•' 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 Sydney 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 My licketmaster Gift Cards OJUet Locations Help Enter Artist, Team, or Venue New South Wales/Australian Capital Territory Welcome . (Sign In) Home Music Sports Arts, Theatre & Comedy Family and Attractions My Cart (0) 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