The Philly Pops alleges the Philadelphia Orchestra and the Kimmel Center (POKC) willfully engaged in unlawful, anticompetitive and predatory conduct designed to force the Pops out of business.
In the lawsuit, the Pops say it tried to resolve its financial issues but claims POKC deliberately acted to prevent POPS performances at the Kimmel Center. The orchestra also claims they were evicted on three days' notice in mid-January.
"It is clear that POKC's goal all along has been to drive Philly POPS out of business," William DeStefano, attorney for the POPS said. "They want to eliminate the POPS as a competitor, so that they can develop their own pops programming and monopolize the market for this music in Philadelphia." The Kimmel Center tells Action News it is still reviewing the lawsuit, saying in a statement, "We have just received the lawsuit, which was brought to our attention by the media. As the Complaint has yet to be formally served, we will reserve comment until then and once it has been reviewed with counsel.
"Ever since the merger between the Philadelphia Orchestra and the Kimmel Center, the American Federation of Musicians, Local 77, has been concerned about the potential for a monopoly and its impact on our city and the musicians who work here. We will all be following the lawsuit with interest. The loyal patrons and subscribers, along with the dedicated Philly Pops Musicians, remain in limbo without a clear path forward to be made whole.
The future of the shows this season remains unclear, however, the Pops say it is committed to completing its concert season and honoring its obligations to its ticketholders.
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