Ticketmaster

2022 - 9 - 30

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Image courtesy of "TicketNews"

Ticketmaster Class Action Asks Appeals Court to Avoid Arbitration (TicketNews)

Lawyers representing a proposed class of consumers who say they've been harmed by alleged anti-competitive conduct by Ticketmaster and parent Live Nation ...

Pascrell wrote a letter demanding answers](https://www.ticketnews.com/2022/09/ticketmaster-defends-ticket-surge-pricing-in-response-to-pascrell/) regarding Ticketmaster’s surge “dynamic pricing” practices in the wake of massive backlash to the practice following the sale of Bruce Springsteen 2023 tour tickets, while the [American Antitrust Institute set an October event featuring](https://www.ticketnews.com/2022/09/antitrust-institute-plans-d-c-talk-on-ticketing-competition-issues/) U.S. [famously pursued better regulation](https://www.ticketnews.com/2019/06/pascrell-pallone-blumenthal-boss-act/) of what [he plainly called](https://www.ticketnews.com/2018/04/congressman-urges-crackdown-on-live-nation-monopoly/) “Live Nation and Ticketmaster’s abuse of their monopoly power” in a 2018 New York Times Op-Ed. Scrutiny over Live Nation and Ticketmaster’s operations relative to competition and monopoly status has been widespread since the two companies merged in a blockbuster deal approved in 2010. Amy Klobuchar to discuss what it characterizes as the monopoly at the center of live entertainment and how it might be addressed. Lawyers representing a proposed class of consumers who say they’ve been harmed by alleged anti-competitive conduct by Ticketmaster and parent Live Nation were back in court this week, hoping to convince an appeals court to give them their day in court vs. Ticketmaster and Live Nation have on multiple occasions avoided having to defend themselves in open court against a multitude of lawsuits by invoking clauses in their terms and conditions forcing consumers to accept private and binding arbitration for all disputes. The lawyers from Quinn Emanuel Urquhart & Sullivan LLP are now asking the Ninth Circuit appeals court to overturn that decision. [Artists rights groups](https://www.ticketnews.com/2020/06/artist-group-antitrust-investigation-of-live-nation/), [economists](https://www.ticketnews.com/2021/09/economist-calls-on-biden-administration-to-break-live-nation-monopoly/), and [consumers filing lawsuits](https://www.ticketnews.com/2021/05/class-action-accusing-ticketmaster-live-nation-of-price-inflation-certified/) have also tried to push back against the company, as did the Federal Trade Commission itself, but even that just amounted to a [slap on the wrist by way of a fine and extension of an existing consent decree](https://www.ticketnews.com/2020/01/live-nation-consent-decree-doj-slap-on-wrist/). According to Law360, lawyers from Quinn Emanuel Urquhart & Sullivan LLP presented some other arguments for why the arbitration term should not be binding in court yesterday. “The … “The [new] agreement … [Ticketmaster Class Action Asks Appeals Court to Avoid Arbitration](https://www.ticketnews.com/2022/09/ticketmaster-class-action-asks-appeals-court-to-avoid-arbitration/) [Industry](https://www.ticketnews.com/category/industry/) September 30, 2022 [Dave Clark](https://www.ticketnews.com) [0](https://www.ticketnews.com/2022/09/ticketmaster-class-action-asks-appeals-court-to-avoid-arbitration/#respond)

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Image courtesy of "Harvard Business Review"

7 Lessons on Dynamic Pricing (Courtesy of Bruce Springsteen) (Harvard Business Review)

Some fans were outraged when man-of-the-people Bruce Springsteen charged more than $5000 per seat for his upcoming concert. The high prices were the result ...

Similarly, many of my B2B clients are afraid to charge prices that capture the value of their products because the increased profit will be reflected in their annual income report. [earned critical acclaim](https://www.rollingstone.com/music/music-live-reviews/review-bruce-springsteens-broadway-show-is-an-intimate-triumph-196969/) (including winning a Tony Award) that justified the price. Interest in Springsteen’s upcoming concert was so high that [one Philadelphia promoter claimed](https://www.msn.com/en-us/music/news/bruce-springsteen-fans-in-philly-complain-of-long-wait-times-amid-massive-demand/ar-AA1029T7?ocid=FinanceShimLayer) that it was “experiencing the largest demand for tickets in Philadelphia music history.” Is The Boss required to set prices that are drastically below what the market will pay for all seats – even the best ones? It is inevitable that some will complain and possibly not purchase. Instead of raising prices immediately, let them know that as VIPs, the boost will be gradually implemented over a longer time period. [reached $4,200](https://nypost.com/2019/09/14/michelle-obama-charging-up-to-4200-for-tickets-to-new-tour/) and fourth-row seats for “An Evening with the Clintons” event in Seattle [were $829](https://www.seattletimes.com/seattle-news/bill-and-hillary-clinton-to-take-the-stage-at-seattles-wamu-theater/). It is natural to be grateful to long-standing customers. Instead of following these types of rote missives, it is crucial to pushback and ask: Is this really true? As a result of Springsteen’s decision to allow Ticketmaster to use dynamic pricing, tickets for some of his shows reportedly Dynamic pricing is the strategy of constantly adjusting prices in response to demand, a practice that consumers are accustomed to when buying airline tickets and booking hotels. Fans were upset that Springsteen – a longtime advocate for the working class – was charging such high prices. But the failure to communicate this strategy in advance left fans confused and upset.

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