* FEBRUARY 12, 2009

Ticketmaster Deal Draws More Ire
Democrats Call for Justice Department to Block Live Nation Merger

By EVAN PEREZ
Wall Street Journal

http://online.wsj.com/article/SB123439547425274847.html


WASHINGTON -- Two Democrats in Congress called on the Justice Department 
Wednesday to block the merger of Live Nation Inc. and Ticketmaster 
Entertainment Inc., an early salvo in what promises to be a test of the 
Obama administration's effort to strengthen antitrust enforcement.

The Justice Department says it will carry out a "thorough investigation" of 
the combination. The deal, announced Tuesday, would create the most 
powerful force in the live-music industry.

A spokesman for the companies said: "Live Nation and Ticketmaster 
Entertainment welcome the opportunity to fully discuss the agreed upon 
merger with the government and look forward to cooperating with any review 
of the deal."

Sen. Charles Schumer, above, and Rep. Bill Pascrell wrote Attorney General 
Eric Holder on Wednesday to urge the Justice Department to block the merger 
of Ticketmaster and Live Nation on antitrust grounds.

The companies claim the deal may bring consumers lower ticket prices, but 
it is drawing skepticism from some artists, business rivals and 
concert-goers who say Ticketmaster's market dominance has led to higher 
ticket prices.

Christine Varney, President Obama's pick to head the Justice Department's 
antitrust division, is a former commissioner at the Federal Trade 
Commission with a reputation for favoring tough enforcement. She won't 
likely be confirmed by the Senate for another month.

Sen. Charles Schumer and Rep. Bill Pascrell, Democrats from New York and 
New Jersey, respectively, wrote Attorney General Eric Holder on Wednesday 
to urge the Justice Department to block the merger on antitrust grounds. 
Mr. Schumer said consumers could end up paying higher prices because one 
company would "have control over every step of the process between fans and 
artists." [This ignores the hefty "service charge" that Ticket Master tacks 
on to every ticket it sells.]

The lawmakers also said they plan to meet with FTC officials next week to 
push for an investigation of a snafu last week involving Bruce Springsteen 
concert tickets. Buyers seeking tickets via Ticketmaster were diverted to a 
sister Web site owned by the company that sells higher-priced tickets on 
the secondary market.

Members of Congress don't have a formal role in merger reviews but can try 
to influence the public debate by conducting hearings. In some recent 
mergers, notably a big airline deal last year, vocal opposition by 
lawmakers did little to stop the deal.

Ticketmaster is a veteran of antitrust battles. In 1994, the rock band 
Pearl Jam filed an antitrust complaint against the company and attempted to 
mount a concert tour without using Ticketmaster. A year later, the company 
emerged victorious as the Justice Department dropped an inquiry without 
taking any action and Pearl Jam resumed dealing with Ticketmaster.

Barry Diller, Ticketmaster chairman, told Wall Street analysts on a 
conference call Tuesday that people blaming Ticketmaster for high prices 
are missing the mark. "Ticketmaster does not set prices. Live Nation does 
not set ticket prices. Artists set the prices," Mr. Diller said.

Mr. Diller acknowledged the negative perceptions Ticketmaster would have to 
fight: "Ticketmaster is never perceived to be on the side of the angels 
because, in fact, there are only so many tickets...when they are finished 
selling, people get angry that they cannot get tickets."


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         

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