Abraham Leifer claims that since the 2010 merger of Live Nation and Ticketmaster, the entities have collectively built a monopoly and “juggernaut trust” over three major economic markets in the US within the live concert and event space: concert promotion for major concert venues, as well as primary and secondary ticketing services for major concert venues.He filed the complaint in the US District Court for the Southern District of New York on Thursday.
Live Nation—which controls hundreds of venues through leaseholds, ownership, or equity interests—requires venues to use Ticketmaster, which controls the primary ticket sale of up to 80% of all major concert venues in the US.
This class action comes as the US Department of Justice sued Live Nation on Thursday in the same court. The DOJ’s suit, joined by 29 states and Washington DC, accuses Live Nation of locking venues into exclusive, long-term ticketing contracts—among other anti-competitive violations. Live Nation is also facing additional pending litigation brought in 2022 by ticket-buyers.
Thursday’s consumer suit alleges that customers “pay supracomeptitive prices because Ticketmaster levies excessively high fees in the primary market on tickets that it sells which are then passed down to consumers in the secondary market.”
The face value of tickets sold in the primary market is supracompetitively priced as well, the complaint says.
The complaint includes two class definitions: The first is a nationwide class of end-user purchasers who bought secondary tickets on the secondary ticket exchanges from a secondary seller who had purchased a primary ticket or secondary ticket to resell it for an event with Ticketmaster or one of its Live Nation affiliates, since the 2010 merger; the second class is is tailored to various US states and territories.
“This exclusive, anti-competitive and unlawful tying eliminates significant competition, as it boxes all other primary ticketing agents out from servicing any concerts or events where Live Nation is the promoter,” the complaint says.
Live Nation acts as the promoting agent for at least 80 of the top 100 largest concert venues, while controlling more than 265 concert venues in North America and managing more than 400 musical artists. It has a market share in the promotion of major concert venues that exceeds 60%, the complaint also says.
The latest complaint asserts two violations of the Sherman Antitrust Act: monopolization and restraints of trade. The complaint also alleges violations of state antitrust laws in almost 30 US states and territories, including Florida and Washington DC.
Leifer is seeking class certification; injunctive and equitable relief; statutory, actual, compensatory, consequential, treble, punitive, and nominal damages; restitution and/or disgorgement of profits; pre- and post-judgment interest; attorneys’ fees; and costs.
Live Nation and Ticketmaster didn’t 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., S.D.N.Y., No. 1:24-cv-03994, 5/23/24.
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