DOJ Calls Live Nation’s Motion to Delay Antitrust Case “Desperate”
Says the call for an interlocutory appeal is “meritless”
On Sunday February 22, Live Nation and Ticketmaster filed a motion with Judge Arun Subramanian requesting a pause in the impending Department of Justice (DOJ) antitrust trial so it could appeal two of the rulings in his February 18 summary judgment. In an opposition brief filed on Tuesday February 24, the DOJ responded by calling the request “desperate” and urging the trial to proceed as scheduled.
Unlawful:
As per Music Business Worldwide, the DOJ argues that Live Nation’s motion is “statutorily barred” under the Expediting Act, “which prohibits this type of mid-case appeal in antitrust enforcement actions brought by the US government.”
The Act is designed to avoid “undue delay and disruption” to government antitrust cases.
It also claims the timing of the motion was designed to “improperly prolong” proceedings, and could impact witnesses who may not be available at a later date.
Decision pending:
Pollstar reports that in the final pre-trial conference on February 25, Judge Subramanian indicated he was likely to deny Live Nation’s February 22 motion.
Should that be the case, jury selection will begin on March 2, with opening statements the following day.
👋 Disclosures & Transparency Block
This story was written with information from Music Business Worldwide and Pollstar.
We covered it because it’s news in the ongoing Live Nation antitrust case.
