Ozzy Osbourne Files Tour Policy Class Action Lawsuit

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Singer Ozzy Osbourne has filed a class action lawsuit against a venue owner, alleging that they implement unfair business practices when booking artists.

The former Black Sabbath frontman filed the class action against Anschutz Entertainment Group Inc., the company which owns the Staples Center in Los Angeles and the O2 Arena is London.

Osbourne claims that Anschutz requires artists to play at the Staples Center in Los Angeles if they want to play at the O2 Arena in London. The issue arose when Osbourne started to plan and book venues for his world tour, “No More Tours 2.”

In January 2018, Osbourne’s wife and business manager, Sharon Osbourne, got a copy of the initial O2 Arena agreement and allegedly noticed the “Staples Center Commitment,” a clause which forbids her husband from playing in any venues within 25 miles of Los Angeles, unless the show is at the Staples Center.

According to the class action lawsuit, Sharon later emailed Jay Marciano, the COO of Anschutz, critiquing him for “bringing artists into a power struggle.” Sharon alleged that Anschutz includes the Staples Center Commitment clause as a way to ensure artists cannot book with their competitor, Live Nation. In closing her email, Sharon stated “the artists should always come first.”

Marciano allegedly responded the same day, agreeing with Sharon’s sentiments. He allegedly finished his email with “PS – The other guys started this first!” This statement is in reference to the ongoing dispute between the Staples Center and the Madison Square Garden.

Osbourne claims that the clause is vastly unfair because there is no other large indoor arena in London, forcing artists to sign the Staples Center Commitment if they wish to play in London. This limits the options for artists to play at venues in Los Angeles, where many large indoor arenas are available.

Osbourne recently signed the agreement but filed his class action lawsuit two days later, citing violations under federal antitrust laws. “This is about identity, freedom, and choice, as much or more than it is about money,” the class action lawsuit states.

In a statement to Law360, Marciano claimed the suit was without merit and will be fought aggressively. “We welcome a closer look at the global live entertainment market and, specifically, our practices and the practices of our competition. AEG has always worked hard to put artists first. At the same time, we must respond to the actions of those we compete with, specifically Live Nation and Madison Square Garden. Fighting for a level playing field is fair competition at its core.”

Osbourne seeks to represent a Class of all persons required to sign the Staples Center Commitment as a condition of renting, booking, or otherwise using the O2 Arena. The class action lawsuit seeks a trial by jury, an injunction restraining unfair actions, court costs, and attorneys’ fees.

Osbourne is represented by Daniel Wall, Timothy O’Mara, and Andrew Gass of Lathan and Watkins LLP.

The Ozzy Osbourne Class Action Lawsuit is Osbourne v. Anschutz Entertainment Group Inc., et al., Case No. 2:18-cv-02310-DSF-JEM, in the U.S. District Court for the Central District of California.

UPDATE: On Aug. 1, 2018, a California federal judge denied a motion to dismiss an antitrust class action lawsuit filed by Ozzy Osbourne on behalf of a Class of performers over allegations that Anschutz Entertainment Group Inc. allows the O2 Arena in London to be booked by an artist only if the artist also agrees to play at the Staples Center in Los Angeles. Both venues are owned by AEG.