2023-06-03 16:41:24
The end of their successful agency was anything but fantastic. And from the point of view of the Fantastischen Vier also quite unclean. Was SCHMUH running here with Smudo (55) and Co.?
Courts have been dealing with the case for years, regarding which the entire music industry is talking and at the center of which is event giant Eventim (stock market value of more than six billion euros).
The case reads like an economic thriller and has the ingredients of a “shell game”. It’s regarding a failed sales deal, millions in damage for the popular musicians and a lengthy procedure with the judicial authorities.
Michael Bernd Schmidt, Michael Beck and Thomas Duerr at the “YouTube Golden Camera Digital Awards” in September 2019 in Berlin
In intensive research, Bayerischer Rundfunk has shown how the industry giant Eventim is said to have expanded its market position by bypassing the Cartel Office.
Smudo to BILD: “In our opinion, something went wrong here.”
What makes the musician and his bandmates Thomas D. (54), Andy Ypsilon (55) and Michi Beck (55) angry as business partners and founders of their former agency “Four Artists Booking” (FAB)? Manager Bär Läsker (59) explains: “We were cheated out of over 20 million euros, our company was destroyed and the public prosecutor’s office in Berlin sees no suspicion. And the Federal Cartel Office describes the clear circumvention of its decision as ‘annoying’.”
The trouble relates to provider Eventim. As a virtual monopolist in the events sector, almost eight out of ten concert tickets in Germany are sold through the listed company’s channels. In 2017, Eventim wanted to take over the “Fourt Artists”. The Fanta4 musicians founded the agency in the mid-90s and in the years that followed developed it into a successful contact for artists, tours and concerts.
But the cartel office prohibited the deal. According to the documents available to BR, a statement said: “The proposed merger will be prohibited.” Such a takeover would lead to “a significant impediment to competition”.
Smudo: “We mightn’t do anything, stayed independent.”
CTS Eventim is a German leisure events, ticketing and live entertainment company headquartered in Bremen
But then the takeover through a back door? Or all coincidence? In 2019, the managing director of FAB first resigned, later more than half of the approximately 50 employees. In 2020, the agency “All Artists Agency” was founded with many of the former FAB colleagues. Eventim has a 51 percent stake in it. A new company was created – with the know-how and contacts of the old FAB employees.
On October 30, 2020, Smudo and his partners filed criminal charges in Berlin through their lawyers, among other things, for breach of trust once morest ex-employees and the Artists Agency as the majority subsidiary of CTS Eventim. But the public prosecutor dropped the case in 2021.
Smudo, hip hopper from the Fantastischen Vier
The assumption: the departure of the employees and the merger in a new company were planned. A spokeswoman for Eventim contradicts this in BILD: “Employees were never poached. The persons concerned changed – in 2019, i.e. two years later and following the former managing director and co-partner had already left Four Artists GmbH. The change took place due to the emerging situation at her old employer, in particular following an event with the owners that was unsuccessful in terms of communication and content.”
Fanta 4 is a German hip hop band from Stuttgart. The members were, along with Advanced Chemistry, one of the first German-speaking rap groups
And further: “For the sake of completeness, it should be pointed out that the employees concerned were also interviewed as part of the process, who unanimously confirmed that they had not been poached. The employees wanted to change employers for internal reasons at Four Artists.”
The Eventim spokeswoman refers to the court: “Following a complaint by the complainants, the Attorney General’s office finally confirmed that there was nothing to the allegations.”
Smudo (real name Michael Bernd Schmidt) and his fellow campaigners don’t want to be satisfied with that. Even if the criminal proceedings have been discontinued. They continue to fight civil law once morest the two former managing directors.
Have been in business for a long time: Die Fantastischen Vier at the 50th anniversary party of Bravo Magazine in October 2006 in Hamburg
And the music star freely expresses his thoughts behind it at BR: “Within three months, the entire store has flowed into a new store that was made by someone who had been told by the Cartel Office not to do it.” This question Smudo is not the only one to ask whether this is legal.
The President of the Federal Cartel Office, Andreas Mundt (62), is rather subdued towards the BR in relation to the procedure, describing the circumstances as “annoying”. “This is a fact that is ultimately not covered by antitrust law and competition law.” A start-up is not subject to registration. “It’s not something we can verify.”
Andreas Mundt, President of the Federal Cartel Office
Smudo dryly: “After the nonchalant reaction of the President of the Cartel Office, I still have the feeling that buying is probably not okay, but stealing doesn’t bother anyone.” There should still be a lot of music in this matter. The fantas don’t want to be satisfied with the status quo.
And they have shown over the last few decades that they have staying power.
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