Live Nation's Bid to Dismiss Antitrust Case Denied by Judge

A federal judge in New York denied Live Nation Entertainment’s effort to dismiss the U.S. Department of Justice antitrust case that seeks to break apart Ticketmaster, moving the closely watched suit another step closer to trial.

U.S. District Judge Arun Subramaian informed both the DOJ and Live Nation in a hearing Thursday that he would not grant the company’s motion to dismiss. While the judge did not share his full reasoning at the hearing, he said a written order would be released later Thursday or Friday.

“The pending motion to dismiss will be denied,” Subramaian said, according to a transcript of the hearing. The session was called to address DOJ concerns over Live Nation’s document production schedule.

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The government’s lawsuit, filed last year alongside more than 30 states, alleges that Live Nation illegally monopolized the live events industry following its merger with Ticketmaster more than 15 years ago. According to the suit, the company controls more than 265 concert venues across North America, manages over 400 musical artists, and handles ticketing at 80% or more of major concert venues. The DOJ is seeking to unwind the 2010 merger.

Live Nation has denied any wrongdoing and asked the court to throw out the case, arguing it has no obligation to provide access to its own venues for competing ticketing platforms. Such motions to dismiss are common in antitrust litigation, though they rarely succeed when the suit is brought by the government.

The Live Nation case is one of several major monopolization lawsuits that the DOJ is currently pursuing, including actions against Google, Apple, and Visa. With the motion to dismiss denied, Live Nation will next face the discovery and trial phases of the case, though no trial date has been announced.

The lawsuit is titled U.S. v. Live Nation Entertainment Inc., 24-cv-03973, in the U.S. District Court for the Southern District of New York.