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Journal of the
Music & Entertainment Industry Educators Association
Volume 13, Number 1 (2013)

The Three Tenors Antitrust Case: What Did We Learn?

Paul Saintilan
Australian College of the Arts (“Collarts”)

Abstract

“PolyGram Holding,” commonly known as “The Three Tenors Case” has been one of the most cited antitrust (anti-competitive) cases of the past ten years, yet the discussion has been largely confined to legal journals and the U.S. antitrust community. What can managers in large commercial music and entertainment organizations learn from the case? What are the practical implications? The paper argues that the case influences the conceptualization and structuring of certain types of joint venture deals, that the core problem initially arose from attempting to address an internal conflict of interest issue within PolyGram, and the case demonstrates the confusing nature of antitrust law for a practicing music manager.
 

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