COMPETITION TRIBUNAL
File No.
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the “Competition Act”); AND IN THE MATTER OF an application by the Consumers Council of Canada (“CCC”) for an order pursuant to section 103.1 of the Competition Act granting leave to bring an application under sections 77 and 79 of the Competition Act;
AND IN THE MATTER OF an application by the CCC for an order pursuant to sections 77 and 79 of the Competition Act;
B E T W E E N:
CONSUMERS COUNCIL OF CANADA
Applicant
and LIVE NATION ENTERTAINMENT, INC., TICKETMASTER LLC, LIVE NATION CANADA, INC., LIVE NATION ONTARIO CONCERTS GP, INC., RESEAU ADMISSION ULC, TICKETMASTER CANADA LP, and TICKETMASTER CANADA ULC
Respondents
AFFIDAVIT OF MISHA NILI (sworn on December 18, 2025)
I, Misha Nili, of the City of Toronto in the Province of Ontario, MAKE OATH AND SAY:
1. I am an articling student with Sotos LLP, lawyers for the applicant, and as such, have personal involvement and personal knowledge of the matters set out herein, except where stated to be based on information and belief, in which case I base my belief on my discussions with counsel in the firm, which I verily believe to be true.
2. This affidavit is provided in support of CCC’s application for leave to bring a proceeding in the public interest under section 103.1 of the Competition Act. It outlines the steps taken by counsel and CCC to prepare the record and to demonstrate diligence and responsibility in pursuing this matter. 3. Recognizing that CCC is not an industry participant and therefore does not have direct access to internal business records, counsel undertook extensive efforts to collect and analyze public information relating to the live music and ticketing industries in Canada. 4. These efforts include a comprehensive review of: (a) publicly available regulatory materials, including from the ongoing litigation against the defendants in the United States; (b) market research and industry publications concerning the structure of the Canadian live entertainment sector; (c) public filings and investor statements of the respondents; and (d) academic and media analyses addressing the integration of the ticketing and promotional markets in Canada. 5. I am advised by David Sterns, Adil Abdulla and Maria Arabella Robles, counsel for the applicant, that counsel also contacted multiple current and former industry participants, including venue promoters, independent promoters, artists, and artists’ representatives, in an effort to obtain relevant information or identify potential witnesses; however, many individuals either declined to speak to them or provide assistance due to fear of potential repercussions within the industry. 6. While several individuals indicated concern about professional repercussions and declined to provide evidence at this stage, these interactions provided valuable context and confirmed the perceived influence of the respondents within the industry.
7. Counsel has continued to search for qualified experts in live-entertainment market structure and ticketing practices that are capable of opining on competition effects, market definition, and consumer impact. 8. I am advised by Mr. Sterns that CCC and its counsel have also explored and initiated discussions with potential third-party litigation funders to support the costs associated with pursuing this case, including to obtain expert evidence and evidentiary development following leave. To date, Mr. Sterns advises, and I believe that we have received an expression of interest from a third-party funder. 9. I understand from Mr. Sterns that these funding arrangements are intended to ensure that CCC will have the financial ability to responsibly advance the proceeding without reliance on public funds and without compromising its independence as a non-profit organization. 10. In preparing this application, CCC and counsel have acted diligently and responsibly, gathering all available information to permit the Tribunal to assess the public-interest issues raised. CCC and its counsel are prepared to advance this matter through all necessary procedural stages if leave is granted.
SWORN before me by Misha Nili of the City of Toronto, in Province of Ontario, on December 18, 2025.
Commissioner for Taking Affidavits (or as may be)
MISHA NILI