Ticket Center Files $45 Million Lawsuit Against Popular, Inc.
October 17 2004 - 12:00PM
PR Newswire (US)
Ticket Center Files $45 Million Lawsuit Against Popular, Inc. SAN
JUAN, Puerto Rico, Oct. 17 /PRNewswire/ -- Popular, Inc., the 31st
largest bank holding company in the U.S, and Banco Popular, Puerto
Rico's largest banking institution, were recently sued in The
United States District Court for the District of Puerto Rico for
multiple banking and antitrust violations against vendors in the
entertainment ticketing industry, particularly against Ticket
Center. Ticket Center, Inc., Puerto Rico's leading ticketing
service company, asks the court to enjoin defendants Popular, Inc.
and/or Banco Popular from further engaging in antitrust violations
and redress damages (trebled) for the amount of $45 million
suffered by the plaintiff as a result of the defendants' unlawful
conditioning of highly sought banking products, using the bank's
overwhelming market power to force upon customers exclusive use of
additional less-desired products and/or services, also available
from other ticket vendors within a competitive market, to the
detriment of competitors, such as the plaintiff. Ticket Center also
seeks to prevent further unlawful monopolization attempts by
defendants within the ticketing market in Puerto Rico. The lawsuit
also asks the court to issue an order for the bank to divest from a
recently awarded exclusive contract to operate the box office and
retail ticket outlets of Puerto Rico's new premier arena, Jose
Miguel Agrelot Coliseum (JMA Coliseum), inasmuch as this activity
constitutes an unauthorized non-banking business activity conducted
by Popular's ticketing department and/or service division, known as
TicketPop. The exercise of such unauthorized non-banking business
activity has also been alleged to be part of the attempted
monopolization scheme. Ticket Center had independently challenged
Popular's exclusive ticketing award at JMA Coliseum, which is
currently subject of review by the Circuit Court of Appeals of the
Commonwealth of Puerto Rico. Among the "highly questionable"
situations surrounding said award, Ticket Center alleges Popular's
lack of legal capacity and/or authorization to conduct the non-
banking services required by the request for proposal, as well as
Popular's noncompliance with important factual requirements of the
bid. Ticket Center's lawsuit also states that Popular, Inc. and/or
Banco Popular play a dual role at JMA Coliseum, not only
exclusively managing and operating the ticketing operation, but
affording major sponsorship and advertisement funds as the
displayed signs and publicity inside the 18,500-seat capacity venue
suggest. Ticket Center claims Popular, Inc. and/or Banco Popular
created and developed the TicketPop operation without the necessary
government (state, federal and/or regulatory) permits and/or
authorizations, working outside the legal scope of non-banking
activities allowed to a bank and/or bank holding company. It also
claims bank holding companies and/or U.S. banks are not allowed by
law to operate a commercial ticketing service. Popular has been
unable to produce any written authorization from the bank's
regulators to operate TicketPop. By doing so, it is alleged that
Popular Inc. violates Federal Reserve Board rules and the Bank
Holding Company Act. The lawsuit also alleges that Popular received
confidential and vital information from Ticket Center as a client
and during the 1995 -- 2002 negotiations to set up an alliance to
expand Ticket Center's network to dispense tickets through
Popular's ATM Network. Ticket Center alleges that Popular's
"illegal" actions, such as: antitrust, Sherman and Clayton Act
violations, Bank Holding Company Act violations, tie-in
arrangements, predatory pricing, exclusive dealings, controlling
ticket inventory of major events and forcing customers to buy such
tickets exclusively at TicketPop, have caused Ticket Center to lose
business. It claims Popular's actions forced such ticketing
companies as Casatron, Ticket Box, Ticket Print and Info-Line out
of the market. For information and/or copy of the Antitrust
Complaint, visit: http://www.tcpr.com/antitrust . Ticket Center,
Inc. Alberto Grau Vice President (787) 717-5538
http://www.tcpr.com/ Casatron, Inc. Joe Constanzo President (787)
510-3821 Ticket Print, Inc. Felix Roman President (787) 640-8440
Popular, Inc. (NASDAQ:BPOP) Headquartered in San Juan, Popular is
the 31st largest bank holding company in the U.S., and Puerto
Rico's largest financial institution, with $36.4 billion in assets
at December 31, 2003. In January 2003, the company announced that,
under a Deferred Prosecution Agreement with U.S. authorities (U.S.
Department of Justice, the Federal Reserve System, and the
Financial Crimes Enforcement Network of the U.S. Department of
Treasury -- FinCEN) related to a money laundering investigation, it
would forfeit $21.6 million to the U.S. DATASOURCE: Ticket Center,
Inc. CONTACT: Alberto Grau, Vice President, Ticket Center, Inc.,
+1-787-717-5538, or ; or Joe Constanzo, President, Casatron, Inc.,
+1-787-510-3821; or Felix Roman, President, Ticket Print, Inc.,
+1-787-640-8440 Web site: http://www.tcpr.com/
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