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FILE. - -DOC - FormG MAR Commonwealth of Australia Competition and Consumer Act 2010- subsection 93 (1) NOTIFICATION OF EXCLUSIVE DEALING To the Australian Competition and Consumer Commission: Notice .is hereby given, in accordance with subsection 93 (1) of the Competition and Consumer Act 2010, of particulars of conduct or of proposed conduct of a kind referred to subsections 47 (2), (3), (4), (5), (6), (7), (8) or (9) ofthat Act in which the person giving notice engages or proposes to engage. PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant (a) Name of person giving notice: (Refer to direction 2) Pegasus Venue Management (AP) Pty Ltd ......

(b) Short description ofbusiness carried on by that person: (Refer to direction 3)

Pegasus Venue Management (AP) Pty Ltd manages City Recital Hall Angel Place, a 1238-seat concert hall that presents live entertainment.

(c) Address in Australia for service of documents on that person:

City Recital Hall Angel Place AUST. COMPETITION & co I UME .... c IV.I Sl N 2 - 12 Angel Place CA~Si=>RA 2 8 MAR 2012 NSW 2000

2. Notified arrangement (a) Description ofthe goods or services in relation to the supply or acquisition ofwhich this notice relates: The proposed arrangement relates to the supply of tickets to live entertainment at City Recital Hall Angel Place.

(b) Description of the conduct or proposed conduct: Pegasus Venue Management (AP) Pty Ltd proposes to offer discounts and special offers on tickets to concerts and events at City Recital Hall Angel Place exclusively to MasterCard holders through their Priceless campaign. Specific offers include: •Two for One tickets to children's show Lah-Lah's Musical Wonderland on 9/7/12 •Concert and exclusive cocktail party with Milos Karadaglic on 24/11 /12 • Exclusive pre-sale for Katie Noonan and Karin Schaupp concert on 27/10/12 (Refer to direction 4) 3. Persons, or classes of persons, affected or likely to be affected by the notified conduct (a) Class or classes of persons to which the conduct relates: (Refer to direction 5) Consumers who attend concerts and events at City Recital Hall Angel Place. (b) Number ofthose persons: (i) At present time: The total attendance at City Recital Hall is approx 180,000 per year (ii) Estimated within the next year: (Refer to direction 6) It is expected that the attendance at City Recital Hall will stay static - approx 180,000. The highest number of persons who could take advantage ofthese offers is approximately 3,700. (c) Where number of persons stated in item 3 (b) (i) is less than 50, their names and addresses: Not Applicable

4. Public benefit claims (a) Arguments in support of notification: (Refer to direction 7) Existing and new City Recital Hall patrons who hold a MasterCard will benefit from the proposed arrangement by being able to obtain lower prices, early access to purchase the best seats for a popular concert and a unique opportunity to meet the artist. A further public benefit is derived through the ability of City Recital Hall to publicise its programs through the MasterCard distribution channels, offering a much greater advertising exposure than City Recital Hall can afford and thus making a broader range of people aware of the opportunity to access arts and cultural product. Similar offers are currently made for live entertainment exclusively to American Express Cardmembers. (b) Facts and evidence relied upon in support ofthese claims: Attachment 1 is an example of a special offer to a live event being made to American Express Cardmembers.

5. Market defmition Provide a description of the market(s) in which the goods or services described at 2 (a) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 8) The relevant market likely to be affected by the proposed conduct is the market for live music. The suppliers in this market include: •Theatre venues, concert halls and performing arts compames that supply a wide range oflive performance. • Hotels and cabaret venues that supply musical performances along with food and beverages.

6. Public detriments (a) Detriments to the public resulting or likely to result from the notification, in particular the likely effect of the notified conduct on the prices of the goods or services described at 2 (a) above and the prices of goods or services in other affected markets: (Refer to direction 9) Pegasus Venue Management (AP) Pty Ltd considers that limited public detriment results from the proposed conduct as follows: •Patrons are not forced to purchase tickets through MasterCard •Patrons can obtain tickets to the same performances at normal price •The supply of live music performance is vast and patrons can choose from a range of other performance at City Recital Hall or from other suppliers of to purchase live music of the same genre from. (b) Facts and evidence relevant to these detriments: Attachment 2 is a list of events available at City Recital Hall that are not the subject ofthis application. Attached is a list of live music venues in Sydney sourced from the Internet demonstrating the high number of live music venues on Sydney

