Aurelia Butler

The Judiciary Committee, responding to the bungled sale of Taylor Swift concert tickets, heard the company apologize and its critics trace the problem to the industry’s lack of competition.Live Nation Entertainment, the concert industry giant that owns Ticketmaster, came under withering attack during a Senate Judiciary hearing on Tuesday, with committee members from both parties criticizing it for the botched sale of tickets to Taylor Swift’s latest tour and calling the company a monopoly that hinders competition and harms consumers.Over nearly three hours, senators pilloried a top Live Nation executive, Joe Berchtold, over the handling of Ms. Swift’s tickets last November and over longstanding allegations that the company badgers its competitors to win new business. Such bullying would be a violation of a Justice Department agreement that set conditions on the merger of Live Nation and Ticketmaster in 2010.“This is all the definition of monopoly,” said Senator Amy Klobuchar, Democrat of Minnesota. “Live Nation is so powerful that it doesn’t even need to exert pressure. It doesn’t need to threaten. Because people just fall in line.”Some at the hearing went so far as to question whether the two companies, whose agreement with the Justice Department expires in 2025, should be broken up.Mr. Berchtold, Live Nation’s president and chief financial officer, acknowledged the problems with a presale for Ms. Swift’s tour, and apologized to the singer and her fans. When those tickets went on sale, millions of people were turned away. Technical problems also caused tickets to disappear from the online baskets of customers — whom Ticketmaster had approved through its Verified Fan system — as they were trying to buy them.At the hearing, both Republican and Democratic senators expressed concern about Live Nation’s dominance in the ticketing industry. Haiyun Jiang/The New York TimesMr. Berchtold largely attributed Ticketmaster’s failings to an assault from online bots: automated programs, run by scalpers, that seek to snatch up tickets before they ever make their way to consumers. That drew a largely skeptical response from the senators.“This is unbelievable,” Senator Marsha Blackburn, Republican of Tennessee, said, with more than a hint of anger in her voice. “Why is it,” she added, “that you have not developed an algorithm to sort out what is a bot and what is a consumer?”Senator John Kennedy, Republican of Louisiana, was even more blunt. “The way your company handled the ticket sales with Ms. Swift,” he said, “was a debacle.”The merger of Live Nation and Ticketmaster united the world’s most powerful concert promoter and the biggest ticketing platform, creating a colossus without equal in the multibillion-dollar live music business.In 2019, the last full year unaffected by the Covid-19 pandemic for which Live Nation has reported data, the company put on more than 40,000 events around the world and sold 485 million tickets. It owns or otherwise controls more than 300 venues around the world, far more than any other player in the business.In part because of its bulk and global reach, Live Nation has long been the target of complaints from competitors, who contend that the company’s size, and its control of Ticketmaster, give it an unfair advantage.Jerry Mickelson, a longtime independent concert promoter in Chicago, told the senators that a common frustration among the market’s smaller players is that Live Nation can profit from concerts put on by rival promoters because it still makes money through its control of Ticketmaster. “Pepsi doesn’t earn money from Coke,” he said. “But our competitor, Live Nation, makes money from selling tickets to our concerts.”Objections to Live Nation’s business have grown louder since 2019, when the Justice Department said that the company had “repeatedly violated” the terms of its regulatory agreement, called a consent decree.Justice Department investigators said that Live Nation had threatened venues that it would withhold tours under the company’s control if those venues did not sign deals with Ticketmaster, in violation of a key provision in the decree. Live Nation did not admit any wrongdoing, but in early 2020 the Justice Department extended the decree by five years.Senator Richard Blumenthal, Democrat of Connecticut, was among those at the hearing who raised the question of whether Live Nation’s merger with Ticketmaster should be undone.