Live Nation Challenges Illegal Monopoly Verdict
Live Nation Entertainment and Ticketmaster have officially filed motions to vacate the jury verdict in their recent antitrust case. The companies argue that the ruling is against the clear weight of the evidence and was significantly tainted by prejudicial errors throughout the trial.
The legal filings, submitted on May 21 in the U.S. District Court for the Southern District of New York, include a motion for a new trial under Rule 59 and a request for judgment as a matter of law under Rule 50(b). These actions coincide with a proposal from a coalition of 33 states and the District of Columbia, which seeks remedies including the full divestiture of Ticketmaster.
The April 15 verdict concluded that the companies had engaged in the illegal monopolization of primary ticketing at major U.S. venues, allegedly resulting in overcharges of $1.72 per ticket for consumers. The defense team, led by firms Latham & Watkins and Cravath, Swaine & Moore, contends that the plaintiffs failed to adequately prove essential elements of the case, such as the definition of relevant markets and the existence of anticompetitive effects.
Live Nation asserts that the plaintiffs shifted their focus toward consumer harm only after failing to provide sufficient evidence regarding negative impacts on venues and artists. Furthermore, the defense criticized the court’s admission of what they described as irrelevant material—including European business practices, historical conduct from decades ago, and anecdotal complaints regarding parking and venue amenities—arguing that such information improperly influenced the jury.
The motions also challenge the jury instructions regarding anticompetitive effects and the tying claim, citing established Supreme Court precedents such as Ohio v. American Express, NCAA v. Alston, and Jefferson Parish. Additionally, the defense disputes the validity of hearsay testimony from competitors and the expert analysis provided by Dr. Rosa Abrantes-Metz.
The case remains under the oversight of Judge Arun Subramanian. While the Department of Justice reached a settlement with Live Nation in March that would allow the company to retain Ticketmaster, the majority of states involved in the litigation rejected the deal, opting to proceed with the trial. As the court weighs the potential for a breakup, limited remedies, or behavioral mandates, these latest motions represent a strategic effort to reverse the verdict or at least delay any final outcome.
Meanwhile, the international scrutiny surrounding the company continues to grow, with the UK House of Commons Business and Trade Committee recently urging a full market investigation into Live Nation’s dominance within the British live music sector.
