Live Nation Loses Effort to Dismiss DOJ Antitrust Suit

Live Nation lost its effort to dismiss the antitrust suit brought about by the Department of Justice after a federal judge signed off that certain portions would head to trial next month.

In the 44-page opinion issued Tuesday and obtained by TheWrap, U.S. District Judge Arun Subramanian of the Southern District of New York granted some parts of Live Nation’s motion for summary judgment, but denied others – clearing the way for trial on three major sets of claims.

The case was brought by the DOJ, 39 states and the District of Columbia, alleging that Live Nation unlawfully maintains a monopoly across the live music industry. Surviving claims include federal and state allegations that Live Nation manipulates large amphitheaters; that Ticketmaster monopolized the market for ticketing services; and various state-law antitrust claims.

At the same time, the court dismissed several artist-facing monopolization claims, ruling that the government failed to establish a legally viable market for promotion services tied to major concert venues. The judge said the proposed market was improperly defined and not supported by sufficient economic evidence.

“Market definition is the cornerstone of a monopolization claim,” Subramanian wrote, finding that the government’s evidence did not show that promotion services for large venues were meaningfully distinct from promotion services more broadly.

The ruling narrowed – but did not fully put a stop to – one of the most significant antitrust cases brought against Live Nation since its controversial 2010 merger with Ticketmaster, which was approved under conditions that restricted retaliation against competing ticketing firms.

The government alleges that Live Nation’s vertically integrated structure — spanning artist promotion, venue ownership and ticketing — allowed it to stifle competition by steering artists and venues toward its own services and punishing anyone seeking alternatives. Live Nation denies the allegations, arguing that competition remains robust.

One of the most consequential aspects of the decision is the court’s treatment of large outdoor amphitheaters. Unlike the broader “major concert venue” category rejected by the court, Judge Subramanian found that there was sufficient evidence for a jury to consider whether large amphitheaters constitute a distinct antitrust market.

The opinion cited testimony and internal documents suggesting that many artists strongly prefer amphitheaters because of their outdoor setting, production design and seasonal touring – even if playing them isn’t as lucrative. That evidence, the judge said, could support a finding that demand for those venues is relatively inelastic, giving Live Nation a market advantage.

If the government proves that market at trial, Live Nation could be found to control roughly 80% of it, according to figures cited in the ruling.

The case will now move toward trial on the remaining claims, setting the stage for a closely watched confrontation over Live Nation’s dominance in the live entertainment business.

The post Live Nation Loses Effort to Dismiss DOJ Antitrust Suit appeared first on TheWrap.