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Live Nation is looking to postpone its impending antitrust trial against the Department of Justice, according to documents the company filed Sunday. The ticket giant argues that the trial should not begin until its appeals of the February 18 ruling to continue the trial are resolved.
Live Nation filed for an interlocutory appeal on Sunday to overturn some of the initial rulings from last week’s hearing, which the company says would “significantly change and significantly narrow the scope of the upcoming jury trial.”
Specifically, Live Nation is appealing the court’s ruling that the Department of Justice and state plaintiffs “do not need proof of actual price discrimination to prove the target customer markets alleged in this actual monopoly case.” The company also seeks to address the issue that plaintiffs “can proceed with a tie-in claim without a properly defined market for tie-ins.”
project.”
“If either or both of the legal issues are otherwise determined, the nature and scope of the matter
Of the three sets of claims identified by this Court, the upcoming trial will change radically
“By proceeding to trial after summary judgment, the first two will be effectively eliminated,” he told Live Nation. “A court should not seat a jury to try a complex, month-long case when that trial (at least as…
currently envisaged) may be completely unnecessary.
Live Nation concluded that the court should “stay proceedings in this matter pending the determination of the appeal.”
Live Nation’s motion comes just over a week before the trial begins on March 2. Last week, the court denied Live Nation’s request to dismiss the case altogether, though Live Nation was able to narrow the scope of the case as Judge Arun Subramanian decided to reject some claims that Live Nation has a monopoly on promotions and bookings.
The Justice Department first filed its long-awaited suit against Live Nation in 2024, calling for the breakup of the concert promotion giant of the same name and Ticketmaster, the industry’s largest primary ticket provider, which would undo a merger that the Justice Department itself authorized more than a decade ago. The Justice Department argued that Live Nation was using its vertically integrated businesses to crush competitors, and also claimed that rival venue management company Oak View Group helped force venues to sign deals with Ticketmaster. Live Nation has consistently denied the allegations.
The status of the case has been the subject of important industry conversations in recent weeks after Assistant Attorney General Jill Slater resigned from her position earlier this month following reports that Live Nation was negotiating settlement talks with other political allies of Trump. Slater tweeted a congratulatory message to the Justice Department last week after the court ruling kept the case alive.
This proposal could also help Live Nation buy more time if it is still looking to reach a settlement. Even if the federal case ends up settling, the company will still have to fight the case from individual states. Currently, the federal lawsuit remains on the docket to go to trial.
