Damaging workplace communications where a Live Nation worker called concert-goers “so stupid” and boasted about “robbing them blind, baby” are now part of the public record in a federal antitrust case targeting the entertainment company and its Ticketmaster division.
These inflammatory messages, sent between late 2021 and early 2023 through the workplace platform Slack, were spotlighted Wednesday in court documents filed by prosecutors in Manhattan federal court. Government attorneys want these communications admitted as evidence in their week-old lawsuit against Live Nation and Ticketmaster.
Federal prosecutors alongside 39 states and Washington D.C. claim the companies have eliminated competition and inflated ticket costs for music fans through intimidation, retaliation and other methods designed to “suffocate the competition” by dominating nearly every sector of the entertainment business, from concert promotion to ticket sales. Live Nation and Ticketmaster counter that performers, sports organizations and venues determine pricing and sales methods.
According to government attorneys, the communications should be allowed in court because they represent “candid, internal messages” where Ben Baker “calls fans ‘so stupid,’ explains that he ‘gouge(s)’ them, and brags that Live Nation is ‘robbing them blind, baby.’”
Court filings to Judge Arun Subramanian reveal that Baker held the position of regional ticketing director overseeing a major Florida amphitheater when he made these statements, but has since received a promotion to lead ticketing operations for Venue Nation, managing all Live Nation properties.
According to prosecutors, the workers were debating Live Nation’s pricing for VIP section access at a concert at the MidFlorida Credit Union Amphitheatre in Tampa when Baker described the costs as “outrageous,” called “these people are so stupid” and wrote “I almost feel bad taking advantage of them” followed by “BAHAHAHAHAHA.”
Live Nation is fighting to exclude these materials from the trial, arguing the messages represent “off-the-cuff banter, not policy” between two personal friends who don’t work in the same department.
Defense attorneys argue the communications don’t connect to the antitrust allegations. They claim the employees were making “passing references to non-ticket ancillary products — such as VIP club access, premier parking, or lawn chair rentals — sold to concertgoers at two amphitheaters” in Florida and Virginia.
However, attorneys representing the plaintiff states and federal government maintain that “excessive prices for ancillary services are directly relevant” to their case and that “ancillaries are a significant way that Live Nation monetizes its monopoly position in the amphitheater market.”
In a Thursday statement, the company declared the Slack conversation “from one junior staffer to a friend absolutely doesn’t reflect our values or how we operate.”
The company continued: “Because this was a private Slack message, leadership learned of this when the public did, and will be looking into the matter promptly.”
These exhibit disputes emerged after Bloomberg News, The New York Times, MLex (a legal and regulatory publication), and Inner City Press petitioned for their public release.
The trial’s future remains uncertain following this week’s announcement that the federal government reached a settlement agreement with Live Nation that would provide Live Nation’s competitors some access to ticket sales they’re currently blocked from.
More than two dozen state attorneys have requested the current trial be dismissed and a fresh jury selected in coming weeks. The jury that started hearing testimony last week was instructed to remain home this week with expectations the proceedings would restart Monday.
Judge Subramanian has urged attorneys for the states and Live Nation to engage in negotiations this week before informing him by late Friday whether they’ve achieved an agreement.
While the parties haven’t disclosed details about negotiation progress publicly, a Live Nation attorney suggested during Tuesday’s court session that reaching a quick settlement with all states was unrealistic.
In correspondence to the judge Thursday, a states’ attorney indicated the trial would likely continue, noting the judge must decide on the Slack message evidence because his ruling will significantly impact which witnesses the states plan to call as they “prepare to resume trial next week.”
