This case was last updated from U.S. District Courts on 03/05/2022 at 11:20:24 (UTC).

Skot Heckman et al v. Live Nation Entertainment, Inc. et al

Case Summary

On January 4, 2022, Skot Heckman, Luis Ponce, Jeanene Popp, and Jacob Roberts, (collectively, “Plaintiffs”) on behalf of themselves and all others similarly situated, represented by Adam B. Wolfson, Frederick A. Lorig, William R. Sears, Kevin Y. Teruya of Quinn Emanuel Urquhart and Sullivan LLP and Warren D. Postman of Keller Lenkner LLC, filed a class action lawsuit against Ticketmaster LLC (“Ticketmaster”) and Live Nation Entertainment, Inc. (“Live Nation Entertainment”) (collectively, “Defendants”). Plaintiffs filed suit seeking damages and injunctive relief for the alleged monopolization and anti-competitive practices of Defendants. This case was filed in the U.S. District Court in the Central District of California with Judges Dolly M. Gee and Margo A. Rocconi presiding.

In the complaint Plaintiffs alleged that, “[o]n July 2, 2021, while the Court in Oberstein was preparing its order on Defendants’ Motion to Compel Arbitration, Defendants drastically altered the arbitration agreement on which they had moved to compel arbitration. Although the old arbitration agreement (“JAMS agreement”) selects JAMS, an established arbitration forum, the new agreement (“New Era agreement”). Unlike traditional arbitral forums that, like courts, set filing fees for both claimant-plaintiffs and respondent-defendants, New Era ADR offers businesses a subscription model whereby the businesses keep New Era ADR on retainer. Each year, Defendants pay New Era ADR a “subscription fee.” Defendants pay that subscription fee whether there are 100,000 consumer filings or no consumer filings against it. And once they pay the subscription fee, Defendants require each consumer to pay the entirety of the additional, per-filing fee of $300.”

Plaintiffs further alleged that, “Defendants’ predatory acts have increased and today threaten the entirety of competition within the primary and secondary ticketing services markets. Michael Rapino, Live Nation Entertainment’s CEO and President, has admitted that artists today make 95% of their income from live music events and that Live Nation is now the “largest single financer” of artists worldwide (more than record companies). Armed as he is with this power over artists’ careers, and fueled by Ticketmaster’s outsized profits, Mr. Rapino has used this position to intimidate the live music industry into using Ticketmaster for primary ticketing services and, more and more, secondary ticketing services. He and the Live Nation monster he has helped create over the past decade- plus must be stopped.”

Plaintiffs also alleged that, “Defendants’ violations of the U.S. antitrust laws. Defendants are dominant in three relevant markets, primary ticketing services for major concert venues, secondary ticketing services for major concert venues, and concert promotion for major concert venues. Defendants have engaged in predatory and exclusionary conduct to monopolize the primary ticketing services market and (2) to extend their dominance into the secondary ticketing services market.”

There are three claims for relief laid down by Plaintiffs. The first two claims deal with the alleged violation of Section 2, 15 U.S.C. § 2, under the Sherman Act, and the third claim deals with the alleged violation of Section 1 of Sherman Act.

In their prayer for relief Plaintiffs have requested the court for damages in an amount to be determined, treble damages with both pre- and post-judgement interest, injunctive relief, and such other and further relief as the court deems proper and just.

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Case Details Parties Documents Dockets

Case Details

Case Number:
2:22-CV-00047

Filing Date:
01/04/2022

Case Status:
Pending - Other Pending

Case Type:

Other - Antitrust

Court:
U.S. District Courts

Courthouse:
California Central District

Judge Details

Presiding Judges

Dolly M. Gee

George H. Wu

Referral Judges

Margo A. Rocconi

Gail J. Standish

Party Details

Plaintiffs

Skot Heckman

Luis Ponce

Jeanene Popp

Jacob Roberts

Defendants

Live Nation Entertainment, Inc.

Ticketmaster LLC

Attorney/Law Firm Details

Plaintiff Attorneys

William R. Sears

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Adam B. Wolfson

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Albert Y. Pak

Attorney at Keller Lenkner LLC

1100 Vermont Avenue Nw, 12Th Floor

Washington, DC 20005

Frederick A. Lorig

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Kevin Y. Teruya

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017

Warren D Postman

Attorney at Keller Lenkner LLC

1100 Vermont Avenue Floor 12

Washington, DC 20005