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The world's
oldest corporate competition and the recent class action lawsuits
that have brought upheaval and heavy criticism upon the rivalry
between
Christie's and Sotheby's
Once an auctioneer of rare books, Sotheby's has
grown over the past 100 years to become the largest auction house
on earth. With over 100 offices worldwide, annual auction revenues
exceed $2 Billion. Founded in 1744 by Samuel Baker, Sotheby’s
went on to broker many of the greatest collections of the Industrial
Age, including Napoleon's personal library, upon his death in exile
on St. Helena. The next century and a half would see Sotheby's diversify
into coins and fine art. By the end of World War I, they had relocated
to a fashionable New Bond Street salesroom which has served as the
Sotheby's World Headquarters ever since.
Peter Wilson's impact on Sotheby's and the entire
auction world can still be felt to this day. Joining Sotheby's in
1936, his work led to an unprecedented international expansion and
near perfect positioning for the explosion of Impressionist and
Modern Art. Most significant was the Goldschmidt auction of 1958,
where 7 Impressionist and Modern pieces sold for £781,000
in twenty-one minutes. The event (the first auction held at night
since the 18th century) captured worldwide attention and attracted
over 1,400 art dealers, movie stars, and industrial giants such
as Paul Mellon, who landed Cézanne's Garçon au Gilet
Rouge with a bid of £220,000 – more than five times
the previous record for an artwork at auction.
In 1963, Sotheby's secured their worldwide reputation
with the purchase of America's premiere fine art auction house.
Parke-Bernet, guided by its founder Louis Marion, had sold Rembrandt's
Aristotle Contemplating the Bust of Homer to The Metropolitan Museum
of Art in 1961 for a world record $2,300,009. That record remained
for 18 years.
The 1970's was a period of much growth for Sotheby’s,
including their Initial Public Offering in 1977. The uncertainty
of the 1980’s allowed the auction giant to be bought by a
group of investors led by A. Alfred Taubman, once again making Sotheby's
a privately held company. The uncertainty felt early in the decade
soon turned to unmatched prosperity, as skyrocketing prices became
the trend in the late 80‘s. Record art sales brought international
media coverage and a second public offering of stock. Recently,
Sotheby's was the first international auction house to announce
on-line auctions, partnering with Internet powerhouse Amazon.com.
Unlike its book-selling competition, Christie's
Auction House specialized in fine art from its beginnings in 1766.
Considered the world's first fine-art auctioneers, Christie's earned
a reputation among England's Georgian society, and was patronized
by the elite, the wealthy and all art dealers in the know. It also
attracted artists who were allowed to show their works free of charge.
Christie's went on to hold the most important art auctions of the
18th and 19th centuries. They successfully negotiated for the sale
of collections owned by Catherine the Great and Sir Robert Walpole
that would form the basis of the Hermitage museum.
Christie's continued to develop as the world's
preeminent fine art auction house. Their operations within the art
world have expanded to publishing and auction cataloging, as well
as fine arts training and education. Today, Christie's employs hundreds
of experts that assemble more than 800 auction catalogs, as well
as authoring and lecturing on their area of expertise.
Currently, Christie's has over 120 offices worldwide
with annual revenues exceeding $2 Billion. French billionaire Francois
Pinault purchased the company in 1998 for $1B, ending 233 consecutive
years of British ownership. Christie's now handles over 80 categories
of items including wine, stamps, motorcars and other collectibles.
Today, its reputation is stronger than ever, holding many world
records for items at auction; the most famous of which came during
perhaps the greatest art auction in history, marking the peak of
the skyrocketing prices during the late 1980's. On the evening of
May 15, 1990, an anonymous telephone buyer bid the staggering amount
of $82.5 million for Vincent Van Gogh's Portrait of Dr. Gachet,
a price unmatched to this day. The chairman of Christie's at the
time (considered perhaps the greatest auctioneer in history), Christopher
Burge, presided over this historic sale.
