PHILADELPHIA (KYW Newsradio) — The Philly Pops filed suit against Philadelphia Orchestra and Kimmel Center Inc. (POKC) alleging the company has been trying to put it out of business.
In the antitrust lawsuit filed in federal court on Thursday, the Pops accused POKC of “unlawful, anticompetitive and predatory conduct.”
The Pops, in the complaint, said POKC wanted it to fold “so that the Philadelphia Orchestra could eliminate the Philly Pops as a competitor in and monopolize the market for live symphonic popular concert music concerts in the Greater Philadelphia Metropolitan Area.”
The Pops, which had been struggling to attain pre-pandemic ticket sales, said fees to perform at Verizon Hall in the Kimmel Center went up “substantially and unreasonably,” and POKC “refused to negotiate a reasonable payment plan.”
The Kimmel Center then imposed a deadline for the Pops to pay back more than $1 million in debt. When that passed in January, the Pops had to move February shows to The Met Philadelphia.
“Of course by evicting them, they prevented them from selling tickets for a whole bunch of concerts that would have funded the payment plan,” said William DeStefano, the Pops’ attorney.
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The lawsuit also references the decision late last year for the Pops to cease operations at the end of the 2022-23 season. The Pops, in the complaint, said POKC proposed that idea, then hired a public relations firm to create messaging that said the Pops would go out of business, and the Philadelphia Orchestra would take over some or all of the Pops’ shows.
The Pops ultimately reversed course and announced that it would try to move forward. Karen Corbin became the new president and CEO, and Rollo Dilworth was elected chair of the board of directors in February.
The Philly Pops organization is seeking $2.5 million, which DeStefano said may triple due to antitrust laws. The group also wants to be reinstated at the Kimmel Center.
In response, a POKC spokesperson said the organization is reserving comment until it can review the lawsuit.