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Judge Rules Live Nation Not A Monopoly
With the court win, it’s expected the rest of the class action complaints on that particular docket will be quickly wrapped up in Live Nation’s favor.
In a 63-page decision, U.S. District Court Judge Steven Wilson ruled that Live Nation does not have a monopoly on the concert business, and rejected “expert” testimony as “hopelessly flawed.” Wilson said the grounds for granting the summary judgment would be applied to the other 20 suits in the consolidated case.
The original suit in the case was filed by Malinda Heerwagen against Clear Channel Entertainment in the Southern New York district court in June 2002. The suit was later withdrawn when a judge ruled that markets must be defined regionally, rather than nationally. But that wasn’t the end of the action – suits were subsequently filed in 22 regional districts and ultimately consolidated into one case.
Wilson ruled only on the cases applying to two markets: Los Angeles and Denver. However, the underlying reasoning for granting the summary judgment will apply to the remaining individual cases.
Plaintiffs failed to identify the “relevant market” critical to claims for class action status, according to the ruling, and “expert witness” Dr. Owen Phillips was essentially unqualified to testify on the concert market, which effectively eliminated his testimony.
“We are extremely pleased with the judge’s ruling in these cases, which validates our long-standing belief that they are without merit,” said Live Nation Entertainment CEO Michael Rapino.
“We’ve spent a considerable amount of time and money to prove that we’re right in this litigation. We refused to be held hostage by frivolous class action lawsuits, and now we’ve been vindicated. At this point, we’re looking forward to putting these lawsuits behind us and continuing to focus on innovating the live music experience for artists and fans.”