Weinhold wrote in another chat, “I have VIP parking up to $250 lol.” Baker replied, “I almost feel bad taking advantage of them.” Weinhold then mentioned that he raised club prices to $125 and Baker replied, “I wonder if I can get $225.”
Live Nation said the messages aren’t reflective of the company’s general operations. “The Slack exchange from one junior staffer to a friend absolutely doesn’t reflect our values or how we operate,” Live Nation said in a statement provided to Ars today. “Because this was a private Slack message, leadership learned of this when the public did, and will be looking into the matter promptly. Our business only works when fans have great experiences, which is why we’ve capped amphitheater venue fees at 15 percent and have invested $1 billion in the last 18 months into US venues and fan amenities.”
The US and states said Live Nation is downplaying Baker’s position at the company. “Defendants’ brief fails to mention this individual has since been promoted and now serves as Head of Ticketing for Venue Nation, with responsibilities relating to all of Live Nation’s venues,” the plaintiffs’ brief said.
Live Nation said in a March 8 filing that the messages aren’t relevant to the trial because they concerned fees for things like VIP club access, premier parking, or lawn chair rentals. “These products are not primary concert tickets, are sold separately from tickets, and are not part of the ticketing services markets at issue in this trial; they bear no relevance to the parties’ claims and defenses,” Live Nation told the court.
Live Nation: Messages could “inflame the jury”
Live Nation said the only purpose of using the exhibits as evidence “is to portray Defendants in an unflattering light and inflame the jury against Defendants,” and that the exhibits “would confuse and mislead the jury, invite decision-making on an improper emotional basis, and cause unfair prejudice to Defendants.” The company also asked the court to bar plaintiffs “from questioning Ben Baker or any other witness about the substance of these Exhibits or about similar communications concerning ancillary, fan-facing products and services not encompassed by the markets and claims proceeding to trial.”