Entertainment
Live Nation faces consumer class action lawsuit as well as DOJ lawsuit
Abraham Leifer claims that since the 2010 merger of Live Nation and Ticketmaster, the entities have collectively built a monopoly and a giant trust in three major economic markets in the United States in the field of concerts and live events: concert promotion for major concert venues, as well as primary and secondary ticketing services for major concert venues. He filed the suit Thursday in the U.S. District Court for the Southern District of New York.
Live Nation, which controls hundreds of venues through leases, ownership or equity interests, requires venues to use Ticketmaster, which controls the primary ticket sales of up to 80% of all major concert venues in the states -United.
This class action comes as the US Department of Justice sued Live Nation on Thursday in the same court. The DOJ suit, joined by 29 states and Washington, D.C., accuses Live Nation of locking venues into long-term, exclusive ticketing contracts, among other anticompetitive violations. Live Nation also faces other ongoing litigation brought in 2022 by ticket buyers.
The Thursday consumer lawsuit alleges that customers pay supracompetitive prices because Ticketmaster charges excessively high primary market fees on tickets it sells that are then passed on to secondary market consumers.
The face value of tickets sold in the primary market also presents a supracompetitive price, the complaint states.
The complaint includes two class definitions: The first is a national class of end-user purchasers who purchased secondary tickets on secondary ticket exchanges from a secondary seller who had purchased a primary ticket or secondary ticket for resell it for an event with Ticketmaster or one of its Live Nation subsidiaries, since the 2010 merger; the second class is suitable for various US states and territories.
This exclusive, anti-competitive and illegal tying eliminates significant competition because it prevents all other major ticketing agents from offering concerts or events that Live Nation is the promoter of, the complaint states.
Live Nation acts as the promotional agent for at least 80 of the top 100 music venues, while controlling more than 265 music venues in North America and managing more than 400 music artists. Its market share in the promotion of large concert halls exceeds 60%, the complaint also specifies.
The latest complaint alleges two violations of the Sherman Antitrust Act: monopolization and restraint of trade. The complaint also alleges violations of state antitrust laws in nearly 30 U.S. states and territories, including Florida and Washington DC.
Leifer seeks class certification; injunctive and equitable relief; statutory, actual, compensatory, consequential, treble, punitive and nominal damages; restitution and/or disgorgement of profits; interest before and after judgment; attorney fees; and costs.
Live Nation and Ticketmaster did not immediately respond to a request for comment.
Israel David LLC represents Leifer and the proposed class.
The case is Leifer v. Live Nation Entertainment Inc.SDNY, No. 1: 24-cv-03994, 05/23/24.
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