7. Further information (a) Name, postal address and contact telephone details of the person authorised to provide additional information in relation to this notification: Bronwyn Edinger GPO Box 3339, Sydney, NSW 2001 02 9231 9001 ca~~L·~OMPETITION & CA~~ql~R~ISSION 2 8 MAR 2012 Dated .. 23/3/12 Signed by/on behalfofthe applicant

(Signature) Bronwyn Elizabeth Edinger (Full Name) Pegasus Venue Management (AP) Pty Ltd (Organisation) General Manager, City Recital Hall Angel Place (Position in Organisation) Ticketmaster. Advance Tickets for American Express Cardm .. . http://'N'Iffl.ticketmaster.com.au/americanexpress

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Advance Tickets and Reserved* Seating available from 10am, Tuesday 20 March until Sam, Mon 26 March 2012 (or until sold out).

An evening with Sir David Attenborough live on stage, delving Into the extraordinary experiences, the stories, the achievements and the ethos of this legendary gentleman.

ReseMd Seating is available to Eligible CCW"dmembers only (those using a Card issued by America"'! 8q:lress Australia Limited - not bank issued}. Your passVY'OI"d is the 10-digit Customer SeNce phone number located en the back of your Card v.ith NO spaces.

·.Advance TICkets present the opp:>rtlllity i:l secure tickeCs bebre the general pub~c . oot t> obtain preferential seating. A selection of seating will be ma:te avaWable throughout the venue. Eligible CadmEn'lbers ae those INith a Card issued by AmEWica-1 Express Australia L.mited (not bri issued}. This offer is only avaHable br purchases online. 1. Subject b the Terms a1d CondiOOns of the Membership Rewards progrcwn . AminimLXn of 2,000 points must be redeemed at a1Y one time. 'rtlu must qualify 'Nith TeJms a1d Conditions in order to redeem points. Tickets must be purchased using }Cur eligible American Ellpress Card and will be chcv-ged to that day's pLXchase. America-1 Express will debH the Membership R ewards points from your progrcm account and issue a credit br the corresponding dollar cwnount to the Card acoount charged br your ti cket purchase. If the btal m.• mber of points redeemed do not cover the entire M"!Ount of the charge for your ticket purchase, the charge for the remaining balance of the purchase will remain on your Card Account. Ticket purchases taMing to qualify for Membership Rewards point redemption \WI remai""l charged to yolX America-1 Express Card Account a1d are subject b the venue's and Ticketmaster's no refundlno exchange poticy. American EJ~Pfess Corporate Cardmembers 9fYOied in Membership Rewards are not etigible to redeem points with Ticketmaster. All Qantas American Express Cards, and American Express Cards not issued by Americar~ EJ~Pfess Postralia are excluded from us ing Membership Rewards points for the p41chase of tickets with Ttcketmaster.

Ameri c ar~ Express A.J stralia United (/IBN 92 108 952 085). J\ustraliar~ Credit licence No. 291313. ® Registered Trcdemcrt of America-1 Express Company.

ABOUT US WE'RE HERE TO HELP PARTNERS BE A PART OF IT Woo We Are Your Account American Express Ticket Your Evert Across the Globe Print Tickets Advertise W~h Us City Recital Hall Angel Place

