Patriots rebut StubHub claims on ticket policies

The New England Patriots yesterday accused ticket reseller StubHub Inc. of reconstructing law and logic to make the "farfetched claim" that the team is trying to monopolize the resale of its own tickets.

In a brief filed in Suffolk Superior Court, the Patriots said their opposition to ticket resales and their decision to revoke the ticket privileges of customers who resell tickets at a profit were not attempts to monopolize a market but instead a bid to make sure tickets go to fans at reasonable prices.

StubHub, based in San Francisco, operates an online marketplace where tickets to almost any event can be bought and sold, often at a steep premium above face value.

The Patriots in November sued StubHub for allegedly encouraging fans to violate Massachusetts' antiscalping law and the team's prohibition on ticket resales for profit.

StubHub in December countersued, alleging the team's policies were designed to corner the market on ticket resales for itself.

The Patriots revoke the tickets of fans caught reselling their tickets anywhere but on the club's own TeamExchange website, which requires sales at face value. The TeamExchange website is operated by Ticketmaster, the nation's leading ticketing firm.

"Stripped to its essence, StubHub's argument is that the Patriots have no right to adopt a no-resale policy, no right to control access to their games at their stadium, and no right to revoke tickets, and that the antitrust laws guarantee StubHub the right to facilitate the unauthorized and illegal resale of tickets," said the Patriots brief.

StubHub yesterday declined to comment.

Last month eBay Inc. said it would buy the company for $310 million to grow its resale-ticket business.

The high-stakes battle between the Patriots and StubHub comes at a time when lawmakers on Beacon Hill are talking about revamping the antiquated antiscalping law, which is rarely enforced and considered by many to be unworkable. The law allows licensed ticket resellers to resell tickets at $2 above face value, plus certain service charges.

In making the case that the Patriots can revoke a customer's tickets at any time and for any reason, the team cited a 2005 court decision affirming the right of the team to revoke four season tickets awarded to a former employee as part of a settlement of a discrimination claim.

The settlement required the Patriots to supply George Luongo with four season tickets for seven years and after that give him the same right to renew as other season ticket holders. Once the seven years were up, the Patriots revoked Luongo's four tickets and 12 others he had purchased on his own.

Luongo said the revocations were retaliation for his legal claim, noting the team normally revokes season tickets only if the ticket holder or a guest has violated club policies, which had not occurred in his case.

A Norfolk Superior Court judge sided with the Patriots, noting the law "gives the Patriots the right to revoke or refuse to grant a license to attend home football games for any reason."

Bruce Mohl can be reached at mohl@globe.com.