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Thursday, October 17, 2024

The Federal Antitrust Lawsuit Highlights The Cozy Relationship Between Reside Nation And Oak View Group







LOS ANGELES (CelebrityAccess) — The federal antitrust lawsuit in opposition to Reside Nation underscores the corporate’s shut relationship with Oak View Group (OVG), the venue administration and advisory firm launched by former Reside Nation chairman Irving Azoff and Tim Leiweke, the previous President and CEO of Anschutz Leisure Group, Reside Nation’s major U.S. rival.

When Oak View Group launched in 2015, it appeared poised to turn out to be a serious competitor to Reside Nation by reserving prime artists for its managed arenas and different main live performance venues throughout the U.S., difficult Reside Nation’s dominance in main excursions. The launch of OVG led Reside Nation to explain the corporate as one in all its “Largest Competitor Threats” shortly after OVG’s inception, in response to the federal lawsuit.

Nonetheless, that potential rivalry didn’t materialize, and in response to the Division of Justice (DOJ), this was not a coincidence.

The DOJ alleges that emails between senior executives of each corporations reveal a detailed and coordinated relationship. OVG executives described the corporate as a “pimp” and “hammer” for Reside Nation, serving to to carry venues into the Reside Nation/Ticketmaster fold.

“I at all times defend you on rebates, promoter place, ticketing,” Tim Leiweke informed Reside Nation CEO Michael Rapino in a single communication cited by the DOJ lawsuit.

Moreover, the federal lawsuit alleges that Oak View Group successfully ceded the live performance promotion enterprise to Reside Nation, whereas the promoter big backed away from the sector area to keep away from encroaching on OVG’s enterprise.

“It has been our coverage to remain on the sidelines with regards to shopping for and particularly selling tour dates as we’re cognizant to not compete with our accomplice Reside Nation on this facet of the enterprise,” an Oak View Group Senior Vice President informed a colleague through e-mail, in response to the federal government’s lawsuit.

The DOJ cites a 2016 incident during which the 2 corporations labored to keep away from competitors in negotiations with artist representatives over a possible tour.

“What’s up? Now we have performed his [touring] and Vegas[.] Let’s be certain we don’t let [the artist agency] begin taking part in us off,” Rapino purportedly informed Oak View Group, with OVG’s Tim Leiweke responding, “Our guys received a bit forward. All know we don’t promote and we solely do excursions with Reside Nation.”

One other incident cited by the DOJ in 2022 adopted the same theme.

“Who could be so silly to do that and play into [the artist agent’s] arms?” Rapino reportedly wrote in an e-mail to colleagues at Oak View Group. OVG CEO Tim Leiweke, responded, stating, “Now we have by no means promoted with out you. Gained’t,” and later added, “More than pleased to do these offers by way of LN as I’ve at all times been aligned,” and “I by no means wish to be rivals,” in subsequent emails, in response to the DOJ.

The DOJ’s go well with additionally claims that Oak View Group helps steer venues to Reside Nation’s Ticketmaster platform. Based on the go well with, OVG projected that it might transition at the very least 22 venues to Ticketmaster over the following 4 years.

Oak View Group has not been accused of wrongdoing and isn’t a celebration to the lawsuit.

In response to the federal antitrust lawsuit, Reside Nation’s Dan Wall, Govt Vice President of Company and Regulatory Affairs, addressed the corporate’s relationship with Oak View Group in a prolonged assertion launched on Thursday.

“The criticism makes two principal claims regarding Reside Nation’s relationship with the Oak View Group (OVG), a venue administration firm. The primary is disingenuous, as it’s premised on the concept OVG was a severe potential rival to Reside Nation in live performance promotion. OVG owns and manages venues. It has by no means been a live performance promoter, nor aspired to be one—which is exactly the purpose made within the e-mail DOJ quotes. DOJ’s declare is predicated on two incidents during which Reside Nation and OVG had been discussing what to do when an OVG venue wished to ebook an occasional present itself on a darkish evening. To painting that as an settlement to not compete in live performance promotion is farcical—significantly when the criticism defines the related promotions market as a marketplace for regional or nationwide excursions and explicitly disavows the suggestion that ‘self-supply’ of reveals from venue house owners is a part of that market.

Regardless, OVG’s conduct as a venue operator is totally per each main enviornment and stadium within the nation—they should have an in-house booker who helps fill in any other case darkish nights, however they’ve little interest in systematically taking up the chance of ensures that might be within the thousands and thousands of {dollars} for a present or tens of thousands and thousands of {dollars} for a tour.

DOJ additionally claims it was anticompetitive for Ticketmaster to compete for and win a ticketing contract OVG supplied. The idea is that the contract gave Ticketmaster an unfair benefit in securing the enterprise of impartial venues that had been managed by OVG as a result of it creates monetary incentives for OVG to ‘advocate for’ Ticketmaster. However there may be nothing remotely anticompetitive about that. Industrial preparations that contain incentive or advertising funds are widespread all through this business (and lots of others). Venue administration corporations like OVG and ASM are ready to advocate for quite a lot of service suppliers, together with however not restricted to ticketing corporations. So there may be competitors for the enterprise alternatives at each the venues they personal, which they management, and the venues they handle, which they don’t management however can probably affect. Ticketmaster competed and gained the contract on the deserves as a result of OVG decided it was the perfect ticketing system accessible.”

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