“If the Department of Justice establishes violations of the consent decree,” he said, “then unwinding the merger ought to be on the table.”Mr. Berchtold pushed back against many of the accusations, saying that Live Nation does not threaten venues; that those venues hold a great deal of leverage in negotiating ticketing contracts; and that new entrants like SeatGeek, a rival ticketing platform, have kept Ticketmaster on its toes. According to various estimates cited by the senators, Ticketmaster controls the ticketing at 70 to 80 percent of major concert venues in the United States. Mr. Berchtold said Live Nation’s estimate is 50 to 60 percent and he attributed its market share to the quality of its product.A small number of people demonstrated outside the Senate office building during the hearing, some holding signs referencing the Taylor Swift ticket debacle. Kenny Holston/The New York Times“We believe ticketing has never been more competitive,” he said.At the hearing, called “That’s the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment,” witnesses included other players in the concert business who described great difficulties competing against Live Nation.Jack Groetzinger, the chief executive of SeatGeek, said that venues are afraid of losing Live Nation concert tours if they do not sign with Ticketmaster. He said that is an obstacle for smaller companies like his in winning new business — though SeatGeek has been one of the more successful upstarts in ticketing in recent years, signing major clients like the Dallas Cowboys and Jujamcyn Theaters, one of the major Broadway theater owners.The panel also included a musician, Clyde Lawrence, of a small New York band called Lawrence. Dressed in a black suit, and with a scruffy head of hair, he joked that he could only dream of the crushing ticket demand enjoyed by Ms. Swift. But he described frustrations in dealing with Live Nation, such as the backstage costs it charges musicians, and the opacity of ticket surcharges, for which his band gets nothing.He described a typical show, where the face value of the ticket was $30, plus $12 in fees. Yet out of that $42 paid by the consumer, $30 was eaten up by the venue, Live Nation and Ticketmaster, and another $6 went to the band’s touring expenses. “So that leaves us with $6 for an eight-piece band, pretax,” he said, “and we also have to pay our own health insurance.”In his questioning, Senator Josh Hawley, Republican of Missouri, honed in on a facet of Ticketmaster’s business, the resale marketplace that exists seamlessly within its online ticket sales platform, “where you’re forcing everyone in the resale market to come into your ecosystem.”“This is how monopolies work,” Mr. Hawley added. “You leverage market power in one market to get market power in another market — and it looks like you’re doing that in, frankly, multiple markets.”Ms. Klobuchar, who called the hearing, said in a summation that some of the problems in ticketing, such as fighting bot traffic, could be dealt with through legislation. But she said that the larger question, of whether to take action against Live Nation as a monopoly, was best handled by the Justice Department. The near-unanimous criticism from lawmakers on Tuesday may put pressure on the Justice Department to act.The most remarkable aspect of the hearing may have been the display of consensus by a panel often split along partisan lines. Mr. Blumenthal summed that up with a mocking salute to Mr. Berchtold.“I want to congratulate and thank you for an absolutely stunning achievement,” he said. “You have brought together Republicans and Democrats in an absolutely unified cause.” More

“Right now you’re dancing on top of or ahead of the music,” Justin Peck told members of New York City Ballet during a recent rehearsal. As the pianist Craig Baldwin played the gently accumulating “Simple Gifts” section of Aaron Copland’s “Appalachian Spring,” Peck added: “Here, you should be riding the wave of the music. It’s like surfing on a longboard.”It wasn’t the only time Peck, City Ballet’s resident choreographer, spoke in metaphors while preparing “Copland Dance Episodes,” which premieres on Thursday at the David H. Koch Theater at Lincoln Center. And it wasn’t the only time he encouraged dancers to match the plain-spoken spareness of the music. “It has to have the ease,” he said at one point, “of a tumbleweed blowing.”Peck, seated center, discussing “Copland Dance Episodes,” with his some of his creative team, clockwise from left Brandon Stirling Baker, Gonzalo Garcia, Craig Hall, Craig Salstein and Patricia Delgado.Mark Sommerfeld for The New York TimesThese dancers are somewhat familiar with Copland; Peck’s exhilaratingly athletic “Rodeo: Four Dance Episodes,” from 2015, is one of his most beloved ballets. Yet the premiere on Thursday — an evening-length whirlwind that includes a version of his “Rodeo” but is also set to “Fanfare for the Common Man,” “Appalachian Spring” and “Billy the Kid” — will be a milestone on multiple fronts.To start, “Copland Dance Episodes” will be the company’s first evening-length, plotless work since George Balanchine’s “Jewels,” from 1967, and the first evening-length one for Peck, period; above all, for the artists involved, it will be the first time Copland’s three ballet scores, among the finest American music written in the genre, will be under City Ballet’s roof.