Tuesday, March 25, 2014
Ind. Decisions - 7th Circuit decision re Live Nation bundling
In Batson v. Live Nation (ND Ill), a 13-page opinion, Chief Judge Wood writes:
James Batson walked up to Live Nation’s box office at the Charter One Pavilion in Chicago and purchased a non‐refundable ticket to see O.A.R., a popular American rock band. Ticket in hand, he realized that the ticket price included a $9 parking fee for a spot he did not want. Believing that the bundled $9 fee was fundamentally unfair, he sued on behalf of himself and a proposed class. * * *
There are times when consumers are required to accept a package deal in order to get the part of the package they want. An airline passenger with no luggage may prefer the cost of baggage to be decoupled from the cost of a seat, and a No. 13‐1560 13 law student may prefer to pay lower tuition and avoid “free” pizza days. But while some people may find these bundles annoying, or even unfair, the tie is not illegal unless the standards set forth in the governing antitrust cases have been met. (Batson did not allege that the offer of a parking place was fraudulent because all places were filled; we thus have nothing to say about that or any other variation on the facts before us.) We AFFIRM the district court’s dismissal of Batson’s claim.
Posted by Marcia Oddi on March 25, 2014 05:17 PM
Posted to Ind. (7th Cir.) Decisions