ANTI-COMPETITIVE PRACTICES AND LIVE MUSIC

Black Sabbath @ Shoreline Amphitheater / 26 August 2013

I've been thinking again as usual...after hearing the striking difference between Cheap Trick and Foreigners' sound at Shoreline Amphitheater in Mountain View last summer; it's obvious to me now that this kind of anti-competitive practice should not be allowed because it is largely based upon Anti-competitive Practices. This was largely due to Cheap Trick getting a relatively smaller percentage of the Public Address and/or PA volume -- and Foreigner getting 100% PA as headliners usually do. 

Mainly because opening acts can 'top out' the show too early and make the headlining acts look bad later. And not only is this a common practice that has been going on for many years now; but volume inequality reduces product quality for consumers of this live music. This in turn reduces consumer protection and creates a state of unfair competition between musical acts as well. Whether the product is laundry detergent or live music; consumers desire quality products and need equal competition between competing business entities.

The FTC takes action to stop and prevent unfair business practices that are likely to reduce competition (and lead to higher prices) in other areas of business -- regarding reduced quality or levels of service, or less innovation. Anticompetitive practices include activities like price fixing, group boycotts, and exclusionary exclusive dealing contracts or trade association rules, and are generally grouped into two types: The FTC generally pursues anticompetitive conduct as violations of Section 5 of the Federal Trade Commission Act, which bans “unfair methods of competition” and “unfair or deceptive acts or practices.” 

NOTE: 1) Whether it is Microsoft in the 1990s retaliating against and/or strong-arming competitors using their big bucks and/or 2) Apple keeping printed publications with a relatively lower spending budget out of their Apple stores and/or selling iphones that not only facilitate the theft of copyrighted musical materials; but also continue to massively disrupt the printed publication industry and/or 3) Foreigner keeping Cheap Tricks' PA level down -- it all amounts to different forms of anti-competitive practices.

SEE ALSO: The Bay Guardian won an antitrust case against the SF Weekly in 2010 when the state Supreme Court refused to review lower-court rulings ordering the Weekly to pay $21 million in damages for trying to drive its rival out of business by selling ads below cost. > GO TO: http://www.sfgate.com/bayarea/article/Bay-Guardian-wins-antitrust-case-against-SF-Weekly-3164583.php 

Adding to this; Right after Bam Magazine stopped publishing in 1999 (which was originally created and owned by Dennis Erokan) Google not only copied and/or stole Bam Magazines' entire business model (in other words; free content driven by advertising dollars) but they also hired Bams' ex-advertising executive Annie!?!

A Brief Overview of the Federal Trade Commission's Investigative and Law Enforcement Authority: A. In General / The Commission may "prosecute any inquiry necessary to its duties in any part of the United States" (FTC Act Sec. 3, 15 U.S.C. Sec. 43) and may "gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting banks, savings and loan institutions * * * Federal credit unions * * * and common carriers * * *." (FTC Act Sec. 6(a), 15 U.S.C. Sec. 46(a)).(2) Pre-complaint investigations are generally non-public and, thus, are not identified on this site. On occasion the existence of an investigation may be identified in a press release.(3) > GO TO: https://www.ftc.gov/about-ftc/what-we-do/enforcement-authority 

When John got to play drums for the band Jetboy years back on a tour of the southern United States opening for the band Stryper; Jetboy was allowed only a percentage of the PA. The Stryper stage manager would come walking up with a flashlight and shine his light on the master volume dial as a reminder to turn down the volume to 50%. 

Jetboy Soundman Tommy would creep it down as the Stryper Stage Manager walked up; then creep it back up as he walked away. But cutting the PA not only reduced competition between bands; as it also reduced the quality of the live musical product received by consumers. 

It made the drums sound like John was hitting chairs sometimes and therefore sort of ruined his experience as an arena concert drummer -- making him want to start singing just so he could actually be heard. And it is still hard for John to believe that a Christian band like Stryper did such an evil thing; but they did. What would Jesus think of all this Stryper PA percentage stuff?

Note: There are many implications of an uneven playing field when it comes to concert PA volume and/or headlining act ego protection. Listeners can get a bad impression of opening acts and be turned off when they could have otherwise been impressed -- and this can lead to substandard record sales and/or subsequent loss of recording contracts, catering food and/or groupies etc.

GO TO: ANTI-COMPETITIVE PRACTICES @ 

https://www.ftc.gov/enforcement/anticompetitive-practices 

SEE ALSO: Better Online Ticket Sales Act / Mission: Consumer Protection / Law: 15 U.S.C. § 45c / Link: http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section45c&num=0&edition=prelim / The Act prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer. The Act also prohibits selling or offering to sell an event ticket obtained through such a circumvention violation if the seller participated in, had the ability to control, or should have known about the violation. 

The Act applies to event tickets for public concerts, theater performances, sporting events, and similar activities at venues with seating capacity of over 200. > GO TO: https://www.ftc.gov/enforcement/statutes

BONE BASH 2017!