European Indie Trade Groups Call on Regulators to Investigate UMG’s Acquisition of [PIAS]

LONDON – Independent labels trade body IMPALA is calling on regulators to investigate Universal Music Group’s acquisition of [PIAS] over concerns that the deal restricts competition in the global record business and “narrows options for artists and labels.” 

[PIAS] co-founders Kenny Gates and Michel Lambot announced earlier this week that they were selling their remaining shares in the indie label group to Universal Music Group (UMG), which already owns a 49% stake in the company, for an undisclosed sum.

The deal gives UMG full ownership of [PIAS]’s services division [Integral], which provides physical and digital distribution services to more than 100 indie label partners including ATO, Beggars Group and Secretly Group and will henceforth merge with Virgin Music Group.

Also falling under UMG’s control because of the share sale is the [PIAS] Label Group, home to indie imprints Play It Again Sam, harmonia mundi, Spinefarm, Source and partner labels such as ATO, Heavenly, Mute and Transgressive. Despite the change in ownership, [PIAS] says its label group business will remain completely autonomous.

In response, IMPALA and several of its associate national trade groups are calling on competition regulators to launch an investigation into what it described as “unchecked concentration in the music market [which] continues to be a serious problem.”

“The bottom line is UMG’s acquisition of [PIAS] will increase the power of [UMG] across Europe and beyond, including the U.K. and the USA, and IMPALA expects regulators in these jurisdictions to take action,” said the Brussels-based organization, which represents over 6,000 indie music companies in Europe, in a press release on Friday (Oct. 18). 

Helen Smith, IMPALA’s executive chair, said she “expects” regulators to review the [PIAS] acquisition “and answer the question the industry is asking about how it is possible for UMG to gain more market share after it was already considered too big?”

“A share deal is one thing, this is something else,” said Smith, who is calling for competition officials to assess how the deal impacts physical and digital music markets, including distribution services, “as well as the impact on competitors, digital services, artists and fans.” 

Geert de Blaere, the chair of Belgian association BIMA, said that while the Belgian market owes a debt of gratitude to [PIAS] for showing entrepreneurs what is possible, the impact of the company’s takeover by UMG “will be structural, significant and long lasting” for the independent music business. 

“This is completely different to a share deal as UMG takes over the market share of [PIAS]. Scale and stability in the whole independent sector will be lost. Incremental shifts in the market across the majors leverages disproportionate influence in the hands of a few companies. Each time that happens the result is more control over how the market develops,” said de Blaere in a statement.

Supporting calls for an investigation, IMPALA chair Dario Draštata said the deal strengthens UMG in terms of market share, “eliminates a principal competitor” and “narrows options for artists and labels.”

Representatives for UMG and [PIAS] did not respond to requests for comment when contacted by Billboard.

The acquisition of [PIAS] by the world’s biggest music company further grows the dominant market share enjoyed by UMG and follows the expiration of a 10-year ban on the music giant acquiring certain music companies or catalogs in Europe.

Those restrictions were placed on UMG in 2012 by the European Commission as one of the conditions of the company’s $1.9 billion takeover of EMI going ahead. As part of that process, the European Union’s executive branch forced UMG to divest the Parlophone Label Group, which was bought by Warner Music Group (WMG) for around $750 million, as well as the offloading of numerous EMI entities in Europe, and the Chrysalis, Mute, Sanctuary and Co-op Music labels.

To receive regulatory approval to buy EMI, UMG committed to not re-acquire any of the assets sold, or re-sign any artists signed with labels it had divested for a period of 10 years. Just a few months after that decade-long ban expired in September 2022, Universal acquired a 49% minority stake in [PIAS], which owns some of those previously off-limits catalogs, including Co-op Music.

On Tuesday (Oct. 15), UMG announced it had grown its minority interest to full ownership, following Gates and Lambot’s decision to sell their controlling stake.  

The acquisition of [PIAS] by UMG is part of a growing trend of major labels looking to the independent sector to increase their market share, either by enhancing their distribution offerings for indie artists and labels or by investing in, or buying, independent music companies.

In 2019, UMG acquired independent distribution and marketing company Ingrooves Music Group. One year later, Sony Music bought J. Erving‘s digital distribution and label services company Human Re Sources from Q&A, followed in 2021 by its purchase of artist services company AWAL and Kobalt Neighbouring Rights from Kobalt Music Group.

Major indie label acquisitions over the past decade include WMG buying Netherlands-based Spinnin’ Records in 2017 and Sony Music’s purchase of U.K. dance label Ministry of Sound in 2016.

On a smaller scale, WMG has been steadily growing its recorded music interests in Central and Eastern Europe, buying minority stakes in Croatia’s Dancing Bear Music, Slovenian independent label NIKA and Serbia’s Mascom. And this week, WMG Benelux announced the acquisition of Dutch label Cloud 9 Recordings.

Referencing the major labels’ pursuit of key independent labels, Draštata, who is also president of Balkan indie label trade association RUNDA, said the practice was becoming an “issue across Europe.”

“The loss of such big players for the independent sector compounds the competitive impact and the risk is that this trend will continue,” said Draštata in a statement. “We have been signalling the problem of creeping dominance for many years and it’s time for a new competition approach to address this question.”