Live Nation case heads to jury
The Live Nation monopoly trial over Ticketmaster has gone to the jury after closing arguments at the end of a multi‑week trial. Jurors will now consider the evidence and decide the outcome of the case. (bigtechontrial.com)
A Manhattan federal jury began deliberating on April 10 in the antitrust case over whether Live Nation and Ticketmaster illegally dominate concert promotion, venues and ticketing. (abcnews.go.com) The case went to jurors after closing arguments on April 9, ending a five-week trial before Judge Arun Subramanian in New York. The remaining plaintiffs are 33 states and the District of Columbia, after the United States Department of Justice settled its part of the case in March. (abcnews.go.com) (billboard.com) State lawyers told jurors that Live Nation controls 86 percent of the concert market and 73 percent of the broader live-events market when sports are included. Live Nation’s lawyer, David Marriott, said those market definitions were “gerrymandered” and argued that being the biggest company is not itself illegal. (abcnews.go.com) (billboard.com) At the center of the case is the 2010 merger that put Ticketmaster, the ticket seller, inside Live Nation, the concert promoter and venue operator. The states want a breakup that would separate Ticketmaster again, while Live Nation says the business wins because artists, venues and fans choose it. (billboard.com 1) (billboard.com 2) Judge Subramanian had already narrowed the case before trial. In a February 18 ruling, he let claims over exclusive ticketing contracts and alleged coercion tied to amphitheaters go to a jury, while dismissing other monopoly claims about fan-facing markets and some booking services theories. (billboard.com) The states say Live Nation used long exclusive venue contracts and pressure tactics to keep rivals from growing. One witness, former Barclays Center chief executive John Abbamondi, testified that Chief Executive Michael Rapino threatened to move concerts if the arena switched from Ticketmaster to SeatGeek; Rapino denied making threats. (billboard.com) Live Nation’s defense is that the live-music business is more competitive than ever and that rivals have real options to win venues and tours. Its lawyers told jurors the plaintiffs failed to show unlawful conduct, and that any dominance reflects scale and execution rather than monopoly abuse. (abcnews.go.com) The federal government’s March settlement changed the shape of the trial without ending it. Billboard reported that the deal would force Live Nation to open some Ticketmaster back-end technology to rivals, limit certain exclusive deals and let rival promoters book Live Nation amphitheaters, but it would not require divesting Ticketmaster; New York and other states said that was not enough. (billboard.com) Jurors asked to review testimony soon after deliberations began on April 10, according to The Associated Press. Their verdict will decide whether the states proved, by a preponderance of the evidence, that Live Nation and Ticketmaster broke antitrust law. (abcnews.go.com 1) (abcnews.go.com 2)
