Live Nation Executive Expresses Regret Over 'Stupid' Customer Remarks at Antitrust Trial
A senior Live Nation Entertainment ticketing employee has publicly expressed deep regret and described his past comments about customers as "very immature and unacceptable" during a high-stakes antitrust trial in Manhattan. Benjamin Baker, head of ticketing for Venue Nation, which oversees the company's amphitheaters, became a pivotal witness after a federal judge allowed his private messages to be admitted as evidence.
Private Messages Spark Controversy
Baker's testimony centered on instant messages exchanged with a coworker in early 2022, where he referred to some customers as "so stupid" and boasted about "robbing them blind, baby." The messages were revealed during proceedings where over 30 states are pressing antitrust claims against Live Nation and its ticketing arm, Ticketmaster. Jeffrey Kessler, a lawyer representing the states, used these communications to argue that the company exhibits monopolistic behavior, squelching competition and driving up prices for fans.
Baker repeatedly apologized for his language, explaining that he was conveying surprise at the prices customers were willing to pay for optional amenities like lawn chairs, prime parking spots, and VIP access at a show in Tampa. His voice briefly broke as he admitted, "I used very immature and regrettable language and that was not the language I was trying to convey."
States Challenge Justice Department Settlement
The trial unfolds against a backdrop of recent legal developments. Last week, the Justice Department reached a settlement with Live Nation to open up some ticketing and promotional markets to more competition, which federal lawyers claim will reduce ticket prices. However, all but six of the 39 states and the District of Columbia that joined the federal lawsuit remain in the case, arguing that the settlement falls short of dismantling what they describe as a monopoly.
Many states insist that the Justice Department's agreement does not go far enough to break up Live Nation's dominance. Kessler emphasized this point during the trial, suggesting that Baker's messages reflect a broader corporate attitude of exploiting fans. He snapped at Baker, "You could have charged $25!" after Baker defended his comments as merely reflecting market dynamics.
Live Nation's Defense and Corporate Response
Live Nation has consistently denied allegations of monopolistic practices, presenting testimony from executives to portray the company as competing aggressively but fairly in a high-risk, low-margin industry. The company argues that profits are volatile and heavily influenced by performers and venues, which hold significant power.
In response to the controversy, Live Nation previously attempted to have Baker's statements excluded from the trial, labeling them as "off-the-cuff banter, not policy" between personal friends. The company also noted that executives only became aware of the private messages this month and pledged to investigate the matter promptly. Despite the uproar, Baker has been promoted twice since the chat occurred and confirmed he has not faced demotion or pay cuts.
Emotional Testimony and Legal Objections
During cross-examination, Kessler read Baker's troubled words back to him, stating, "What you were really doing was 'robbing them blind, baby.'" This drew a swift objection from Live Nation's legal team, which Judge Arun Subramanian sustained. Baker tried to shield his company from harm, asserting that his conversation was "speaking for myself, not Live Nation as a whole."
Kessler highlighted that the comments were made as fans emerged from the coronavirus pandemic, desperate to attend concerts, adding context to the emotional weight of the testimony. When given the opportunity to question Baker, a Live Nation lawyer declined, leaving the states' arguments to resonate in the courtroom.
The trial continues as both sides present evidence in a case that could reshape the live entertainment industry, with implications for competition, pricing, and corporate accountability in ticketing markets.
