Live Nation Faces Trial as Judge Rejects Most Dismissal Claims
The battle between the U.S. Department of Justice and Live Nation/Ticketmaster moves forward. On Wednesday, February 18, Judge Arun Subramanian of the United States District Court for the Southern District of New York ruled against the company's attempt to have the antitrust case thrown out before trial.
Live Nation had pushed for summary judgment following 15 months of discovery, seeking to eliminate claims or settle portions of the case early. The strategy largely failed. The judge did toss out allegations related to "fan experiences," but the core antitrust claims remain intact.
Three major areas of the case will proceed to trial on March 2. First: whether Live Nation leveraged its amphitheater portfolio to unfairly dominate the artist-facing amphitheater market. Second: whether the company abused its market position in the venue-facing primary ticketing space—a claim that includes state damages. Third: state-level claims that survived the federal ruling.
The court is still weighing Live Nation's request to reduce the government's witness list, though the DOJ counters that Live Nation's own list is larger, potentially making the entire request irrelevant.
A significant wrinkle could reshape the trial structure. Live Nation has asked the court to bifurcate proceedings, splitting federal claims from state claims. The company argues that forcing a single jury to apply evidence across both types of claims "would create substantial prejudice." Live Nation also notes that federal and state statutes of limitation prevent both the DOJ and state attorneys general from using identical evidence.
If bifurcation gets approved, the trial could focus on state claims while federal matters are either tried separately or settled behind closed doors. That scenario could favor Live Nation's negotiating position. State attorneys general have signaled they'll push forward regardless of any DOJ settlement, which could work in their favor too if only their claims reach the courtroom.
Judge Subramanian is expected to clarify the trial structure in coming weeks. The March 2 date remains firm.
Marcus Webb covers hip-hop, R&B, and rap for SongLyrics. He runs a vinyl collection that takes up an entire room and has strong opinions about producer credits.