Judge Rejects Live Nation Antitrust Dismissal Bid, Teeing Up Trial

Barring a settlement, the government’s antitrust case against Live Nation will proceed to trial next month, as a federal judge refused a wholesale dismissal of the case in a ruling released Wednesday.

U.S. District Court Judge Arun Subramanian ruled that the live entertainment giant must face charges related to tying claims in its amphitheater and concert promotion business and that it has unfairly monopolized ticketing at major concert venues. In addition, Subramanian said the 40 state plaintiffs can seek damages for fans under the parens patriae doctrine.

Claims that Live Nation monopolized concert promotion and major venue booking were dismissed and will not be argued at trial. Jury selection is scheduled to begin March 2 in Manhattan.

“There is a genuine dispute of material fact as to whether Live Nation has used monopoly power to foreclose competition,” Subramanian wrote in his 44-page decision.

Dan Wall, Live Nation’s Executive Vice President Corporate & Regulatory Affairs, struck a sanguine tone in the wake of the judge’s decision.

“We are grateful that the district court dismissed all claims in the concert promotions and concert booking markets.  With those claims gone, we see no possible basis for breaking up Live Nation and Ticketmaster,” he said.  “We look forward to addressing the remaining claims at trial. The deficiencies we identified in the Government’s monopoly power and conduct claims have not gone away, and we continue to believe that we will prevail in the end. “

In its motion seeking dismissal, Live Nation argued there was no proof that its actions harmed consumer welfare — a key component of U.S. antitrust law — and argued against the states’ ability to sue on behalf of private citizens.

Live Nation’s stock price fell in after-hours trading on the news. The company is set to report Q4 and full-year earnings Thursday.