Live Nation has formally petitioned the US Supreme Court to appeal a ruling that prevents the company from forcing arbitration in a massive consumer antitrust lawsuit. In a petition filed on May 5, Live Nation asks the court to consider its appeal after the Supreme Court upheld a lower court’s decision to strike down “unconscionable” arbitration […]
Photo Credit: Live Nation
Live Nation has formally petitioned the US Supreme Court to appeal a ruling that prevents the company from forcing arbitration in a massive consumer antitrust lawsuit.
In a petition filed on May 5, Live Nation asks the court to consider its appeal after the Supreme Court upheld a lower court’s decision to strike down “unconscionable” arbitration provisions in Ticketmaster’s terms of use. Live Nation argues that California and the Ninth Circuit Court’s decisions have singled out its arbitration agreement improperly, in conflict, they allege, with federal law and precedent.
Live Nation is seeking reversal in two key areas. Largely, it insists that all forms of arbitration, including “mass arbitration,” deserve protection under the Federal Arbitration Act (FAA). Secondly, it challenges the application of California’s “arbitration-specific” severability doctrine—which Live Nation asserts violates the FAA’s core principle in placing arbitration agreements on equal footing with other contracts.
It’s the latest major move in the massive consumer-led antitrust lawsuit that claims Live Nation and Ticketmaster unfairly dominate the ticketing industry. Recently, US District Court Judge George H. Wu denied Live Nation’s motion to dismiss the case, pointing out plausible allegations of market sway and unfair business practices.
Live Nation’s partnership with a relatively new arbitration service—New Era ADR—has raised questions about procedure, which consumers called “extremely unconscionable” and one-sided. The Ninth Circuit Court agreed and upheld Judge Wu’s earlier ruling that Live Nation’s terms forced claimants into mass arbitration, which lacks many of the safeguards associated with traditional arbitration.
According to Live Nation’s petition, the FAA covers all types of arbitration, and the Ninth Circuit’s refusal to enforce its agreements violates Supreme Court precedent. Further, it challenges the way California courts invalidate arbitration agreements as “unduly hostile,” citing a series of decisions in California where arbitration contracts were invalidated at higher rates than others.
Currently, the consumer antitrust lawsuit continues under Judge Wu in California, with discovery and pretrial proceedings underway. A separate antitrust action filed by the US Department of Justice and 39 states and the District of Columbia is heading to trial in March 2026. Live Nation hoped to delay the consumer suit until after the government’s trial, but Judge Wu denied their request.
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