Live Nation Redoubles Efforts to Shut Down US Government Antitrust Case — Late-Year Summary Judgment Filing Questions Whether ‘Real World’ Damages Are Actually Occurring

Live Nation makes a high-stakes move to kill the US government’s antitrust lawsuit, claiming that prosecutors have failed to produce any evidence.

Live Nation hopes to cut off the U.S. Department of Justice’s antitrust case at the legs before it makes it to trial. In the latest move, Live Nation’s attorneys filed a brief on Monday (December 29), urging a federal judge to grant summary judgment based on their assertion that the government’s case fails critical definitions of monopolistic dominance.

The move comes in response to the DOJ and a coalition of state attorneys general’s December 15th filing insisting that the evidence of “interlocking monopolies” is substantial enough to take the case to trial. But Live Nation has doubled down on its assertion that the government merely disliking the entertainment juggernaut is not enough to prove a crime.

In order for the case to go to trial, the government must prove “antitrust injury,” which establishes that “real-world” damage—such as high ticket prices, fewer shows, or lower-quality service—has taken place. Live Nation claims that after months of discovery, the government still has no evidence, and that prosecutors haven’t found even a single venue that paid more because of a Ticketmaster monopoly.

A significant part of the DOJ’s case hinges on Live Nation’s alleged domination of major concert venues and amphitheaters. But Live Nation says it depends on your definition of the “market,” asserting that the government’s “artificially narrow” definition makes the company look bigger than it actually is. When you factor in stadiums and other large-scale venues, Live Nation argues, the company’s market share isn’t nearly as massive as the government would suggest.

Moreover, Live Nation says that venues often ask for long-term exclusive ticketing contracts—which the DOJ views as a way to lock out rivals—and that they are won through a fair bidding process. Live Nation claims that the DOJ has been unable to produce testimony from a single venue owner who says they were forced into a deal against their will, or threatened with retaliation.

Now, it’s up to U.S. District Judge Arun Subramanian (who also recently presided over the now-infamous Sean “Diddy” Combs trial) to determine if the DOJ’s case has enough merit to go before a jury. Should he grant Live Nation’s motion, the government’s attempt at breaking up the Live Nation-Ticketmaster conglomerate effectively ends. But should he deny the motion, the subsequent trial could fundamentally change the way artists tour and fans buy tickets.