“One of the things I noticed early on when I was making work at New York City Ballet is that there’s no Copland in the rep here,” Peck said in an interview. “That just felt like such a weird thing for this incredible American institution.”For his part, Andrew Litton, City Ballet’s music director, thrilled to be taking up the Copland scores. “It’s been an omission,” he said. “The saying was that he invented the sound of American music. He certainly invented the sound of the West, which has been copied by hundreds of film composers since.”Peck referred to Copland’s ballet output as “music that we all don’t realize we know, but we know”: the breakneck “Hoe-Down” from “Rodeo,” the symphonic elevation of “Simple Gifts” in “Appalachian Spring.”Peck demonstrates a move for his dancers. “It has to have the ease,” he said at one point in rehearsals, “of a tumbleweed blowing.”Jonathan Fahoury.“There’s a lot that can be culturally associated with it, especially the Western cowboy feel of it, which I’m not leaning into at all,” Peck added. “I was a little nervous about that at first, but had to sort of remind myself that this music was written by this Jewish gay guy from Brooklyn who had never been out West.”Several years before creating “Rodeo,” Peck saw Agnes de Mille’s original choreography at American Ballet Theater. He sat close to the orchestra, and although he enjoyed the dance, he was more struck by the score. “I could really feel it in a physical sense, rather than just using my ears and hearing it,” he said. “I kept thinking about the music, and then eventually, I had this thought that maybe there’s room for another interpretation.”Where de Mille’s dance is theatrical, Peck’s “Rodeo” is abstract, stripped down to a neutral scenic design and placeless costumes. In a playful turn, it’s also pronounced “ROH-dee-oh” instead of the traditional “roh-DAY-oh.” Jonathan Fahoury, a member of the corps de ballet said that Peck’s ballet is one of his favorites to perform, adding that it’s free of affect or ornament: “What you see is what you get.”Ashley Hod, left, and Christina Clark. “Copland Dance Episodes” builds on Peck’s “Rodeo: Four Dance Episodes,” from 2015.“Rodeo,” Fahoury also said, is like a single idea that has now been expanded for “Copland Dance Episodes.” Peck used a similar comparison: “Making it was like making a pilot episode. That was proof of concept, and now what’s the rest of the season like? How do we take these character arcs even further through this abstract space, then tie it all up?”The works Peck is using, composed between 1938 and 1944, have had a standard-setting effect on American sound, with the incorporation of cowboy songs and folk music. And they exemplify what has been seen as a national style of straightforward modesty. Transparent and uncomplicated by dense counterpoint, Copland’s music from this time all but defies interpretation, and punishingly exposes players who deviate from its directions; the composer Ned Rorem once described it as having “never a note too many.”Onstage, the story ballets were distinct: “Billy the Kid” was written at the urging of Lincoln Kirstein for Ballet Caravan, a precursor to City Ballet; “Rodeo,” for de Mille; and “Appalachian Spring,” for Martha Graham. Yet they are, Peck said, “cut from the same cloth.”“Never a note too many”: Mckenzie Bernardino Soares, foreground, and fellow City Ballet dancers rehearse to Copland.That’s an argument borne out in the juxtapositions of “Copland Dance Episodes.” The opening “Fanfare” — as simple as can be, in the key of C and in common time — leads without friction into the brassy “Buckaroo Holiday” of “Rodeo,” which is in the same key, with the same number of beats per measure. Copland’s signature expansiveness, rendered with fifth intervals, opens the “Saturday Night Waltz” and returns later in “Billy the Kid.” And “Hoe-Down” ends with three emphatic sforzando notes that flow without a pause in Peck’s dance into three soft ones, in a logical key change, at the start of “Appalachian Spring.”Throughout, Litton said, the music remains at a “human” scale. That