On Tuesday, December 1, 2015, Stubhub filed its Notice of Appeal with the U.S. Court of Appeals for the Ninth Circuit, urging the Circuit Court to review its recently dismissed lawsuit against the reigning NBA champions, the Golden State Warriors.
Stubhub originally filed its lawsuit in April, alleging that the Warriors violated the Sherman Antitrust Act by restricting the “resale” of season tickets to Ticketmaster’s platform. The Warriors and Ticketmaster countered with a motion to dismiss, arguing that Stubhub failed to allege a “cognizable relevant product market” and that the Warriors can sell their own tickets however they wish.
The California federal court agreed, holding that there is only one market — Warriors tickets sold directly by the team itself — and that a manufacturer’s natural monopoly in the sale of its own product “cannot be the basis for antitrust liability”