The Class Action Weekly Wire – Episode 131: California Federal Judge Certifies Class Of Consumers In Live Nation Class Action (Video)

Duane Morris Takeaway: This week's episode of the Class Action Weekly Wire features Duane Morris partners Jerry Maatman and Sean McConnell with their discussion a certification ruling issued in an antitrust class action brought by consumers alleging ticket seller Live Nation monopolized the live entertainment market following its merger with Ticketmaster.

Check out today's episode and subscribe to our show from your preferred podcast platform: Spotify, Amazon Music, Apple Podcasts, Podcast Index, Tune In, Listen Notes, iHeartRadio, Deezer, andYouTube.

Episode Transcript

Jerry Maatman: Thank you, loyal blog listeners and readers, for joining us for our next episode of our podcast series entitled The Class Action Weekly Wire. I'm Jerry Maatman of Duane Morris, and joining me today is my partner, Sean McConnell, of our Philadelphia office, who is the chair of our antitrust practice group.

Sean McConnell: Great to be here, Jerry. Thanks for having me.

Jerry: Today, we're here to discuss a recent ruling from the U.S. District Court for the Central District of California in which a federal judge certified a nationwide consumer class in antitrust litigation against Live Nation Entertainment and Ticketmaster. This past week, U.S. District Court Judge George Wu certified a class of consumers who had purchased primary concert tickets through Ticketmaster or other Live Nation platforms dating back to 2010. The ruling adopted a tentative decision the court had issued earlier this month. Sean, can you tell us a little bit of the context of the antitrust implications of this ruling?

Sean: Sure, Jerry. The plaintiffs allege that Live Nation used its market power following the transaction with Ticketmaster and that acquisition to suppress competition and inflate ticket prices for concertgoers. The court concluded that the plaintiff satisfied the requirements for class certification under Rule 23, including predominance. Live Nation's opposition focused primarily on the absence of a nationwide market. The company argued that ticket purchasing is inherently local, and that consumers do not seek alternatives outside their geographic area in response to price increases. Judge Wu rejected that framing. He reasoned that the case centers on ticketing services rather than individual tickets for individual concerts. From the court's perspective, those services operate at a national scale, supporting certification on a nationwide basis.

Jerry: I know that expert opinions are at the heart of class certification efforts by the plaintiff's bar and antitrust cases, and here, the court rejected the defendant's critiques of the plaintiff's expert report. Stating that the plaintiffs had adequately addressed those challenges, and that Rule 23 does not require the court to resolve competing expert opinions or models at the class certification stage. In this instance, who's actually included, then, in the certified class?

Sean: Great question, Jerry. The certified class includes only primary ticket sales and excludes secondary market resales. The case has been pending since 2022, and proceeds alongside enforcement actions brought by the Department of Justice and several state attorneys general, which have alleged similar anti-competitive conduct and violations of a prior consent decree when Live Nation and Ticketmaster first merged back in 2010.

Jerry: At a 100,000-foot level, what exactly are the implications of this decision? I know that class certification is the holy grail in these sorts of cases. Is this ruling significant for companies?

Sean: Yes, from a corporate perspective, the decision underscores the litigation risk associated with vertically integrated platforms that operate at a nationwide scale. Courts may look beyond localized consumer behavior and focus instead on centralized pricing, contracting, and service models. The ruling also illustrates the relatively modest evidentiary burden plaintiffs face at the class certification stage in complex antitrust cases. Companies should not assume that disputes over market definition or expert methodology will prevent certification.

Jerry: Well, that's a great overview, Sean, of those implications. I know that when antitrust cases are certified as viable class action, exposure increases incrementally, if not significantly, and shifts the leverage to the plaintiffs, which in turn increases the pressure to settle and expands both the scope and the cost of discovery.

Sean: Exactly right, Jerry. For companies in highly concentrated or regulated markets, this case reinforces the importance of proactive antitrust risk assessment, careful compliance with merger-related obligations, and early litigation strategy focused on class certification.

Jerry: Well, thanks, Sean, for your detailed analysis of the implications of this ruling, and thanks so much for being here today. Happy holidays to all of our listeners, and we're glad you were able to tune in to this final 2025 edition of the Class Action Weekly Wire.

Sean: Thank you, Jerry, and thank you, listeners. As always, it was a pleasure to be here, and happy holidays, everyone.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.