Live Nation antitrust trial nears verdict after closing arguments

A New York federal jury heard closing arguments on April 9 in the Live Nation antitrust trial, with deliberations set to begin on April 10. The case, brought by 33 states and the District of Columbia after a U.S. Department of Justice settlement, focuses on whether Live Nation violated antitrust laws through exclusive practices. The states seek divestiture of Ticketmaster, while Live Nation defends itself as a fair competitor.

The trial, which lasted more than a month, stems from allegations that Live Nation wields monopoly power in live music through its control of venues, artist promotion, and Ticketmaster ticketing. States' attorney Jeffrey Kessler argued that Live Nation acts as a “monopolistic bully,” claiming it controls 86% of major concert venues. He likened this dominance to “digging the moat around the monopoly castle.” Live Nation attorney David Marriott rebutted that the company is a “fierce competitor” with no evidence of wrongdoing, calling the 86% figure misleading as it excludes stadiums. “This is a gerrymandered market made up for purposes of this litigation,” Marriott said, according to the New York Times. Key witnesses included former Barclays Center CEO John Abbamondi, who alleged threats from Live Nation CEO Michael Rapino to divert concerts over a rival ticketing deal; Rapino denied the claims. Others testifying were AEG Presents CEO Jay Marciano, Live Nation's Omar Al-joulani, and Drake manager Adel Nur, along with experts. The jury will decide on two practices: requiring artists to use Live Nation promotion for its amphitheaters and threatening to withhold promoted concerts from venues without exclusive Ticketmaster deals. A guilty finding could lead to damages and structural relief, such as a breakup, decided by Judge Arun Subramanian. Live Nation already settled with the DOJ, agreeing to open technology to rivals, allow competing promoters, offer non-exclusive ticketing, and create a $280 million fund for states.

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