word has also often been applied to Peck’s choreography, particularly for groups. Another word that tends to come up when speaking with his City Ballet colleagues is “musical.”Litton described Peck’s relationship with the scores as “emotion based,” clearly responding to the notes with choreography that “always fits.” And Ellen Warren, a former dancer with the company who is designing the costumes for “Copland Dance Episodes,” said that seeing Peck at work “almost feels like a game between the movement and the music.”Peck, center, demonstrating to his dancers. Andrew Litton, City Ballet’s music director, described Peck’s relation to scores as “emotion-based.”Peck grew up playing piano, and continued with it while at the School of American Ballet. There, he took part in a music program led by Jeffrey Middleton. Eventually, Peck, who had long believed that dancers are musicians — especially tap dancers like Savion Glover — could interpret a score with confidence, and write piano works for himself.“Copland Dance Episodes” has been in development since soon after “Rodeo” premiered. After studying the scores and responding to them with movement, Peck mapped out the choreography as if it were a series. He said that the process of building it was closer to his work on Steven Spielberg’s “West Side Story” film than to his other ballets.“What I’m aiming to do is to get the viewer to break down the idea of, this is like a trilogy of some sort,” he said. “It’s not a trilogy. It’s sort of taking liberty by colliding all this music and immersing ourselves in the spell of it, and finding these pockets of interaction or of little anecdotes or of pure dance so that they can find the world of it in a new way.”The dancers in rehearsal. “It’s not a trilogy,” Peck said of “Copland Dance Episodes.” “It’s sort of taking liberty by colliding all this music and immersing ourselves in the spell of it.”Miriam Miller, a City Ballet soloist, said “Copland Dance Episodes” is “a nonnarrative ballet, but there are emotions and narrative within it.” There are couples who recur throughout, but the work, after the “Fanfare” introduction, begins with a version of Peck’s “Rodeo,” which was made for an ensemble of 15 male dancers (and one woman); and then, in “Appalachian Spring,” the casting is inverted, with a group of 15 female dancers on pointe. Near the end of that section, Peck said, the groups are combined “almost like peanut butter and jelly, then the third act, ‘Billy the Kid,’ brings these two worlds together and collides them.”This work is Peck’s 30th premiere with the lighting designer Brandon Stirling Baker, who said that in creating a scheme, he began with the music. “I listen for color,” he said. “And Aaron Copland is the most colorful composer you can think of. It can be many things — rowdy, epic, sensitive, serene.”Ultimately, he and Peck decided that the color should come from the score and the dancers, not from the light. “It’s going to all be light that we see in the real world,” Baker said. “It’s very honest, and the work can speak for itself. I thought about ‘Simple Gifts’: ‘’Tis a gift to be simple.’”Peck, left, with Aaron Sanz, said that the process of building “Copland Dance Episodes” was closer to his work on Steven Spielberg’s “West Side Story” film than to his other ballets.Much tone comes as well from the set, by the artist Jeffrey Gibson, whose work Peck saw in his exhibition “Like a Hammer” at the Denver Art Museum in 2018. Gibson’s style, which incorporates craft and camp in mixed media, with inspiration from his Choctaw and Cherokee heritage, is as fervently American as Copland’s music.“For me, listening to the music was a little complicated,” Gibson said. “It is Americana from a time of strife for Native American people.” But he and Peck also wanted their collaboration to put forward a vision for unity. Gibson arrived at a dizzyingly colorful curtain with text running along both sides that reads “the only way out is through” — “a set of words that expressed what a new Americana could be,” he said.The curtain’s look fed that of the costumes. Warren took the more than 100 colors of Gibson’s design and assigned two to each of the 30 dancers in the cast. During “Fanfare,” they are covered in white nylon tulle that Peck described as “the cobwebs of ballet’s past.”“He wants people to see the music in a new way,” Warren said. “They hear ‘Copland’ and they think Western. But the visuals are about dealing with the music in a way that’s truly rooted in America and our culture. All these colors are redefining what it means to be American.” More

