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Live Nation Escapes Price Structure Monopoly Suit

Thursday, November 7, 2013   (0 Comments)

Law360 (09/20/13) Broady, Gavin

U.S. District Court Judge Charles Kocoras recently dismissed a nationwide class-action suit against Live Nation Entertainment after determining that plaintiff Brendon Holub was not sufficiently injured by the company's practice of charging extra fees. Kocoras also ruled that Holub's allegations of monopolization had no relevance. Holub had complained that Live Nation's pricing model lets it gouge customers with unfair fees rather than operating under a system of "all in" pricing. The judge said Holub failed to demonstrate significant harm to establish standing based on Live Nation's practice of charging for things such as processing and parking at the conclusion of a transaction instead of offering a single, upfront flat-rate option. "Holub has not shown how a lack of competition in the ticket-selling market bears upon the manner in which prices are presented to consumers, and the court cannot logically discern one," Kocoras ruled. "As such, finding that Live Nation is a monopolist would not in and of itself redress Holub's grievance regarding the manner of presentation of Live Nation's ticket prices."



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