Live Nation Suit Dismissed

Live Nation will not face a class-action suit regarding a mandatory parking fee tied to tickets in Illinois, according to a federal judge.

James Batson sued Live Nation because of a $9 parking fee attached to his ticket when he attended O.A.R. at Charter One Pavilion at Northerly Island in Chicago in 2010.  Batson said he walked to the concert and bought the ticket at the box office, but the fee could not be used for a future event or another service.

Batson claimed Live Nation was in violation of federal antitrust law because of its alleged monopoly on the concert business allowed it to charge unnecessary fees. He also claimed Live Nation was in violation of the Illinois Consumer Fraud and Deceptive business Practices Act (ICFA).

Judge Gary Feinerman of the U.S. District Court for the Northern District dismissed the case, finding the fee did not violate public policy because the company does not have a significant share of the parking market and it does not restrict competition in that market.

“Batson and other consumers could have avoided the $9 parking fee simply by choosing not to purchase a ticket to the O.A.R. concert,” Feinerman wrote. “It is indisputable that there were plenty of other avenues for musical and other entertainment in Chicago the evening of July 10, 2010.”

And because Live Nation did not violate public policy, it could not violate the ICFA.