Events on Sale 117/12- 31/12/12

Performance Name Perf Date Perf Time Takacs Quartet 2/07/2012 7:00PM Magical Miniatures 3/07/2012 7:00PM Mozart meets Copland 12/07/2012 7:00PM Trout Quintet & Quartet 14/07/2012 7:00PM Emerging Artists 17/07/2012 12:30 PM Trout Quintet & Quartet 17/07/2012 8:00PM Trout Quintet & Quartet 18/07/2012 7:00PM Outback Adventure 20/07/2012 7:00PM Night Vigil 20/07/2012 7:30PM English Voices 20/07/2012 7:30PM Amarcord 21/07/2012 2:00PM Sally-Anne Russell 21/07/2012 5:00PM Night Vigil 21/07/2012 7:30PM Dazzling Virtuoso 25/07/2012 7:00PM Dazzling Virtuoso 27/07/2012 7:00PM Autumn Dreams 30/07/2012 6:00PM Armacord 30/07/2012 7:00PM Masterpieces for Solo Flute 30/07/2012 7:30PM Powerful China 31/07/2012 6:45PM Dazzling Virtuoso 1/08/2012 7:00PM ArtsNorth Secondary Music Fest 1/08/2012 7:00PM ArtsNorth Primary Choral Gonce 2/08/2012 7:00PM Dazzling Virtuoso 3/08/2012 7:00PM Dazzling Virtuoso 4/08/2012 2:00PM Dazzling Virtuoso 4/08/2012 7:00PM Sunken Dreams 5/08/2012 5:00PM Happy Birthday Villa-Lobos 6/08/2012 6:00PM Voices of Nature 6/08/2012 7:30PM Beethoven 9 7/08/2012 8:00PM Beethoven 9 8/08/2012 7:00PM The Patron 8/08/2012 7:30PM Sunken Dreams 9/08/2012 7:30PM Cutloose meets The NOISE 10/08/2012 7:00PM David Helfgott performs Shine 10/08/2012 8:00PM Beethoven 9 11/08/2012 7:00PM Splendour of Venice 12/08/2012 7:30PM Forgotten Masterworks 13/08/2012 6:00PM Sunken Dreams 13/08/2012 7:30PM Fairy Tales 13/08/2012 7:30PM Sunken Dreams 15/08/2012 7:30PM Masterpieces of Time 17/08/2012 8:00PM The Art of Variation 20/08/2012 6:00PM Piers Lane in Recital 20/08/2012 7:00PM Judy Bailey and Friends 20/08/2012 7:30PM Farmers and Miners 21/08/2012 6:45PM Alana Blackburn Peter Farrar 23/08/2012 7:30PM The Beatles Unplugged 24/08/2012 7:00PM The Beatles Unplug~ed 25/08/2012 5:00PM Give me a ticket to Heaven 27/08/2012 6:00PM City Recital Hall Angel Place

Discover Debussy 27/08/2012 6:30PM Outstanding String Works 27/08/2012 7:30PM Symphonic Mozart 30/08/2012 7:00PM Matt Keegan Trio 31/08/2012 12:30 PM Symphony Orchestra 31/08/2012 6:00PM Symphony Orchestra 1/09/2012 4:00PM New Friends 3/09/2012 6:00PM Complete Beethoven Sonatas Ill 3/09/2012 7:30PM My Song is Love Unknown 4/09/2012 7:00PM Early Music Ensemble 8/09/2012 4:00PM Paul Tortelier 10/09/2012 6:00PM Elegies 10/09/2012 7:30PM Sunrise 11/09/2012 7:00PM Spiritual Reflections 12/09/2012 7:00PM Modern Music Ensemble 14/09/2012 6:00PM Orphee aux enters - Offenbach 15/09/2012 6:00PM You Must Sleep, But I Must 17/09/2012 6:00PM Kuss Quartet & Naoko Shimizu 17/09/2012 7:00PM Steve Brien and Friends 17/09/2012 7:30PM George Palmer 101 17/09/2012 7:30PM Sydney University Symphony Ore 18/09/2012 12:30 PM Designer babies 18/09/2012 6:45PM Orphee aux enters - Offenbach 18/09/2012 7:00PM Monteverdi's L'Orfeo 19/09/2012 7:00PM Monteverdi's L'Orfeo 20/09/2012 7:00PM Bach's Mass in B minor 20/09/2012 7:00PM Orphee aux enters - Offenbach 20/09/2012 7:00PM Wind Symphony 21/09/2012 6:00PM Monteverdi's L'Orfeo 21/09/2012 7:00PM Orphee aux enters - Offenbach 22/09/2012 4:00PM Bach's Mass in B minor 22/09/2012 5:00PM Angela Hewitt in Recital 24/09/2012 7:00PM 0 Monteverdi's L'Orfeo 25/09/2012 7:00PM Monteverdi's L'Orfeo 26/09/2012 7:00PM Kodo and Taikoz in Concert 27/09/2012 7:30PM Kodo and Taikoz in Concert 28/09/2012 7:30PM Kuss Quartet & Naoko Shimizu 29/09/2012 2:00PM Sound In Motion Sonic Emotion 29/09/2012 8:00PM Flinders Quartet 4/10/2012 12:30 PM Big Band 5/10/2012 6:00PM Early Music Ensemble 6/10/2012 4:00PM Ngaire de Korte 8/10/2012 6:00PM Anna Reid 8/10/2012 7:30PM Montiverdi- Vespers 13/10/2012 4:00PM Mozart, Handel & Vivaldi Gonce 13/10/2012 7:00PM Montiverdi- Vespers 15/10/2012 6:00PM From Prodigy to Prodigious 15/10/2012 7:00PM 20th Century Masterpieces from 15/10/2012 7:30PM Mozart, Handel & Vivaldi Gonce 16/10/2012 8:00PM Mozart, Handel & Vivaldi Gonce 17/10/2012 7:00PM Northern Lights 18/10/2012 7:00PM Landscapes I Cityscapes 19/10/2012 6:00PM City Recital Hall Angel Place

