DOJ Pushes Back On Live Nation’s Venue Change Proposal

The Department of Justice says its antitrust suit against Live Nation Entertainment should remain in New York City.

In July, Live Nation asked U.S. District Judge Arun Subramanian to allow the case to move from his Southern District of New York court to the District Court for the District of Columbia.

The D.C. district, LN’s attorneys argue, has jurisdiction under the consent decree in effect since Live Nation and Ticketmaster merged in 2010.

“This lawsuit seeks a profound modification of the decree: unwinding the merger that it expressly allowed,” the motion filed July 19 says. “Plaintiffs, most of whom are parties to the decree, ask the Court to do so based on allegations of misconduct that in some respects are squarely regulated by the decree.”

The plaintiffs, however, contend that the scope of the case extends so far beyond the consent decree that a venue change would be inappropriate.

In addition, the DOJ and the states argue, because two rival ticketing companies — StubHub and SeatGeek — are headquartered in New York and numerous non-party witnesses are located in the city, for reasons of convenience, the change is unnecessary.

“This case belongs in New York, a city that has long been a hub in the live music industry for artists, fans and industry participants,” the motion reads, in part. “New York is home to two of Ticketmaster’s few competitors, twenty-plus entities from the parties’ initial disclosures, numerous amphitheaters and arenas, material non-party and party witnesses, and defendants’ largest office outside of California.”

During earlier stages of the case management process, Subramanian said he was inclined to keep the case in his court.