Judge ‘Not Inclined’ To Delay Live Nation Trial

The federal judge presiding over the trial that could break-up Live Nation and Ticketmaster said he’s “not inclined” to delay the case further.

In the final pre-trial conference Feb. 25, U.S. District Court Judge Arun Subramanian said he was likely to deny the motion Live Nation filed Feb. 22 asking for a delay in the trial while the company filed an appeal with the Second Circuit.

Jury selection is scheduled for March 2 with opening statements the following day.

Late Sunday, lawyers for the live giant asked Subramanian for leave to appeal to the Second Circuit his decision to send to trial allegations that Live Nation exercises monopoly power over ticketing at major concert venues and that it illegally tied amphitheater usage to its promotion services. Subramanian already dismissed charges brought by the Department of Justice that Live Nation monopolizes concert promotion and booking services at major venues. In that decision, Subramanian also rejected Live Nation’s argument that the nearly 40 state-level plaintiffs could sue on behalf of their citizens.

In the Sunday motion, Live Nation argues there are substantial questions of law in Subramanian’s ruling that should be reviewed by the appeals court. Attorneys for the company say that the judge erred, citing incorrect case law in coming to his decision and that a ruling that goes in their favor “dramatically change” the nature of the looming trial. The Department of Justice responded that the move by Live Nation was “desperate” and the motion “ignores the harm” of delay, including travel and scheduling plans by witnesses and “ongoing competitive harm.”