Out of Scope Issue 97: Ticketmaster Goes to Washington

Plus: Activist investor throws down, Amazon enters the $5 pharma arena, and is it the end of M&Ms with limbs?

Jan 27

The last full week in January proved to be a newsy one, complete with the removal of spokescandies, the introduction of Taylor Swift lyrics into the Congressional record, and activist investor Elliott Management going for Big SaaS with a Salesforce stake. What does all of this tell us at Hirsch Leatherwood? As we approach February and Super Bowl brand activation season, company marketing activities and news bites should get interesting.

💡ON OUR MINDS: Ticketmaster’s Not Quite Out of the Woods

With over two decades worth of antitrust concerns and skyrocketing prices, Ticketmaster earned itself a front-row seat before the Senate Judiciary Committee. After botching the presale for Taylor Swift’s upcoming Eras Tour, the sales giant came under renewed fire, inspiring government intervention and a class-action lawsuit from the all-too-powerful Swiftie army. This week’s hearing suggested the world’s most formidable fanbase may count more than a few members of congress among its ranks.
Political bigwigs jumped at the opportunity to demonstrate their Swiftian bona fides. Unsurprisingly, senators on both sides of the aisle can quote the ubiquitous “Blank Space” and “Anti-Hero.” But color us surprised to hear a nod to 2017’s largely forgotten “This Is Why We Can’t Have Nice Things” in the halls of Congress. The quote-happy senators could remember that authenticity goes far in political theater. Most lines felt like forced virality plays, resulting in several bum notes.
Ticketmaster, too, has offered up a helpful what-not-to-do amid their ongoing reputational struggles. Rather than take ownership of their presale blunders and garner much-needed goodwill, the company blamed Swift for being too popular.
Of course, Swift and her apostles are not the only ones Ticketmaster has burned. Last month’s bungled sale of Bad Bunny tickets in Mexico City drew the ire of Mexican President Andrés Manuel López Obrador, and Pearl Jam attempted to call the corporation to carpet back in 1995. Time will tell whether the latest dustup is the one Ticketmaster can’t — forgive us — shake off.

📡 ON OUR RADAR

Noted activist investor Elliott Management funneled millions into Salesforce this week. With another stake in a 146-year-old Japanese conglomerate and hints at partnership with other activist investors, the investment firm with a fighting spirit is standing up to Big Tech and Big Industry with seats on the Board. What this means for other companies: entertaining investment from anywhere is appealing under these economic conditions (looking recession, tech layoffs, etc.), but where’s the universal framework for taking on a potentially noisy and disruptive money source when you need it?
Digital pharmacies, from Capsule to Mark Cuban’s Cost Plus, are giving traditional pharmacies a run for their money. Amazon announced plans to enter the pharmaceutical space with the launch of RxPass, a new Prime benefit allowing members to access eligible prescriptions for just $5 a month. The new service will provide members affordable access to commonly prescribed generic medications that treat more than 80 common health conditions, from high blood pressure to anxiety and acid reflux.
There’s no question TikTok has changed the way we consume content online. The latest shift? Young internet users are ditching Google for TikTok for its search engine capabilities. There’s also been a change in consumer expectations for search and AI. A tool once intended to serve you is now supposed to understand you. A Senior Writer at WIRED embarked on an experiment where she solely relied on TikTok as her primary search tool. While she found the platform helpful for quick and candid tips, it looks like she’ll be returning to Google after all.
New York City Mayor Eric Adams announced that Uber and Lyft will be required to be zero emission by 2030, meaning drivers have to drive electric cars. Uber and Lyft CEOs announced their excitement about working alongside the city to reduce emissions. The tricky part of the task falls on the millions of drivers - many of them use their personal vehicles to drive for the ride-hail apps.

🥊QUICK HITS:

In case you missed these stories this week.

The week started with an interesting corporate statement from M&Ms declaring the end of anthropomorphic candy due to dynamics dividing America. While the move caused chatter and clever parodies (h/t A&W), there's a 70% chance it was simply a stunt to set up a big Super Bowl ad spend.
Paris Couture Fashion Week started with a bang after Schiaparelli hit the runway with faux-taxidermy animal heads. Despite PETA taking no issue with the looks, other organizations claimed it glorified wildlife hunting.
There’s been a lot of focus on how brands will leverage the creator economy, the metaverse, Web3, and AI—and rightly so. But the real brand star of the rapidly-evolving digital ecosystem? Martha Stewart.
Time's Up announced it would be halting operations and shifting its resources and funding to the Time's Up Legal Defense Fund. By the start of 2023, the organization looked different since its inception, with few board members left following an internal shake-up in late 2021. Board chair Gabrielle Sulzberger shared that the best decision for the organization is to focus solely on the Legal Defense Fund, as it reflects who Times Up is at its inception and core.

Thanks for reading,

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