Isn't it an open secret that large venues contracted Ticketmaster expressly to do price fixing? It's collusion as much as monopolism. They run operations and absorb all the bad press.
Are you arguing that they aren't hurting consumers? Just look at ticket prices over the years as more and more competition was eliminated, as well as the tactics they use to control artists. You aren't going to have much luck I suspect.
Yet nobody seems to ever ask whether or not the merger is a question of survival - would TM or LN poof out of existence if they didn't have this release valve? - or simply just another attempt to stifle existing competition in the market.
People who are really opposed to this will probably think this is wildly off base, but if it came to pass...isn't that worse than one company absorbing the other because although the endgame is similar, it's messier and doesn't necessarily improve the overall situation.
An example: Barclays acquisition of Lehman Brothers business in North America in 2008 after the latter imploded. They had an agreement in principle, but the government balked, so it happened after the fact...bringing an even larger crisis along with it.
If the company is in such a bad state that the only thing keeping it alive is a monopolistic control of the market and much hated business practices, do we really want it running a significant chunk of the economy? Or is it better to watch it burn to allow better companies to emerge?
Personally, I think that if a company can’t survive with competition, it shouldn’t survive. That is a fundamental and necessary tenant of capitalism. It may cause pain in the short term, but it will eventually lead to a healthier market.
As was often repeated back in the Great Recession, if a company is too big to fail, then maybe it’s too big to exist.
Doesn't ticket master sell most tickets for far below market value? How does this hurt consumers? Are they forcing artists to sell below market value or something?
technically you are correct but this isn't a thread of lawyers/attorneys, this is a thread with higher than average autism. Cleaving words and being clever with 'harmless' misdirection and turn of phrase is not welcome.
As I understand it, a wrinkle with this distinction is that having a monopoly through sheer competitive goodness isn't illegal, but actively trying to construct a monopoly almost always is illegal. And with the benefit of hindsight, I don't see how Ticketmaster's acquisition of Live Nation can be construed in good faith as anything but the latter.
I agree that is what is the law is and even that that is what the law should be. It is also important to note however that the actual title of the Sherman Antitrust Act is "An Act to protect trade and commerce against unlawful restraints and monopolies." So it isn't fair to say that anti-competitive practices and monopolies are completely orthogonal (although strictly speaking they are) because monopolies are a perfect tool with which to engage in anti-competitive practices. In my opinion I don't think protecting entertainment from anti-competitive practices even matters that much anyway though. Your ability to watch your favorite singer live is really not the same as something like oil or trains which are actually important to the economy.
Pardon my ignorance here, as I don't actually attend concerts, but to play something of devil's advocate...
Isn't the secondary market for tickets- scalpers and such- significantly more expensive than what Ticketmaster is selling the tickets for? Which is to say, aren't the tickets sold below market value?
I'm not entirely clear on how there being more competition would help consumers.
Ticketmaster enables "scalping" by offering a secondary market on their own platform. They have a vested interest in this, and due to a lack of real competition they have no reason to realign incentives. Meaningful competitors could do all sorts of things that make a difference in this area.
Consumers are also the people running the concerts themselves (performers and whatnot) who have bad experiences with Ticketmaster but don't really have an alternative. Lower fees, non-exclusivity terms, etc.
Keep in mind that effectively TM/LN sells tickets on the secondary market.
Just because tickets are on the "resale" market doesn't mean they were bought by Jane Doe and she can't go anymore so she's re-listing them. For some concerts only 8% of the tickets are actually available at the listed price, the remaining 92% are all available either as a special offer (credit cards) or given to various individuals associated with the event (such as the headliner) who can then immediately put them up for resale.
The monopoly is really the artists, who then delegate to the venues. Like, Bruce Springsteen ticket prices are high because only he is Bruce Springsteen and nobody else is. The real monopoly is on being Bruce Springsteen. Prices are high because of supply and demand for that artist; Bruce Springsteen can only put on so many shows for so many seats and there is far more demand than that, no matter who is selling the tickets.
Live Nation-Ticketmaster only gets the monopoly power delegated from the artists and venues. If you break that up into competing ticket providers, that doesn't do anything to the underlying prices, tickets will still be resold on secondary markets until the prices reach supply-demand equilibrium.
Busting LN-TM hypothetically doesn't even do anything to the fees. The market is set by what customers will pay, and it doesn't matter to them what the breakdown is between going to the middlemen or going to the artist. At most, busting LN-TM does create competition for lower fees, so that the artist gets more of the revenue. But it's not clear at all that that's a matter for courts to forcibly impose.
(I see the downvotes. The Internet hivemind will always think it's entitled to ignore the laws of supply and demand, even on HN. Ticket prices are high because demand exceeds supply and customers choose to pay it, not because of a monopolistic reseller entity.)
I can't believe that when a company owns the venues and the tickets, mandates buying tickets from themselves then adds a huge markup to every ticket someone would actually blame the entertainers for having name recognition.
The issue here isn't that top artists can't sell their tickets at a high price. It's that venues have exclusivity deals w/ ticketmaster/livenation and ticketmaster/livenation ultimately charge outrageous fees to consumers no matter what. Then often their own reselling arm is involved in the scalping behavior.
The artists aren't reaping these fees. Ticketmaster/livenation is capturing the entirety of the profit and artists don't really have a choice in using a different ticketing vendor in most cases (since it's common for every major venue in a city to have strong-armed exclusivity contracts w/ ticketmaster/livenation).
By and large, it is the venues and promoters that set large fees. The reason they like TM is because TM will take the blame for charging those fees when in reality, they're kicked back.
Of course, the problem is that in many cases now, Live Nation owns the venues and acts as the promoters, so those kickbacks started going, ultimately, to the company charging them.
> The market is set by what customers will pay [...] The Internet hivemind will always think it's entitled to ignore the laws of supply and demand
And this is why "the market" isn't perfect, and flat-out sucks for some things. It doesn't have to be this way. Springsteen should be able to say "I want to charge $40 per ticket so my loyal fans, no matter what their financial situation, can see me perform", without having to deal with the scum of the earth buying up those tickets and reselling them for $300 each. (Whether or not he would want to do this is another question.)
The funny thing is that this setup is perfectly possible now that we have all this digital infrastructure. Back when tickets were just a piece of paper that people bought anonymously from a box office, it was damn near impossible to stop people from scalping them. Today we can tie a ticket to a person's real name, and check IDs at the venue. We can prohibit ticket transfers, or at least require that they be done via the same marketplace where they were purchased, so they can only be resold for the amount they were originally paid for.
Supply and demand are only laws when you allow a market to set prices, instead of letting a the seller price how they want, and sell directly to only their final end customers.
If this were the case, you'd have a hundred million people wanting to pay that to see Springsteen but only a hundred thousand seats exist. How do you decide which of them gets the seats?
None of these are perfect, especially if demand greatly exceeds supply, but there's plenty of flexibility in how an artist could sell tickets to their fans, if it weren't for monopolies like TM/LN. The "Market" would still be in play here, as an artist could decide to cater to specific people (i.e. the rich) via bids, or be more accessible but elusive via ticket lotteries.