Welcome back to Wall Power. I’m Marion Maneker.
In today’s Inner
Circle, I’m returning to the question of side dealing at Sotheby’s—an issue raised in the recently published, and epically long, New Yorker piece by Sam Knight—in part because I wanted to clarify some points articulated to me since last week’s
installment. (There’s been some consternation over my use of the adjective “rampant”…) I’ll get into much more below.
But first…
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- Wall Power x Independent: I want to remind you that Independent 20th Century is back at Casa Cipriani at the Battery Maritime Building this weekend. I’ll be moderating two panels on Friday, September 5. The first is a conversation with museum directors Nora Lawrence (Storm King Art Center), James Steward (Princeton University Art Museum), Cybele Maylone (The Aldrich Contemporary Art Museum), and Nicola Lees (Aspen
Art Museum). The second is a talk with art dealers Jeanne Greenberg Rohatyn, founder of Salon 94, and Alma Luxembourg, partner at Luxembourg + Co. Interested in attending? Email Fritz@puck.news to secure your spot.
- No Reserve by Josh Baer: Also at Independent will be Josh Baer, the godfather of art market coverage,
who started distributing his Baer Faxt newsletter more than 30 years ago via fax machine (in case you missed the pun). Over the years, Baer has migrated through the digital revolution to reach his audience via email, YouTube, and podcasts. At Independent, Josh will be soft-launching a free newsletter, No Reserve, designed to bring new buyers into the art market by providing them with advice and guidance. “We have to meet you where you are,” Baer says in this introductory
video.
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Van Cleef & Arpels invites you to open the doors of wonder with the "Cosmic Splendor: Jewelry
from the Collections of Van Cleef & Arpels" exhibition at the American Museum of Natural History in New York City. Until January 4, 2026, discover the Maison's precious creations, paying tribute to the marvels of the cosmos.
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- Alex Marshall joins Zwirner: David Zwirner gallery announced this morning that Alex Marshall will join the gallery in Los Angeles as a senior director. For the last six years, Marshall has been at Christie’s. Before that, he spent 11 years as an art advisor in New York. He’s also noted for having won Loic Gouzer’s semiannual backgammon tournament twice in a row.
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Frieze Seoul opened today, much much earlier than usual, and the galleries have
already begun to report their first-day sales. Here is a selection:
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Thaddaeus Ropac sold a Georg Baselitz painting from 2019 for $2.1 million, an Alex Katz painting from 2025 for $900,000, a Martha Jungwirth painting on paper mounted on canvas from 2022 for $396,000, and a Joan Snyder from 2002 for $160,000, among other works.
- Hauser & Wirth sold Mark Bradford’s triptych, Okay, then I apologize (2025) for $4,500,000, George
Condo’s Purple Sunshine (2025) for $1,200,000, two works on paper by Louise Bourgeois for $950,000 and $600,000 each, a work by Rashid Johnson for $750,000, an Avery Singer painting for $475,000, a Lee Bul sculpture for $400,000, and a Bul painting for $300,000.
- Kukje Gallery sold 15 works, including a Jenny Holzer in the range of $400,000, a painting
by Ha Chong Hyun in the range of $230,000, two fabric works by Louise Bourgeois in the range of $100,000 each, and a work by Jean-Michel Othoniel in the range of €135,000.
- White Cube sold Georg Baselitz’s Erstens, bitte schön (2014) for €1,300,000, an Antony Gormley sculpture for £250,000, and a bronze by Tracey Emin for £220,000.
- Mennour sold a
Lee Ufan for €600,000 and an Ugo Rondinone for $200,000, among other works.
- Gallery Hyundai sold work by Chung Sanghwa in the region of $600,000 and work by John Pai in the region of $300,000.
- Tina Kim Gallery reported multiple sales, including a Kim Tschang-Yeul painting for $350,000, and a Ha Chong Hyun painting for $390,000.
- David Zwirner sold new works by Katherine Bernhardt, Huma Bhabha, Oscar Murillo, and Walter Price; important works by Michaël Borremans, Marlene Dumas, and Wolfgang Tillmans; and a painting by Lucas Arruda.
- Sprüth Magers sold two Barbara Kruger works for $500,000 and $100,000,
respectively, and a Gala Porras-Kim for $120,000, among others.