Glorious Baroque 19/10/2012 7:00PM Large Choir 20/10/2012 4:00PM Glorious Baroque 20/10/2012 7:00PM Northern Lights 20/10/2012 7:00PM Rodelinda 20/10/2012 7:00PM Northern Lights 21/10/2012 2:00PM Norwegian Contemporary 22/10/2012 6:00PM Matt McMahon and Friends 22/10/2012 7:30PM Beautiful Minds 24/10/2012 7:00PM Pallo's Farewell 26/10/2012 6:00PM Beautiful Minds 26/10/2012 7:00PM Northern Lights 26/10/2012 7:00PM Pallo's Farewell 27/10/2012 4:00PM Beautiful Minds 31 /10/2012 7:00PM Beautiful Minds 2/11/2012 7:00PM Beautiful Minds 3/11/2012 2:00PM Beautiful Minds 3/11/2012 7:00PM Anthony Marwood & Alexsander 5/11/2012 7:00PM Ship to Shore 5/11/2012 7:30PM Ship to Shore 7/11/2012 7:30PM Ship to Shore 8/11/2012 7:30PM X New Beginnings 9/11/2012 7:00PM X New Beginnings 9/11/2012 7:00PM New Beginnings 9/11/2012 7:00PM Anthony Marwood & Alexsandar 10/11/2012 2:00PM Daniel Blinkhorn Tim Franklin 10/11/2012 7:30PM Discover Mozart & the Rondo 12/11/2012 6:30PM Ship to Shore 12/11/2012 7:30PM Ensemble Offspring 14/11/2012 12:30 PM The Entertainer 14/11/2012 7:30PM Russian Visions 17/11/2012 7:00PM Russian Visions 20/11/2012 8:00PM Russian Visions 21/11/2012 7:00PM Life's Journey 24/11/2012 5:00PM From afar 24/11/2012 8:00PM Noel! Noel! 12/12/2012 7:00PM Dr V's Swing Thing 14/12/2012 12:30 PM Noel! Noel! 15/12/2012 5:00PM Noel! Noel! 15/12/2012 7:00PM TOTAL Sydney Pubs Clubs Live Music Venues http://www.sydneymusicweb.com/venues.htm ....

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Live Music Venues Sydney Hotels Clubs Restaurants Bars

