Live Nation Antitrust Case Shows Peril of ‘Batched’ Arbitration

A Ninth Circuit ruling that denied Live Nation Entertainment Inc.'s bid to compel “batched” arbitration underscores the risks that corporate defendants face when pushing to resolve consumer antitrust disputes outside of court.

Live Nation’s requirement that aggregated or batched claims go through its arbitration panel—New Era ADR Inc.—was unfair to consumers who alleged the company inflated ticket prices, the US Court of Appeals for the Ninth Circuit ruled Oct. 28. New Era’s opaque rules overtly favored the concert promoter and ticketing company while failing to provide plaintiffs with advantages and protections of a class action proceeding, the court said.

Antitrust ...