- Pace Gallery sold a Mary Corse for $225,000, a sculpture by Robert Indiana at $195,000, a painting by Robert Nava at $185,000, and a painting by Friedrich Kunath at $115,000, as well as other works.
- Lisson Gallery sold a Hiroshi Sugimoto for $250,000, and two
works by Leiko Ikemura for €140,000 and €70,000, respectively.
- Lehmann Maupin sold a beaded work on canvas by Liza Lou in the range of $240,000 to $260,000, a Hernan Bas painting entitled The biased audience (watching the dog show) for $225,000, and Red Chemise by David Salle in the range of $130,000, among other works.
- Almine Rech
sold a mixed-media work on paper by Minjung Kim in the range of €100,000, in addition to other works.
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Now let’s get to the main event…
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In the aftermath of side-deal-gate, a number of sources emerged to
offer a more nuanced view of the economics that might compel a Sotheby’s dealer to treat their employer more like a platform than a partner. Maybe that’s the future Patrick Drahi has been envisioning all along.
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In last week’s Inner Circle email, which centered on The New Yorker’s recent
stem-winder on Sotheby’s, I recalled a conversation with a guy deep in the heart of the art market who had first brought up the subject of side dealing at the auction house. I described his comment this way: “He made reference to the rampant side dealing taking place at Sotheby’s.” Not long after publication, I got a call notifying me that the specialists at Sotheby’s were pretty upset with me—not about the piece so much as the use of the word “rampant.”
I get it, and I might have been
upset, too, if I were a specialist at Sotheby’s. But I was not trying to suggest that everybody was making side deals, or engaged in some grey market. Instead, I was trying to convey the impression—from someone in the thick of the dealmaking, no less—that there were a surprising number of side deals taking place. In truth, we don’t have any way of knowing how many people at Sotheby’s are engaged in this practice. The New Yorker spoke to parties to some of these deals and was shown some
evidence to substantiate these claims, but this sort of behavior exists to avoid detection.
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Van Cleef & Arpels invites you to open the doors of wonder with the "Cosmic Splendor: Jewelry
from the Collections of Van Cleef & Arpels" exhibition at the American Museum of Natural History in New York City. Until January 4, 2026, discover the Maison's precious creations, paying tribute to the marvels of the cosmos.
|
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For the record, Sotheby’s told The New Yorker that “no evidence of
activities outside the company’s policies had been brought to senior management.” A spokesperson added that the company was confident their team abides by the house’s conflicts-of-interest guidelines, which say that employees can buy and sell their own art, but not take commissions for arranging deals between others.
Shortly after I got off that call, I ended up in a conversation with a private dealer who wanted to talk through the whole micro-controversy. That person made the excellent
point that an auction house sales staff operates under a power law like the Pareto principle, better known as the 80-20 rule, in which 80 percent of the effects come from 20 percent of the causes. An auction house’s sales staff probably operates under something more like a 90-10 rule: A small number of power sellers do the bulk of the deals. In other words, if there has been side dealing going on at Sotheby’s, I don’t think many people would have been in a position to engage in it, maybe not
more than two or so. (Again, in their private comments to me, a spokesperson for Sotheby’s said they have seen no evidence of this.)
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What I might have pointed out, too, is that these grey area deals might be harmless,
and possibly even helpful. The same dealer, who claims to have been involved in some side deals, said they tend to come about as a tool of client acquiescence—such as when a potential trade wouldn’t meet Sotheby’s minimum commission requirements. A Sotheby’s dealmaker is arguably doing the house a solid by placating the client by routing a transaction through an LLC and creating the sort of goodwill that might entice them to bring something larger to the table down the line.
What kind of
deal wouldn’t meet Sotheby’s threshold? The dealer suggested, and some others ratified, that many items are offered in a price to me structure—i.e., a seller wants a minimum price for a work, and the broker is therefore incentivized to squeeze as much margin as they can from the buyer. It isn’t uncommon for a private dealer to be caught between a seller with a minimum price to me of, say, $1 million, and a potential buyer unwilling to pay more than $1.05 million. And
that 5 percent margin would not hit Sotheby’s minimum commission for private sales.