SensoSensoShop Now!$ 259.00Neu RMKRMKShop.. Now!$ 149.95Neu Name Location Web Phone(o2) accessibility. coOL au- Disability access information. 93105732 Annandale Hotel Annandale 9550 1078 Bankstown District Sports Club Bankstown 9709 3899 Bankstown Trotting Recreational Oub Bankstown 9709 2111 Bar Broadway Sydney 9264 6777 Bat & Ball Hotel Surry Hills 9699 3782 Blacktown RSL Club Blacktown 9622 5222 Blacktown Workers Oub Blacktown BC\•erly Park Golf Club Beverly Park 9587 3424 Bayview Tavern Gladesville 9817 2632 Bondi Diggers 9635 6747 Brass Monkey Cronulla 9544 3844 Brighton-Le-Sands RSL Oub Brighton-Le-8ands 956 5157 Burwood RSL Oub Burwood 9744 7444 Bridge Hotel Rozelle 98101260 Campbelltown Catholic Oub Campbelltown 4625 0000 Campbelltown RSL Campbelltown 4625 1408 Canterbury-Hurstone Park RSL Canterbury 9599 0000 Club77 East Sydney 9361-4981 Club Marconi Bossley Park 9823 2222 Cock & Bull Hotel Bondi Junction 9389 3004 Conunercial Hotel Balmain East 9810 1663 Conunercial Hotel 9635 8342 Eastern Lounge Chatswood 9474 1066 Eastern Suburbs Leagues Oub Bondi Junction 93891011 Eastwood Hotel Eastwood 9574 1100 Empire Hotel Annandale Enmore Hotel Enmore 95571016 Excelsior Hotel Surry Hills 92114945 Fairfield RSL Oub Fairtield 97275000 Forest Inn Bexley 9567 1284 Goldern Sheaf Double Bay 9327 5877 Green Square Hotel Zetland 9698 3195 Harbord Beach Hotel Harbord 9905 3434 Harbord Diggers Memorial Oub Harbord 9938 1444 Harbourside Brasserie City 9252 3000 Hard Rock Cafe 92800077 Harp Hotel Tempe 9558 8300 Hopetoun Hotel Surrey Hills 9361 5257 Hornsby Inn Hornsby 94775555 Iguana Bar Potts Point 93572609 Iron Duke Hotel Alexandria 9690-0999 Kings Cross Hotel Kings Cross Kogarah Tavern Kogarah Lansdowne Hotel Sydney 9211 2325 Manly F1sho's Manly 99774800 Manly Warringah Leagues Oub Manly 9939 6722 Maroubra Junction Hotel MrbrJnctn 9344 3554 Metro Sydney 9264 2666 NewtownRSL Enmore 95611911 Northpoint Tavern North Sydney 9954 0101 Observer Hotel The Rocks 9252 4169 Oceanic Bar Coogee Paddington RSL Paddington 93311203 Parramatta Leagues Oub Parramatta 8833om Penrith Hotel Penrith 4721 2060 Penrith Panthers Penrith 47205555 Rand,..ick Labor Club Rand wick 93981604 RedfernRSL Redfern 9698 3992 Regent Hotel Kingsford 9663 2248 RevesbyWorkers Oub Reves by 9772 2100 Romance Restaurant Kingsford 96634091 Rooty Hill RS L Rooty Hill 9625 5500 Rose Of Australia Hotel Erskin ville 9565 1441 Sydney Pubs Clubs Live Music Venues http://www.sydneymusicweb.com/venues.htm

Roxbury Hotel Glebe 9692 0822 Royal Oak Hotel Double Bay 9363 3935 Royal Hotel Bondi 91305276 South Sydney Juniors Kingsford 9349 7555 Soup Plus Sydney 9299-7728 St Patrick's Tavern Mount Druit 9675 1870 St Patrick's Tavern Seven Hills 9622 1671 St Patricks Tavern Sydney City 9262 3277 Scruffy Murphy's Sydney City 9211 2002 Selina's Entertairunent Coogee 966s 0000 Side On Cafe Annandale 95 16 3077 Smithfield RSL Oub Smithfield 9604 4411 St George Leagues Oub Kogarah 95871022 Star Uty Sydney 9m90oo Strawberry Hills Hotel Stawberry Hills 9698 2997 Sydney Hilton Sydney 9266 2000 The Basement Sydney 9251 2797 Three Weeds Hotel Rozelle 9810 2244

Concert & Performance Venues

Name Location Web Phone(o2)

City Recital Hall Sydney 92319000 Hills Centre Castle Hill 9899 2488 Hordern Pavillion Moore Park 9383 4666 Joan Sutherland Performing Arts Centre Penrith 4721-5423 Amphitheatre Sydney 9265 9367 Paddington Town hall Paddington 9331 4592 Roundhouse Kensington 99313230 Stage Marrickville 9519 7887 State Theatre Sydney 9373 6655 Sutherland Entertainment Centre Sutherland 9521 8888 Sydney Fntertairunent Centre Haymarket 9320 4200 Sydney 9250 7472 Sydney 9250 7777

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