Live Nation Loses Bid for Full Dismissal of Antitrust Suit (1)

Live Nation Entertainment Inc. must face an antitrust trial on some claims brought by the US Justice Department and various states for allegedly monopolizing the live events market, after a federal judge rejected the company’s request to dismiss a case that could force the shedding of its Ticketmaster unit.

A jury should see evidence and decide whether Live Nation’s conduct in the concert business amounts to illegal monopolization, US District Judge Arun Subramanian said Wednesday in a 44-page ruling. A trial is scheduled to begin on March 2.

The judge said the government can proceed with its allegations that Live Nation ties the use of its amphitheaters to its concert promotion services and monopolizes the ticketing market. However, Subramanian threw out claims that the company monopolizes the concert promotion market and harms fans through higher ticket prices.

A DOJ spokesperson declined to comment.

Live Nation, in a statement, said it was “grateful that the district court dismissed all claims in the concert promotions and concert booking markets. With those claims gone, we see no possible basis for breaking up Live Nation and Ticketmaster. The deficiencies we identified in the government’s monopoly power and conduct claims have not gone away, and we continue to believe that we will prevail in the end.”

Read More: Why US Sued Live Nation, Big Tech Firms for Antitrust

Live Nation asked the judge to decide on the case without a trial. The federal government and some 30 state attorneys general sued in 2024 alleging Live Nation illegally monopolized the live events industry.

The company controls more than 265 concert venues in North America and manages more than 400 musical artists, according to the complaint. The government says the company controls 87% of the concert ticketing market through its Ticketmaster subsidiary and more than 65% of the concert promotion market.

According to the judge, Live Nation “vastly overstated” the competitiveness of the ticketing market. Subramanian said “the government plausibly paints a grim picture for new entrants.”

However, Live Nation won dismissal of a key claim involving its concert promotion business. The DOJ and states accused the company of monopolizing concert promotion services to “major concert venues.” Subramanian ruled the evidence “supports only the trivial conclusion that Live Nation and other market players often discuss promotion services in reference to some kind of venue,” and not the specific types of venues discussed in the lawsuit.

That ruling may dampen the possibility of a breakup. Live Nation bought Ticketmaster in 2010 after a controversial settlement with the federal government, and the DOJ and states are hoping to unwind that deal.

According to the complaint, Live Nation’s conduct in ticketing and concert promotions were “mutually reinforcing” in its efforts to dominate the live music industry. Because the judge threw out the claims that Live Nation monopolizes the concert promotion market, that could undermine the need for a break up.

However, the company’s power in the promotions market still factors into the allegations that it monopolizes ticketing, so it could still be feasible for the DOJ to seek to separate the two businesses.

New York Attorney General Letitia James said she’s looking forward to the trial. “Live Nation has used its monopoly to rig the live events industry to its benefit, driving up costs with higher ticket prices and outrageous fees,” she said in a statement. “Regardless of the path that the Department of Justice takes, my office will continue this case and we will see Live Nation in court.”

The case is US v. Live Nation Entertainment, 24-cv-03973, US District Court, Southern District of New York (Manhattan).

(Updates with statement from Live Nation, New York attorney general, details of judge’s ruling and background on case.)

To contact the reporters on this story:
Josh Sisco in San Francisco at jsisco6@bloomberg.net;
Leah Nylen in Washington at lnylen2@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Steve Stroth, Elizabeth Wasserman

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