These sorts of deals put brokers in a bind. They can’t paper the transaction through Sotheby’s—the platform just can’t accept such a low commission, or else everyone would want to pay 5 percent or even less. But they also can’t quite turn away the buyer and seller, or else they’d nuke the deal. And they certainly aren’t incentivized to introduce the two to each other and cut Sotheby’s out of any
future deals. Therefore, you can imagine a world in which a dealer might come to the conclusion that they should take a small introductory commission on the deal just to get it done, keep everyone happy and engaged, and pocket 50 grand—which could really help if their salary and bonus had been cut. In this scenario, everyone wins: Arguably both the buyer and seller would appreciate the flexibility and return with larger works that required Sotheby’s officialization.
“That’s a lovely TV
movie,” a lawyer and longtime art market dealsmith told me when I ran this scenario past him. “But I have no idea if it’s true.” In fact, this dealmaker said he’s never come across the practice, though he rarely buys and sells individual works.
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I’ve talked to a few ex-Sotheby’s people in the last week and a half. The consensus
seems to be that if the side dealing is going on, it is confined to a few people with fairly unique situations. This brings up another dimension to the issue: As I pointed out during the Sotheby’s layoffs last December, there’s a good case to be made that the auction house should be run very differently than it has been.
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Instead of an expensive staff of experts on payroll, Sotheby’s could, in theory,
operate as a platform with incentives for various different experts to work with the company from the outside. We saw in the Sydell Miller sale how that might work: Armies of art advisors and lawyers employed by a given family or estate oversaw the sale from temporary positions at the company. The new Breuer building, with its co-working-style office space, seems almost purpose-built for this approach. Sotheby’s employees and outside advisors can easily perch there to facilitate
sales.
During last year’s layoffs, a few of the company’s former star business-getters were asked to become consultants. I don’t know the particulars of those offers, but they surely involved incentives to bring sales to Sotheby’s, and non-employees are not bound by the same conflict-of-interest constraints. So there’s nothing stopping Patrick Drahi from creating another class of consultants who can benefit from working with, but not for,
Sotheby’s. It’s just a matter of designing the right combination of incentives and benefits.
In fact, Sotheby’s is already experimenting with something like this. Art advisor Ralph DeLuca recently started in a part-time role running popular culture sales for the house. Sotheby’s says that DeLuca’s role is clearly defined—he is there to bring works in for Sotheby’s to sell—and he has limited access to the company’s systems and data. That should mean he won’t be able
to use his role at Sotheby’s to facilitate the buying and selling of other works of art or popular culture for himself or his clients. There’s nothing stopping Drahi from creating more roles like these.
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The Allure of the Pirate Ship
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Last week, after I made a passing joke about Sotheby’s seemingly being run like a
pirate ship compared to the very straitlaced Christie’s, one reader wondered whether I was suggesting that consignors would, or should, prefer the latter house. That was emphatically not my point. Sure, there are a small group of very proper fiduciaries who might be put off by the side dealing rumors. But, for the most part, rich people are just as greedy as anyone else, and the best deal for the consignor wins. For all of the focus on rectitude, there are plenty of consignors who would
clamber aboard the pirate ship.
That’s part of the fun of buying art. If the market were straightforward retail, there would be no thrill to it. Many buyers are in it for the tales of battling the swashbucklers. There’s a reason why so many are invested in the idea that the art market is unregulated: They love the romance and daring of it all. The brand is so powerful—or maybe I should say the duopoly is so powerful—that all Sotheby’s has to offer is a meaningful alternative to its rival
and there will always be customers.
The New Yorker article was meant to illustrate Drahi’s character as a businessman and chart its effect on the operation of the company. Bad press, perhaps, but what it describes is a far sight better than what came before him. After all, Sotheby’s still had to compete for deals between 2001 and 2005—the era defined by owner Alfred Taubman’s conviction on a conspiracy to fix prices and his family’s sale of its
controlling interest in the company. Consignors still did business with the company despite the fact that its owner was a felon.
Before Taubman’s time, the auction business was even less scrupulous: Specialists weren’t above walking off with objects to sell for their own enrichment. Whether or not there is side dealing at Sotheby’s, the art business is a lot cleaner than it has ever been before.
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Okay. I promise to try not to bring this subject up again. I think we’ve all had
enough.
Speak to you on Friday.
M
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