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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.
Don’t expect Live Nation’s Joe Berchtold to be quoting Taylor Swift’s “Anti-Hero” during the Senate Judiciary Committee hearing on ticketing Tuesday. Unlike the pop star’s “I’m the problem it’s me” chorus-turned-meme, the company’s president and CFO plans to take aim at who he says are the real culprits behind Swift’s disastrous Nov. 15 presale — scalpers.
While the Live Nation-owned Ticketmaster was villianized for weeks following the presale for Swift’s upcoming The Eras tour that both broke single-day sales records and threw fans into a fury over service issues, according to a prepared opening statement reviewed by Billboard, Berchtold plans to lay much of the blame on scalpers who used illegal bots to attack the online sale. The statement, to be delivered Tuesday in Washington, D.C., to the committee led by ranking member Dick Durbin (D-Ilinois), details Ticketmaster’s ongoing “arms race” against scalpers illegally using autonomous software to disrupt and attack high profile ticket sales. Country music legend Garth Brooks is lending his support to Berchtold’s testimony as well, with a letter defending Ticketmaster and attacking ticket scalpers who use illegal methods to buy up tickets.
“We knew bots would attack [Swift’s] onsale, and planned accordingly,” reads Berchtold’s planned statement. “We were then hit with three times the amount of bot traffic than we had ever experienced, and for the first time in 400 Verified Fan onsales they came after our Verified Fan access code servers. While the bots failed to penetrate our systems or acquire any tickets, the attack required us to slow down and even pause our sales. This is what led to a terrible consumer experience that we deeply regret.”
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, 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 kicked out of line during the bot attack, and even the singer spoke out blaming the company. With many fans calling for Ticketmaster’s punishment, Berchtold also plans to apologize directly to Swift and her followers.
“As we said after the onsale, and I reiterate today, we apologize to the many disappointed fans as well as to Ms. Swift,” his statement reads.
While Berchtold notes Ticketmaster “accepts its responsibility to be the first line of defense against bots in this ever- escalating arms race,” he intends to shift the hearing’s focus to policy changes that could tamp down on scalpers.
“In this forum where we are here to discuss public policy, we also need to recognize how industrial scalpers breaking the law using bots and cyberattacks to try to unfairly gain tickets contributes to an awful consumer experience,” his statement reads. “We are doing everything we can to fight the people who attack our onsales and steal tickets meant for real fans, but we need help passing real reforms to stop this arms race.”
Brooks, in his statement, supports this notion.
“The crush of bots during an on-sale is a huge reason for program failure NO MATTER WHO THE TICKET SELLING COMPANY is,” writes the country icon in his letter addressed to Congress. “And the one who ALWAYS pays for this atrocity is the customer, the LAST one on whom that burden should fall.”
Brooks notes in his letter that he forced Dallas Cowboys owner Jerry Jones to allow him to use Ticketmaster to sell tickets to his April concert at AT&T Stadium, instead of SeatGeek which held the exclusive contract to ticket the stadium.
“I had grown to love and trust the people at Ticketmaster so much,” he explained in his letter, noting, “this was not because of Ticketmaster, but a choice I made.”
Berchtold will be joined on the witness stand by SeatGeek chief executive Jack Groetzinger and longtime Chicago promoter Jerry Mickelson with JAM Productions, along with recording artist Clyde Lawrence and representatives from the James Madison Institute and American Antitrust Institute.
Ticketmaster officials are expecting a pile on, both from Congress and the other testifying witnesses. SeatGeek has filed a number of complaints against Ticketmaster with the Department of Justice for alleged anti-trust violations, and Mickelson testified before Congress in 2010, condemning the merger between Live Nation and Ticketmaster. While company officials aren’t expecting any standing ovations, Berchtold’s testimony will be an important preview of the company’s framing of the challenges facing the business over the next couple of years and promises to be the most detailed defense of Live Nation by an executive in its 18-year history.
Sen. Amy Klobuchar (D-Minnesota) originally called for this hearing in response to public anger over the technical failures of the Taylor Swift Eras ticket sale. But the witness list and the name of the hearing, “That’s the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment,” released Monday (Jan. 23) suggest that the hearing is more likely to focus on long-simmering dissatisfaction over the 2010 consent decree governing the merger of Ticketmaster and Live Nation. That consent decree has had mixed success creating a level playing field for competition in the ticketing business, and critics consider it a failure because it didn’t prevent Ticketmaster from becoming the dominant ticketing company it is today.
“We hear people say that ticketing markets are less competitive today than they were at the time of the Live Nation-Ticketmaster merger. That is simply not true,” reads Berchtold’s statements, claiming Ticketmaster’s market share has decreased since the DOJ estimated it held 80% of the market in 2009.