Ticketmaster expected to be grilled by senators during Tuesday’s Senate Judiciary Committee hearing on anticompetitive behavior in the ticketing industry. But also watching closely, and bringing their own heat, were Taylor Swift’s fans.“I think Swifties have figured something out,” Senator Mike Lee, Republican of Utah, noted in his opening comments for Tuesday’s hearing, which was prompted by the fiasco surrounding Ticketmaster’s sales for Swift’s upcoming Eras Tour. “They’re very good at getting their message across.”Plans for fans to protest Ticketmaster outside the hearing — at least one of which was made by Jennifer Kinder, a lawyer representing fans in a lawsuit against Ticketmaster’s parent company — resulted in a small turnout on Capitol Hill.One of the plaintiffs in that lawsuit, Jenn Landry, said she took at last-minute flight from her home in Houston, Texas, to Washington, D.C., to attend the hearing, and that it had taken her husband eight hours to successfully buy tickets for the Eras tour.“I didn’t think it was right. It felt like the game was rigged,” Ms. Landry said. Her sign modified a lyric from Swift’s song “All Too Well” to reference the ticket debacle: “We remember your incompetence all too well.”Plenty more fans appeared to be streaming the hearing online, and a link to the Senate Judiciary Committee’s livestream of the proceedings was widely shared by fan social media accounts on Tuesday morning.“I’m having the time of my life right now, watching this courtroom stream,” said Erin Knox, a 21-year-old fan from New York State who, like many others, tweeted live reactions to the proceedings. “I have waited my entire fangirl-hood to see Ticketmaster get called out.”The fervor wasn’t exclusive to music fans. “As a Swiftie and antitrust policy nerd, this hearing is my Olympics,” Shira Stein, a Washington correspondent for the San Francisco Chronicle, noted on Twitter.And several senators — or their staff members — appeared to have prepared Swift references for the fans they knew would be watching, including Senator Amy Klobuchar and the judiciary committee itself. It tweeted a Swift song title ahead of the hearing, asking: “…Ready for it?” More

Joe Berchtold, the president and chief financial officer of Live Nation Entertainment, used his testimony to dispute many of the central complaints that are commonly made against his company: that Live Nation does not face meaningful competition; that it squeezes too much money from venues and concertgoers, and that its size and dominance insulate it from the need to make technological innovations.In his testimony to the committee, Mr. Berchtold acknowledged problems with the Taylor Swift ticket sale. “In hindsight there are several things we could have done better,” he said. Mr. Berchtold argued that the biggest problem it faced with the Taylor Swift tour was an onslaught of bots that crowded out real fans and attacked Ticketmaster’s servers, forcing the company to pause its sales. “This is what led to a terrible consumer experience, which we deeply regret,” he said.Jerry Mickelson, chief executive officer of Jam Productions, responded to Mr. Berchtold’s assertion. “For the leading ticket company not to be able to handle bots is, for me, an unbelievable statement. You can’t blame bots for what happened to Taylor Swift, there’s more to that story that you’re not hearing,” he testified later. As to the larger questions of competition in the ticketing marketplace, Mr. Berchtold argued that it was greater than ever, and said that Ticketmaster had to fight to retain its business. While Ticketmaster had an estimated 80 percent of major concert venues at the time of its 2010 merger with Live Nation, the company has lost market share since then, Mr. Berchtold said. In the past, Live Nation has been accused — including by the Justice Department — of using the leverage of its control of concert tours to coerce venues to sign with Ticketmaster.“We hear people say that the ticketing markets are less competitive today than they were at the time of the Live Nation-Ticketmaster merger,” Mr. Berchtold said. “That’s simply not true.”  He pointed to SeatGeek, Eventbrite and other players in the field, as well as to a robust resale market.In his testimony, Mr. Berchtold rebutted complaints that Ticketmaster had failed to upgrade its systems by saying that the company had invested over $1 billion to improve its technology.He also suggested that the biggest problems facing ticketing, like bots and scalping, were best tackled by Congress itself. “There are problems in the ticketing industry — problems that we believe can and should be addressed through legislation,” Mr. Berchtold said. More