Live Nation Seeks to Move DOJ Antitrust Case to Washington, D.C.

Live Nation Entertainment Inc. is pushing for the Justice Department’s antitrust lawsuit, which seeks to dismantle its merger with Ticketmaster, to be transferred from New York federal court to Washington, DC. The company argues that the District of Columbia is the appropriate venue to address issues related to a 2010 consent decree that permitted the merger under specific conditions.

In a brief submitted late July 19, Live Nation characterized the DOJ’s lawsuit in the Southern District of New York as a “naked attempt” to undermine the consent decree. The decree, established in the US District Court for the District of Columbia, explicitly designates that court as the proper forum for any modifications or assessments related to it. Live Nation insists that the D.C. court must evaluate both the decree and the DOJ’s new allegations of monopolistic practices by Live Nation and Ticketmaster.

“There is a clear interconnection between plaintiffs’ allegations that these practices harm competition and the question of whether the decree succeeded or failed to do what DOJ earlier said it would—i.e., protect competition in the live events industry,” Live Nation stated in their brief, according to Bloomberg.

Related: Live Nation Seeks Dismissal of DOJ Antitrust Allegations

The Justice Department, along with nearly 30 states, filed a lawsuit in May accusing Live Nation and Ticketmaster of creating an illegal monopoly that stifles competition in the live events industry, forcing consumers to pay higher fees due to limited alternatives. The DOJ contends that the original consent decree, which required the divestment of certain ticketing assets as a condition of the merger, addressed a different set of claims than those currently at issue. The department argues that the decree “failed to restrain Live Nation and Ticketmaster from violating other antitrust laws in increasingly serious ways.”

According to the Justice Department, Live Nation controls over 265 concert venues in North America and generates more than $22 billion annually from concerts, ticketing, and sponsorship and advertising.

Live Nation and Ticketmaster have dismissed the DOJ’s allegations as “baseless.” In their recent brief, they argue that the DOJ’s complaint is filled with assertions about harms allegedly enabled by the merger and the decree.

Source: Bloomberg