Ticketmaster platform. While Live Nation president and chief financial officer Joe Berchtold was being grilled by lawmakers about Ticketmaster’s technology and market power with a focus on monopolistic behavior, Live Nation’s share price rose as much as 2.3% to $77.71 before closing at $76.67, up 1.4% on the day, on about half of the average daily trading volume.
With that modest gain, Live Nation beat the Dow Jones Industrial Average (+0.3%), S&P 500 (-0.1%), Nasdaq composite (-0.3%) and Russell 2000 (-0.3%). It also outperformed two competitors, MSG Entertainment (+0.6%) and Germany’s CTS Eventim (-1.1%), that weren’t subjected to Congressional questioning.
Congressional oversight was already priced into Live Nation’s share price to a degree, though. Live Nation shares fell 7.8% to $66.21 on Nov. 18, 2022, after Sen. Amy Klobuchar, chair of the Senate Judiciary Subcommittee on Competition, Antitrust and Consumer Rights, penned a letter to Ticketmaster about her concerns regarding its “system failures, increasing fees and complaints of conduct that violate the consent decree” under which Ticketmaster and Live Nation operate.
The hearing, titled “That’s the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment,” turned Live Nation and Ticketmaster into punching bags for senators who, as Sen. Richard Blumenthal noted, were brought together “in an absolute, unified case.” The legislators’ pointed questions and obvious frustration on behalf of their constituents made it clear Ticketmaster is one of the more loathed companies in the U.S. One witness, Kathleen Bradish, vp for legal advocacy at the American Antitrust Institute, called Live Nation and Ticketmaster “a very traditional monopoly” with a dominant market position that results in higher fees to consumers and less innovation.
Exactly what will come from the hearing is far less certain. While there may be some appetite amongst the senators to undo the 2010 merger of Live Nation and Ticketmaster, or implement some other structural remedies, Sen. Klobuchar said the committee will wait for a Department of Justice report before moving forward.
Some senators proposed non-legislative measures. Sen. Joe Kennedy suggested the person in charge of the ticketing presale should be fired. Sen. Marsha Blackburn called the bot-related service outages “unbelievable” and told Berchtold that the company “ought to be able to get some good advice” for better dealing with these kinds of issues.
The Senate Judiciary Committee held a hearing on Tuesday (Jan. 24) to analyze the ticketing industry following the chaotic handling of the Taylor Swift The Eras Tour ticket sale by Ticketmaster.
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During the Senator Amy Klobuchar and Senator Richard Blumenthal-led hearing, titled “That’s The Ticket: Promoting Competition and Protecting Consumers in Live Entertainment,” a number of senators made references to the 11-time Grammy winner during their statements.
To have a strong capitalist system, you have to have competition,” Klobuchar said in her opening statement. “You can’t have too much consolidation — something that, unfortunately for this country, as an ode to Taylor Swift, I will say, we know ‘all too well.’”
Meanwhile, Blumenthal said, “Ticketmaster ought to look in the mirror, and say, ‘I’m the problem, it’s me,” in reference to Swift’s eight-week Hot 100 chart topper “Anti-Hero,” off her recent album, Midnights. Senator Mike Lee also made a lyric reference to a Midnights track, ending his remarks with, “I have to throw out, in deference to my daughter Eliza, one more Taylor Swift quote: ‘Karma is a relaxing thought, aren’t you envious for you it’s not?’”
Following the Nov. 15 presale, Ticketmaster eventually canceled its general onsale for the remaining 170,000 tickets to Swift’s tour. In December, the company announced a new strategy to sell the passes over the course of four weeks and recently concluded that effort. At the time, the company said “historically unprecedented demand” caused the failure, but blamed bots then, too — saying that 14 million fans and more than 3 billion bots hit the site. That excuse did little to satisfy the more than 100,000 fans who were kicked out of line during the bot attack, and even Swift spoke out blaming the company. With many fans calling for Ticketmaster’s punishment and several even taking legal action against the company, Berchtold also plans to apologize directly to Swift and her followers.
See some of the Swift quotes during the hearing below.
.@SenAmyKlobuchar: “Competition policy is very important to me…to have a strong capitalist system you have to have competition, you can’t have too much consolidation, something that unfortunately for this country, as an ode to Taylor Swift, I will say, we know ‘All Too Well.'” pic.twitter.com/hN7ninMrAi— CSPAN (@cspan) January 24, 2023
.@SenBlumenthal: “Ticketmaster had the temerity to imply that the debacle involved in pre-ticket sales was Taylor Swift’s fault because she was failing to do too many concerts. May I suggest…Ticketmaster outta look in the mirror and say, ‘I’m the problem. It’s me.'” pic.twitter.com/F8HDmsu0Tk— CSPAN (@cspan) January 24, 2023
The full Senate Judiciary Committee has opened its hearing on competition within the ticketing industry this morning and a number of witnesses have already set high stakes for the congressional probe, calling for drastic action in the ticketing space.
Moments after Live Nation president Joe Berchtold shared lengthy remarks on the causes of the Taylor Swift ticket crash, SeatGeek CEO Jack Groetzinger, one of Ticketmaster’s main competitors told Congress, “Live Nation controls most popular entertainers, routs most of the tours, tickets most of the concerts and owns many of the venues,” noting “this power allows Live Nation to maintain its monopolistic influence over the primary ticketing market.”
The 2010 consent decree governing the merger of Live Nation and Ticketmaster created “has not worked at all and violated the consent decree since its inception,” Groetzinger said.
“The only effective remedy is a structural one – the disillusion of the common ownership of Ticketmaster and Live Nation,” he testified.
Amy Edwards and Parker Harrison demonstrate against the live entertainment ticket industry outside the U.S. Capitol January 24, 2023 in Washington, DC.
Drew Angerer/GI
Jerry Mickelson, longtime promoter with Jam Concerts in Chicago who spoke out against the merger during Congressional hearing in 2010, called the deal “a vertical integration on steroids” and said its arena promotion business has decreased 90 percent since the merger.
Berchtold argued that the company’s marketshare of the concert market is close to 50 to 60 percent, not 80 percent as many have claimed. He also denied allegations that the company used its market size to punish competitors.
“It is absolutely our policy to not pressure, threaten or retaliate against venues by using content as part of the ticketing discussion.
Sen. Richard Blumenthal (D-Conn.) encouraged critics of the company and people who are fed up with the system that exists right now to “continue your criticism” as the Department of Justice takes a third look at Live Nation following a 2019 inquiry into the company.
“If the Department of Justice establishes violations of the consent decree, unwinding the merger ought to be on the table,” Blumenthal testified. “If the Department of Justice establishes facts that involved monopolistic and predatory abuses, there ought to be structural remedies that include breaking up the company.
Before taking his turn asking questions to witnesses, outspoken Sen. John Kennedy (R-La.) told Berchtold: “I’m not against big, but I am against dumb and the way your company handled Ms. Swift’s tickets was a debacle. Whoever at your company was in charge of that should be fired.”
This is a developing story — check back for updates.