Larry Miller, a professor at NYU Steinhardt and music industry expert, dives deep into the recent DOJ lawsuit against Live Nation and Ticketmaster. He critiques the lawsuit's focus, arguing it overlooks the intricate dynamics of concert pricing and market monopolization. The discussion highlights how major artists influence ticket prices and the challenges in balancing fair access for fans. Miller advocates for better regulatory approaches and innovative solutions, like DICE’s platform, to ensure fairness in ticket sales and reduce reseller impacts.
The DOJ's lawsuit against Live Nation may misidentify the core issues since breaking up the company won't necessarily lower ticket prices.
Regulating secondary markets could enhance pricing fairness and accessibility for consumers, improving the overall live event experience.
Deep dives
Understanding the Live Nation Ticketmaster Lawsuit
The lawsuit brought by the Department of Justice against Live Nation Ticketmaster alleges monopolistic practices in the live concert industry and seeks to break up the two companies. The case highlights the complications within the ticketing and live event ecosystems, particularly the impacts of secondary markets that include platforms like StubHub and SeatGeek. These secondary market platforms can distort ticket pricing and availability, often leading to inflated costs for consumers. The discussion emphasizes the necessity of understanding the complex relationship between primary and secondary ticketing and how it affects fan experiences and market dynamics.
Critique of Antitrust Claims
Larry Miller argues that the antitrust case against Live Nation and Ticketmaster may not effectively address the core issues of ticket pricing and accessibility. He points out that Ticketmaster's business model is to execute ticket sales efficiently rather than to set prices or fees, which are determined by artists and venues. The opinion reinforces that consumer frustrations should not translate into the assumption that breaking up these companies will inherently lower ticket prices. Historical examples show that corporate breakups do not routinely lead to reduced consumer prices, suggesting that alternative remedies may be more effective.
The Role of Secondary Markets
Secondary markets, where tickets are resold at potentially higher prices, significantly influence pricing in the primary market. These platforms operate largely unregulated in the U.S., allowing resellers to capitalize on consumer demand without taking on financial risks of event promotion. Comparative examples from other countries, like Australia, illustrate how regulated secondary markets can maintain fairer pricing for consumers and enhance market accessibility. The ongoing discussion raises crucial questions about the need for government intervention and regulation in these markets to mitigate inflated ticket prices.
Reflections on Industry Practices and Future Directions
The episode emphasizes that increasing competition in the ticketing industry should not overshadow the reality that primary ticketing is a complex business requiring significant technical capabilities. It discusses how recent attempts by competitors like SeatGeek have faced challenges, underscoring the strength of established players like Ticketmaster. The ideal solution may begin with regulating the secondary market as a means to promote fairer pricing for genuine fans at live events. The conversation also suggests that a balanced approach could improve the overall consumer experience while maintaining business viability within the live entertainment sector.
In May, the U.S. Justice Department sued Live Nation - Ticketmaster for "monopolizing markets across the live concert industry," and called for the two companies to be broken up. But the DOJ's lawsuit may be focused on the wrong solution to the problem it wants to solve.
In this episode, NYU Steinhardt professor Larry Miller and I break down the case, our issues with the lawsuit, and the best way to improve the concert business for consumers.