At the time, Ticketmaster “did not face the level of competition we face today from new competitors including SeatGeek, AEG’s AXS, and Eventbrite, along with established competitors including Tickets.com and Paciolan,” Berchtold continues. “Today, there is intense competition for every ticketing contract that goes out to bid — far more than there was in 2010. Ticketmaster has lost, not gained, market share, and every year competitive bidding results in ticketing companies getting less of the economic value in a ticketing contract while venues and teams get more. The bottom line is that U.S. ticketing markets have never been more competitive than they are today, and we read about new potential entrants all the time.”
Berchtold plans to present the threat posed by bad actors and malicious software as an issue both the government and the private sector must address together. The strategy shifts part of the criticism for the Taylor Swift ticket debacle onto the Senate — which unanimously voted to pass the BOTS act in 2016, effectively outlawing automated ticket-buying technology. Since its passage, the law has only been enforced twice by the FBI and the Federal Trade Commission, despite pleas from Ticketmaster officials that bot attacks on high profile ticket sales are increasing in frequency and complexity, sources tell Billboard. Berchtold also plans to detail how the company has spent more than $1 billion developing technology to prevent bot attacks on the company’s ticket sales using software like Verified Fan and digital ticketing.
A ‘blame the bots’ strategy is not likely to satisfy the members of the Senate Judiciary committee, which include such conservative and liberal firebrands such as Ted Cruz (R-Texas), Josh Hawley (R-Missouri), John Kennedy (R-Louisiana), Diane Fienstein (D-California), Corey Booker (D-New Jersey) and Richard Blumenthal (D-New Jersey). Anti-Ticketmaster sentiment and criticism of the 2010 merger between Ticketmaster and Live Nation is one of the few issues of bipartisan agreement on Capitol Hill.
Berchtold will end his testimony laying out calls to action he believes Congress can take to combat bad actors in the ticketing industry: First, is empowering private parties like Ticketmaster to bring civil actions against ticket sellers who knowingly sell tickets obtained by bots. Second, Berchtold believes Congress should act to outlaw deceptive sales practices like speculative ticket sales “offering for sale tickets you don’t own or have an existing right to obtain,” or deceptive sites that mislabel themselves as “the official” ticket seller for shows they aren’t contracted to work with.
The Senate Judiciary Committee’s “That’s the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment” begins at 10 a.m. EST on Tuesday. Click here to watch the hearing live.
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.
Zach Bryan is making a statement. On Christmas, the singer-songwriter announced on social media that he had released a new live album titled All My Homies Hate Ticketmaster (Live From Red Rocks). He also told fans that he is taking a stand against high ticket prices, though he did not specifically call out Ticketmaster in his post, save for in the album title.
“Seems there is a massive issue with fair ticket prices to live shows lately. I have met kids at my shows who have paid upwards of four-hundred bucks to be there and I’m done with it,” the country star began his message. “I’ve decided to play a limited number of headline shows next year to which I’ve done all I can to make prices as cheap as possible and to prove to people tickets don’t have to cost $450 to see a good and honest show.” He added that he’ll also be playing “a few festivals which I have no control over.”
“I believe working class people should still be able to afford tickets to shows,” the “Something in the Orange” singer continued. He also encouraged fans to sign up for a new messaging service that will inform them about tour dates and concert tickets, as well as through which he’ll send merch drops and unreleased music.
“I am so tired of people saying things can’t be done about this massive issue,” he went on. “Also, to any songwriter trying to make ‘relatable music for the working class man or woman’ should pride themself on fighting for the people who listen to the words they’re singing.”
Bryan closed with some good news for fans eager to see him live in concert. “A tour announcement is coming soon and I’m sorry it has taken so long,” he shared. “Just did everything I possibly could to make tickets more affordable.”
Billboard has reached out to Ticketmaster for comment.
This isn’t the first time that the country singer has shared his thoughts about the company. In recent weeks, he has tweeted about Ticketmaster, often with the hashtag #allmyhomieshateticketmaster.
All My Homies Hate Ticketmaster — recorded at Colorado’s Red Rocks Amphitheater on Nov. 3 — is on streaming services now, and is Bryan’s third release of the year. He dropped studio album American Heartbreak in May, and the Summertime Blues EP in July. In addition to wrapping 2022 with a surprise live album release, the singer-songwriter came in at No. 1 on Billboard‘s Top New Country Artists and Top New Rock & Alternative Artists charts, and No. 2 on the all-genre Year-End Top New Artists tally.
Stream All My Homies Hate Ticketmaster (Live From Red Rocks) below:
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.