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Live Nation Tries to Move Antitrust Lawsuit to Washington
August14
The US Department of Justice (DoJ) has formally opposed Live Nation's attempt to relocate a lawsuit
The US Department of Justice (DoJ) has formally opposed Live Nation`s attempt to relocate a lawsuit filed against the entertainment giant from New York to Washington, DC.
Live Nation`s request hinges on the argument that the lawsuit is connected to a 2010 consent decree, which is under the jurisdiction of DC courts. However, the DoJ contends that this is not relevant to the current case.
The lawsuit, filed by the DoJ, accuses Live Nation of engaging in anticompetitive practices and seeks to unwind the 2010 merger between Live Nation and Ticketmaster. The consent decree, established at the time of the merger, was designed to address competition concerns by regulating Live Nation`s conduct. Live Nation argues that the new lawsuit is essentially an attempt to modify or enforce this existing agreement, and therefore, the case should be heard in Washington, DC, where the decree is overseen.
In its response, the DoJ asserts that the lawsuit is not about enforcing or modifying the consent decree, but rather about addressing broader violations of US competition law, particularly the Sherman Act. The government claims that Live Nation`s anticompetitive behavior extends far beyond the scope of the 2010 agreement.
The DoJ details several examples of Live Nation`s alleged anticompetitive conduct, including the acquisition of rival companies in ticketing, promotion, and festivals; manipulating secondary ticketing markets; making agreements not to compete; accessing competitors` data; and establishing long-term exclusive agreements. These actions, the DoJ argues, constitute direct violations of competition law.
The DoJ also presents logistical reasons for keeping the case in New York, emphasizing the city`s significance in the live music industry. The filing notes that New York is home to two of Ticketmaster`s few competitors, multiple relevant venues, witnesses, and Live Nation`s largest office outside of California.
Live Nation denies all allegations of misconduct and continues to push for the case to be transferred to Washington, DC. However, the DoJ remains confident that the lawsuit should proceed in New York, citing the city`s central role in the live music sector and the strength of their arguments.
Judges in New York have previously shown skepticism towards moving the case, though Live Nation`s formal request is still pending. The DoJ believes the case for keeping the lawsuit in New York is compelling and well-supported.
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