Live Nation Challenges DOJ Antitrust Claims, Calls State Allegations 'Threadbare' in Dismissal Preview

Live Nation Challenges DOJ Antitrust Claims, Calls State Allegations 'Threadbare' in Dismissal Preview

By Alexander Mitchell

December 14, 2024 at 09:27 PM

Live Nation has previewed its dismissal arguments in response to the Department of Justice's antitrust lawsuit, focusing on three main points to contest the allegations.

The entertainment giant challenges the core tying claims, which allege that Live Nation forces artists to use their promotion services when booking their amphitheaters. Live Nation argues this mischaracterizes the industry dynamics and actually describes a refusal to deal with competitors rather than illegal tying.

Michael Rapino with dark curly hair

Michael Rapino with dark curly hair

The company specifically targets claims from 30 states (including D.C.) that joined the DOJ suit, describing them as "threadbare and conclusory." Live Nation contends these plaintiffs failed to:

  • Provide elements of each state-law claim
  • Detail specific conduct violating state laws
  • Demonstrate concrete harm to affected parties
  • Account for statute of limitations (maximum 6 years)

Important context: The Live Nation-Ticketmaster merger was approved by the Obama administration in 2010 and maintained under Trump with an existing consent decree. The trial is expected no earlier than 2026, extending beyond the upcoming presidential election.

US Department of Justice building exterior

US Department of Justice building exterior

Michael Rapino in black shirt

Michael Rapino in black shirt

The case remains significant as one of several challenges Live Nation currently faces, with both legal and market implications for the live entertainment industry.

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