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Show moreLive Nation Files Motion to Postpone Start of Antitrust Trial
Live Nation and Ticketmaster have petitioned a federal court to postpone their antitrust trial, scheduled to begin imminently. In a Sunday filing, the companies requested an interlocutory appeal, aiming to have a higher court review two recent judicial rulings. They argue these decisions unfairly limit the government's case and that appellate clarification could simplify the proceedings or potentially negate the need for a trial altogether.
The motion focuses on two key decisions from U.S. District Judge Arun Subramanian. The companies are asking the Second Circuit Court of Appeals to examine whether the Department of Justice must provide specific proof of actual price discrimination to support its claims. They also challenge the viability of the government's "tying" allegation—which asserts venues are forced to use Ticketmaster to secure Live Nation concerts—without a precisely defined market for the tied product. The live events giant contends a favorable appellate review on either point should halt the trial. The legal maneuver highlights the extraordinary stakes; the DOJ's 2024 lawsuit seeks a court-ordered breakup of Live Nation and Ticketmaster, a move that would fundamentally restructure the industry landscape for the first time since their controversial 2010 merger created the dominant entity.
This request for delay arrives just after Live Nation disclosed record annual earnings, fueled by unprecedented global demand for live events. The company posted over $22.7 billion in 2024 revenue, a statistic it will likely present as proof of a healthy, competitive marketplace. This financial success stands in direct opposition to the DOJ's core argument that the company's alleged monopoly leads to consumer harm through inflated fees and stifled innovation. The juxtaposition underscores the trial's pivotal conflict: whether market dominance is a sign of anti-competitive behavior or simply commercial achievement.
Jury selection remains on the calendar for March 2. Last week, Judge Subramanian rejected the companies' bid to dismiss major portions of the suit, allowing monopolization and illegal tying claims to move forward. In reaction, Live Nation's Executive Vice President for Corporate and Regulatory Affairs, Dan Wall, published a blog post publicly calling for a settlement and opposing a corporate split. Notably titled "It's Time to Move On," the post was later removed from the company's website after being distributed to media, suggesting possible internal discord over strategy. "Simultaneously pushing for a public settlement while filing for a legal delay is a classic dual-pressure tactic," noted an antitrust analyst. "It aims to sway the court of public opinion while seeking advantage in the court of law."
If the postponement is approved, it could extend a legal confrontation already under intense scrutiny from artists, independent venues, and ticket-buyers nationwide. A drawn-out pre-trial phase might incentivize settlement talks, although the DOJ has historically pursued structural remedies in major monopoly cases. The final ruling will set significant precedents for evaluating vertical integration and digital platform power under contemporary antitrust law, with ramifications far beyond the concert industry.
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