20MILLION PEOPLE IN FRANCE REGULARLYUSE MUSIC STREAMING PLATFORMSSUCH AS APPLE MUSIC, GOOGLE PLAYMUSIC, YOUTUBE MUSIC, AMAZON,DEEZER OR SPOTIFY. 61 Several actors from the audiovisual and a platform on which 76 million music videosjoint ventures, provided that the transac- media sectors have also entered the are viewed every day in France. For its part,tion in question meets the turnover contemporary music sector, including Apple has developed iTunes, its online musicthresholds. Specific thresholds are also pro- Lagardère and Morgane Production, which download store. Moreover, Apple and Ama- vided for at the European Union level and, have developed their business operating zon are developing their music streaming when these are reached, the European Com- venues and/or organising shows, as well services: Apple Music and Amazon Music mission is competent to examine these as TF1, which produces certain artists, viaUnlimited. Finally, outside Europe, Face- transactions in a "one-stop shop" approach. its subsidiary Play Two. This diversificationbook has launched a Music Videos service In such cases, the Autorité or the European could allow for synergies between differentthat hosts music videos. Its Instagram plat-Commission would have to decide whether business areas (production, media and form is used by a wide range of artists to to clear, impose conditions on or block such venue operation). promote their activities. a transaction. In the context of its analysis, the Autorité (or the Commission, as the case The development of international Some platforms have also expanded to may be) would then have to examine the actors in France include certain live activities, although possible anticompetitive effects generated Besides the diversification of actors in thethese still marginal for the time being. by the transaction. It would also take into music industry, the Autorité has observed As regards live entertainment, Facebook account any efficiencies that may result, the significant expansion of internationalmakes it possible to organise live perfor- such as economies of scale or range effects. actors in France, in particular the groupsmances, including musical performances, For example, the Autorité has previously Live Nation and Anschutz Entertainment thanks to its livestream feature. Similarly,examined the acquisition of sole control of Group (AEG), which have set up or taken Google offers artists the opportunity to Deezer by The Access Industries (Decision stakes in the organisation of major festi-stream live content through its YouTube 16-DCC-97 of 24 June 2016) and the acqui- vals (Lollapalooza in Paris, Main Square inservice. Furthermore, the TikTok platform, sition of joint control of Kyro Concept, a Arras, for example, in the case of Live published by ByteDance, also allows live ticketing IT manager, by Fimalac and Fnac Nation) and the operation of venues (Accorstreaming of musical content and has (Decision 14-DCC-53 of 11 April 2014). Arena in Paris, in the case of AEG). rapidly taken an important position, in par- ticular among younger audiences. Anticompetitive practices Live Nation, the leading music company in The Autorité has the means of action at its the organisation of shows, organises disposal in the context of its powers to sup- 40,000 shows worldwide for more than A RANGE OF INTERVENTION press anticompetitive practices. As such, 5,000 artists such as Metallica, Ariana TOOLS TO SAFEGUARD it can be obliged to sanction any anticom- Grande, Pink and Bon Jovi, as well as aroundTHE COMPETITIVE DYNAMICS petitive agreements or abuses of dominant 100 festivals. It also operates show venuesOF THE SECTOR position that it has identified, and restore and the ticketing company Ticketmaster, competition on the markets. In 2012, for the second largest operator in the sector The profound transformations in the sec- example, the Autorité fined Fnac, its subsi- in France after Fnac. For its part, AEG pro-tor have given rise to various concerns diary France Billet and Ticketnet €9.3 mil- duces shows for artists such as the Rollingamong the actors and the public authori- lion for two practices of anticompetitive Stones, Taylor Swift, Bruno Mars, Enrique ties. In this regard, the Autorité reiteratesagreements: collective fixing of the prices Iglesias, Céline Dion, and Ed Sheeran, andthat the reflections on the impact of the of the commissions charged to organisers organises festivals such as Rock en Seine trends identified in the opinion on the diver-of shows for selling tickets to shows, and in France. AEG also operates more than 300sity and plurality of artistic creation are pri-concerted action to prevent a competitor venues around the world, including the 02 marily the responsibility of the authoritiesfrom entering the market (Digitick). Arena in London, The Colosseum at Caes- and bodies responsible for cultural policy ar’s Palace in Las Vegas, the Tele2 Arena inat national and local level. Opinion 21-A-08 of 27 May 2021 Stockholm and the Mercedes Platz in Ber- lin, as well as dozens of arena venues At the end of its analysis, the Autorité reaf- around the world. firms that it has the necessary tools to ensure the competitive functioning of the The development of platforms sector through its ex-ante intervention in the music indstryu tools under merger control and also ex-post, GAFA, for their part, have become major through enforcement against anticompe- players in the music sector through their titive practices. recorded music distribution and video streaming businesses. Their respective Merger control weight and strategies in this area differ The Autorité is competent to examine significantly. Google occupies an importantconcentration operations including mer- position through its operation of YouTube,gers, takeovers or the establishment of ACTIVATING TRANSFORMATION