Could it be, however, that the honeymoon is now
over? The current Chairman of Christie's, Sir Anthony Tennant, and
A. Alfred Taubman, Sotheby's corporate savior and majority shareholder,
have recently come under heavy fire for what appears to be nearly
a decade of collusion, price-fixing, and the illegal exchange of
information between the two auction giants. A federal investigation
into violations of the Sherman Antitrust Act has been ongoing since
1997 and many heads have already seen the proverbial auction chopping
block.
At the heart of the government's case are separate
occasions where the two auction houses raised their commission pricing
structure within weeks of each other. Responding to a global slump
in auction sales, the two houses first announced that the commission
paid by buyers would be raised from a flat 10% commission to an
increased 15% on the first $50,000 of any sale. This price hike
was followed, three years later, by Christie's announcement that
they were changing their commission from a negotiable 10 percent
to a more complex and non-negotiable sliding scale, ranging from
2 to 20 percent (depending on the size of the sale). Within two
weeks Sotheby's did the same. Although these may seem to be insignificant
percentages, when considering the large sums that auction items
draw, this increased commission plan has dramatically increased
the final price, especially on lower-end items (which could now
have upwards of 35% total commissions tacked on).
These price hikes prompted widespread gossip within
the normally tight-lipped art and auction communities, although
rumors of this type of collusion were not new. If true, these crimes
not only break federal antitrust law, they are also in direct violation
of the European Commission, the United Kingdom's Office of Fair
Trading and the Australian Competition Commission. Beyond any potential
legal actions being brought against the companies or individual
executives, both auction houses are facing multiple class-action
lawsuits by large numbers of buyers and sellers claiming nearly
a decade of financial damages due to these illegal practices. On
a final note, adding salt to their wounds, Sotheby's is currently
facing a variety of additional lawsuits, from violating shareholder
trust and criminal negligence to grievous mismanagement.
The first to respond to these charges, Christie's
signed a deal for leniency for having provided prosecutors first
with evidence of such illegal dealings. With the abrupt resignation
of Christie's chief executive officer, Christopher M. Davidge, reports
of collusion seemed to be all but confessed. In the days to follow,
extensive documentation was turned over to government prosecutors
that, sources have said, supported the government’s allegations
that a secret conspiracy between the two companies was taking place
at the highest levels. Specifically, it was reported that Mr. Davidge
had multiple meetings with Diana D. Brooks, the Chief Executive
at Sotheby's (considered to be the most powerful woman in the art
world), to discuss and monitor their pricing and auction schedules.
Upon further investigation by the government,
and facing the potential of greater legal action against their auction
house, Taubman and Brooks resigned their positions. Since her resignation
Ms. Brooks and her New York-based attorney, Stephen E. Kaufman,
have been in negotiations with federal prosecutors to secure her
testimony against Mr. Taubman in exchange for leniency. To this
point, Mr. Taubman has maintained complete innocence and has acknowledged
no wrongdoing during his tenure as Sotheby's Chairman.
The already shaken confidence of the art and auction
communities was further blemished when sources close to the prosecution
leaked information that the auction giants shared their "grandfather"
lists. These lists, consisting of the top 50 or so sellers for each
company, showed specially negotiated lower commission rates (sometimes
as little as 0%) that these super-elite customers would pay for
selling their high-priced items. By sharing these lists the auction
companies could eliminate increased competition by guaranteeing
the same commission for its most exclusive clientele, while keeping
smaller sellers fixed to the non-negotiable price schedule adopted
in 1995.
Today, Christie's and Sotheby's control over 90%
of the nearly $5 billion worldwide auction market, yet they have
had their foundations rocked to the very core. Both houses are currently
undergoing extensive expansion plans for up-grading their New York
headquarters. While Christie's is enjoying their brand new location
in Rockefeller Plaza, Sotheby's has designs to build another 6 stories
atop their York Avenue North American corporate headquarters. Current
expansion plans for Sotheby's, although questioned by their investment
partners, are still under way. Again, adding insult to injury, Sotheby's
Stock has fallen from last year's post-Amazon announcement of $47
per share, to just under $20 per share, where it has remained for
a majority of this year.
In this red-hot art market, where a new
crop of Internet multi-millionaires are competing with old-money
collectors for a limited number of masterpieces, the current investigation
has only deepened a community feeling of distrust in a market whose
history is tainted by scandal.
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