Judge Says ‘Swifties’ Can Amend Complaint in Live Nation, Ticketmaster Antitrust Lawsuit
Swifties still have “Bad Blood” with Live Nation and Ticketmaster over the Eras Tour presale debacle that led to alleged violations of antitrust and consumer protection laws — and they’re not backing down anytime soon.
Last Thursday, Taylor Swift fans returned to federal court in Los Angeles for a hearing in a case brought forth by 355 Swifties, represented by the woman-owned personal injury law firm in Dallas, Texas, Kinder Law PLLC. The lead plaintiff, Julie Barfuss, filed the complaint in December 2022, claiming Ticketmaster violated breach of contract, fraud, negligence, negligent misrepresentation, and anti-trust violations.
Swift’s Eras Tour ticket sale — referred to as “The Great War” — caused complete chaos among millions of fans across the globe. Swifties faced error codes, hours-long queues, and exorbitant ticket prices, leading to critiques of Ticketmaster’s handling of the sale. The fiasco sparked an investigation — and subsequent lawsuit — into Live Nation and Ticketmaster’s 2010 merger by the DOJ, focusing on whether or not Live Nation has “abused its power over the multibillion-dollar live music industry.”
| READ: Swifties Still Fighting Ticketmaster One Year After Eras Tour Ticket Fiasco |
Last Thursday, U.S. District Judge George Wu said that he would allow the plaintiffs to return to court after amending their complaint to include more specifics. Jennifer Kinder told TicketNews that they’re planning on including specificity regarding breach of contract, fraud, negligence, and misrepresentation.
“We’re excited to plead with more specificity, but I think what we all need to be aware of and realize is that [Ticketmaster] has worked very hard since their merger with Live Nation to create a system impenetrable and they worked very hard to create a system where consumers have no right and they’re doing a really good job at that.”
Kinder noted that they never believed going up against Live Nation and Ticketmaster would be easy, adding that the pair has had “10 years to perfect and refine.”
“This is a good reminder that they are a very strong, very powerful, and well-paid legal force and we can never every take for granted that just because we’re on the right side of ethics and morals and the way you treat everyone in this country — the way that every Swiftie treats each other — that’s not how Ticketmaster operates. Ticketmaster operates to line their pockets with money to rip the consumer off and they’re very good at what they do.”
While Live Nation and Ticketmaster alleged in a statement that “the case was dismissed” and “unless Kinder files a complaint in 30 days, the case is over,” Kinder disputes this claim.
Kinder and John Genga held a press conference following the hearing and criticized Live Nation and Ticketmaster for slowing down the lawsuit over the past two years.
“Despite Ticketmaster’s constant efforts to delay, to deny, to keep consumers from access to the civil justice system, we are still here,” Kinder said. “We’re still standing. We’re not going away. Swifties are more unified than they’ve ever been.”
| READ: From The Eras Tour to DOJ Lawsuit: Swifties’ Take on Breaking Up Live Nation-Ticketmaster |
Swifties aren’t alone; fans across all genres, as well as legislators, have openly criticized and called for the break-up of Live Nation and Ticketmaster. The U.S. Department of Justice, joined by 40 states and the District of Columbia, has targeted the pair in an antitrust case, alleging they violated antitrust laws and operated under monopolistic and anticompetitive practices.
The plaintiffs have since asked a federal judge to split its antitrust case against Live Nation Entertainment and Ticketmaster into two distinct stages: one jury trial to determine liability, followed by a bench trial addressing remedies and damages. The request, filed in the U.S. District Court for the Southern District of New York, argues that separating the proceedings would streamline the complex case and respect the states’ constitutional right to a jury trial on claims that include monetary relief.
Live Nation is also currently facing a consumer class action antitrust lawsuit – which seeks damages based on claims that consumers have faced inflated prices due to Live Nation/Ticketmaster’s market dominance and efforts to eliminate competition. A motion to have that case dismissed was denied last month.
Kinder noted that Live Nation and Ticketmaster’s legal woes have been “just a slap on the wrist,” as they’re a combined force making $134 billion every three months, so the fines they’ve faced essentially “means nothing.”
“They’re going to do everything they can to continue to make billions of dollars every month and they are never going to care about the consumer,” Kinder told TicketNews. “They’re never going to care about doing the right thing, and they’re never going to change.”
Kinder Law is expecting Live Nation and Ticketmaster to file another motion to dismiss the case, with a hearing around the end of August. Kinder said that the pair will likely try to get out of this case every time they have the opportunity — which will probably be two or three more times with different pleadings and motions up until trial — calling this a “marathon litigation.”
This is a developing story. Stay with TicketNews for updates.
