Live Nation Moves to Dismiss DoJ Antitrust Lawsuit

If the Department of Justice (DoJ) had anything on Live Nation and Ticketmaster’s alleged anticompetitive behavior, it would have acted by now. That’s essentially Live Nation’s reasoning in the memorandum supporting its motion for summary judgment.

Quick recap:

• In May 2024, the DoJ and 40 state-level Attorneys General accused Live Nation of anticompetitive conduct and violation of US antitrust laws.

• Ultimately, they’re seeking to have the 2010 merger of Live Nation and Ticketmaster dissolved.

In a nutshell:

• Live Nation says the case should be dismissed because the US Department of Justice has no evidence of anticompetitive behavior.

• Its lawyers claims that if the company engaged in “systematic and intentional” anticompetitive conduct across “virtually every aspect of the live music ecosystem,” as the DoJ alleged, then the plaintiffs would surely have amassed “mountains of evidence” by now.

• Instead, say Live Nation’s lawyers, after 18 months they have uncovered “barely a molehill.”

• Live Nation also says the DoJ is yet to provide evidence of “high pricing or output restrictions” which would back up monopoly claims, and so is instead seeking “inferences of monopoly power from market shares.”

• It accuses the DoJ of gerrymandering the relevant markets in “legally indefensible ways” that would give Live Nation a very high market share, while excluding aspects of the market – for example, stadiums – that would decrease it.

Also in the claim:

• Live Nation’s lawyers say the accusation that the company forces venues into exclusivity deals around ticketing is refuted by the fact “every venue witness has testified that they seek and prefer exclusive ticketing contracts.”

• Regarding the allegation that Live Nation’s promoters won’t book shows in venues that don’t use Ticketmaster’s ticketing services, the lawyers claim “at most three venue witnesses support this claim.”