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Judge Narrows DOJ Live Nation Case, Sends Ticketmaster and Amphitheater Claims to Trial

The narrowed case preserves the government’s ticketing and amphitheater theories, with Live Nation arguing the dismissals erase any breakup rationale.

Overview

  • U.S. District Judge Arun Subramanian allowed claims on Ticketmaster’s venue-facing ticketing power and Live Nation’s conduct tied to large outdoor amphitheaters to proceed, while dismissing promotion and booking monopolization claims.
  • The opinion cited evidence that more than 70% of Ticketmaster contracts include exclusivity and that the company accounts for up to 86% of tickets sold, which the court said could foreclose over half the market if proven.
  • Subramanian wrote that a reasonable jury could find artists were coerced into choosing Live Nation as promoter to gain access to its amphitheaters.
  • If the government proves a distinct large‑amphitheater market at trial, Live Nation could be found to control roughly 80% of that market, according to figures referenced in the ruling.
  • The case, brought by the DOJ with 39 states and the District of Columbia, is set for jury selection in New York federal court on March 2, and Live Nation says the ruling leaves no basis for a breakup.