Antitrust Lawsuit Against Live Nation Survives, But Some Claims Dismissed

Despite the best efforts of Live Nation’s lawyers, Judge Arun Subramanian has refused to dismiss the entire Department of Justice antitrust lawsuit against Live Nation-Ticketmaster. He has, however, granted some aspects of Live Nation’s motion for summary judgment.

Dismissed:

• The Judge dismissed the government’s claim that Live Nation’s promotion and booking business constitutes a monopoly.

• He also dismissed the allegation that Ticketmaster is a consumer-facing monopoly.

• Lightshed Partners argues that a break-up of Live Nation and Ticketmaster is now unlikely, given that Live Nation promotion won’t be tried.

• Dan Wall, Live Nation’s Executive Vice President, Corporate and Regulatory Affairs, mirrored this view, stating on X: “While we are disappointed by some aspects of today’s decision, we are grateful that the district court dismissed all claims in the concert promotions and concert bookings markets. With those claims gone, we see no possible basis for breaking up Live Nation and Ticketmaster.”

Proceeding to trial:

• Three sets of claims will proceed to trial.

• The first surrounds the federal and state claims related to the large amphitheater market, which allege tying between Live Nation’s venues and promotions business.

• The second is focused on Ticketmaster’s conduct in the venue-facing primary ticketing market (including the state plaintiff’s claim for damages), and the “claims that it monopolizes ticketing services for major concert venues, particularly through long-term exclusive agreements,” as per Complete Music Update.

• The third covers the remaining state claims that survive independently of the federal claim rulings.

What’s next?

• Jury selection is scheduled to begin on March 2.

• Live Nation has asked the court to bifurcate the trial to separate the federal and state claims, meaning only the state claims would be heard at trial with the DOJ claims proceeding separately.