Live Nation Employee’s Mockery Sparks Controversy in Antitrust Trial

NEW YORK – An internal message from a Live Nation employee, in which he referred to customers as “so stupid” and claimed the company was “stealing customers in the dark,” has come to light as over 20 states deliberate on whether to proceed with a legal challenge against the entertainment giant and its subsidiary, Ticketmaster.

The messages, exchanged on Slack from late 2021 to early 2023, were disclosed in a court filing by government attorneys on Wednesday. These lawyers argue that this correspondence should be part of the evidence in the ongoing trial against Live Nation and Ticketmaster taking place in Manhattan federal court.

During the trial, officials from the federal government, 39 states, and the District of Columbia contend that Live Nation and Ticketmaster engage in illegal practices that suppress competition and inflate prices for fans. They assert that these companies employ intimidation and retaliation tactics to dominate the industry, controlling everything from concert promotions to ticket sales. In contrast, Live Nation maintains that prices are set by artists, sports teams, and venues.

The government attorneys expressed that the Slack messages should be included in the trial because they reveal candid internal discussions. In one instance, Ben Baker, a regional ticketing director in Florida who later became director of ticketing for Venue Nation, expressed disdain for fans and indicated that the company profits at their expense.

The discussions around VIP access prices for a Live Nation event in Tampa saw Baker describe the cost as “exorbitant,” stating, “These people are so stupid,” and later adding, “I almost feel bad taking advantage of them,” immediately following with, “Bahahahahaha.”

Live Nation aims to have these messages excluded from the trial, arguing that they represent informal banter rather than company policy among friends. Their lawyers further contend that these conversations aren’t relevant to the antitrust allegations, highlighting they focused on peripheral services like VIP access and parking, rather than ticket sales.

Conversely, the plaintiffs believe that these high prices for ancillary services are directly relevant to their claims, asserting that such services help Live Nation exploit its monopoly in the amphitheater market.

In a subsequent statement, the company distanced itself from the messages, suggesting that they do not reflect its values or operations. They noted that management would investigate the matter once the messages became public.

As discussions around the trial continue, the federal government recently stated that the trial’s status is uncertain. There are indications that a settlement could open up ticket sales, currently monopolized by Live Nation, to its competitors.

Lawyers representing more than 20 states are urging for the trial to be paused and a new jury to be selected soon. This week, a jury that began hearing evidence was instructed to stay home, with hopes of resuming on Monday. Judge Arun Subramanian has encouraged lawyers for both sides to engage in negotiations and is expected to provide an update on the discussions soon.

While details on the negotiations remain scarce, Live Nation’s attorneys hinted at the challenges of quickly reaching an agreement with all involved parties.

In a letter to the judge, attorneys for the states indicated that the trial would likely move forward, emphasizing the significance of the decision regarding the Slack messages, which could influence the witness testimony as preparations continue for the next week’s proceedings.