Live Nation Seeks Delay of Federal Antitrust Trial as Appeals Fight Looms
With jury selection scheduled to begin on March 2, Live Nation and Ticketmaster have asked a federal judge to postpone their antitrust trial, arguing that two recent legal rulings could significantly reshape the scope of the case.
In a motion filed Sunday in U.S. District Court, the companies requested permission to pursue an interlocutory appeal, a procedural move that would allow an appellate court to weigh in on specific legal questions before the trial proceeds. The filing contends that proceeding with what it describes as a “complex, month-long case” may prove unnecessary if the appeals court disagrees with the district court’s interpretation of key legal standards.
The case, brought by the U.S. Department of Justice in 2024, seeks to break up Live Nation and its ticketing subsidiary Ticketmaster, alleging monopolistic practices in the live entertainment and ticketing markets. The trial is expected to examine whether the companies have unlawfully maintained market dominance through exclusionary conduct.
The latest motion centers on two rulings issued last week by Judge Arun Subramanian. First, the court determined that the DOJ does not need to present evidence of actual price discrimination to support its claims regarding alleged targeted customer markets in its monopolization case. Second, the judge ruled that plaintiffs could proceed with a tying claim, alleging that Live Nation conditioned access to certain services on the use of others, without defining a separate market for the “tied” product.
Live Nation and Ticketmaster argue that both determinations raise significant legal questions. If reversed, they contend, the changes could materially affect the structure and breadth of the trial. The companies have asked the court to stay proceedings pending the outcome of the appeal.
Interlocutory appeals are granted sparingly, typically when a legal issue may substantially impact the litigation’s direction. The companies maintain that clarity on these two points would avoid unnecessary litigation and streamline the proceedings.
Last week, Judge Subramanian trimmed parts of the government’s complaint but allowed core elements to move forward. That ruling paved the way for trial, which could have lasting implications for how ticketing and live event promotion operate in the United States.
In response to the decision, Dan Wall, executive vice president of corporate and regulatory affairs for Live Nation, published a blog post criticizing the government’s case and urging a settlement. The post argued that the DOJ lacks evidence that the company’s structure has caused higher ticket prices and described the prospect of a court-ordered breakup as implausible. The post was later removed from the company’s website.
The antitrust battle unfolds as Live Nation reports strong financial performance. In its latest earnings announcement, the company posted record annual results, citing increased global ticket sales and sustained demand for live events. The government, however, argues that the company’s scale and vertical integration, combining promotion, venue ownership, and ticketing, give it undue leverage over artists and venues.
The district court has not yet ruled on the request to delay the trial.
