Supreme Court Rejects Live Nation Appeal In Ticketing Antitrust Case

The Supreme Court rejected an appeal from Live Nation and Ticketmaster Monday in an antitrust suit brought by ticketbuyers, letting stand an appeals court decision that invalidated the companies’ arbitration regime.

The suit — Heckman et al v Live Nation — was brought by a group of consumers early 2022, alleging monopolistic control of the ticket market by the live giant and its ticketing subsidiary. Live Nation attempted to send the case to arbitration under the Ticketmaster terms of service. The district court rejected Live Nation’s motion, saying that the arbitration agreement under a new arbitration provider which claims to provide “mass arbitration” services, violated California law.

The Ninth Circuit Court of Appeals agreed. In an October 2024 opinion, a three-judge panel at the appellate court agreed with the district court is unenforceable under California law, due to the mass arbitration scheme, which applies decisions made by an arbitrator in so-called “bellwether cases” are applied universally to similar, though not identical, claims. Further, the panel found, limited discovery and rights of appeal in the agreement also violate state law. Further, the appellate court rejected an argument by Live Nation that the Federal Arbitration Act overrides California law.

“Simply labeling something as ‘arbitration’ does not automatically bring it within the ambit of the FAA’s protection,” U.S. Circuit Judge William Fletcher wrote in that ruling.

Live Nation asked the Supreme Court to overturn the appeals court decision. As part of a order list issued at the start of the Supreme Court term Monday that followed the so-called “long conference” that precedes the opening of a new term, justices denied certiorari, sending the case back down, setting up a trial.

The Heckman suit, filed in Los Angeles, is separate from the antitrust suit brought in 2024 in New York that is scheduled for trial in March 2026. It is also separate from the suit brought by the Federal Trade Commission last month against Live Nation and Ticketmaster alleging violations of the BOTS Act.