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The twisted legislation of the Sherman Act doesn’t make any actions illegal; only results are illegal. What’s the “blockbuster issue” that “may” suggest Ticketmaster’s monopoly is illegal? It’s the practice of profit sharing with venues, promoters, and artist managers who sign on to long-term contracts. Is this act illegal? Evil? If Joseph Alioto feels that this act is a form of “commercial bribery,” would he be against an upstart competitor using such an arrangement to gain contracts with the industry? Are airline frequent-flier programs “commercial bribery”?
And what if Paul Weiss wins? What exactly is the federal government supposed to do? He does not say. It would appear, though, that he is looking for some sort of price control. Who, then, is to define “reasonable” vs. “excessive”? By choosing to pay the surcharges, Weiss has in fact accepted them as reasonable. (Or does he discard all reason when he puts on his rock fan hat?) I actually do think a $4.25 charge is unreasonable, therefore I don’t pay it. (I was going to see the Lloyd Cole show, but whoa–Ticketshafter charge! Forget it.) That’s how pricing works in a free economy, Paul.
Mark Roeser