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In DOJ Live Nation Antitrust Suit Questions of Tying SeatGeek and If DC Is Effective Enforcer

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 22 – In the lawsuit by the US Department of Justice and 30 states against Live Nation Entertainment and Ticketmaster, on July 29 U.S. District Court for the Southern District of New York Judge Arun Subramanian held a conference on the proposed protective order, and discovery timelines. Inner City Press live tweeted it, thread.

On January 22, 2025 there were oral arguments on Live Nation's motion to dismiss the tying claim, from the thread:

DOJ lawyer: Force Live Nation to deal with its competitor. Or force them to divest Live Nation-owned amphitheaters.

Judge Subramanian: Is disaggregation possible?

DOJ: Greek Theater [LA] and Red Rocks [Colorado] do that. It can be done.

Judge Subramanian: OK, I want each side to send me a letter about the tying claim, on the facts. Now the antitrust standing issue. Who'll speak for plaintiffs?

DOJ: My colleague from DC.

Judge Subramanian: One more question: is this a per-se claim? DOJ lawyer: Yes.

DC OAG's Office: And we are efficient enforcers, we meet the test. We have pled they maintain a monopoly in the fan-facing ticket market

Judge: OK, I'll await those letters. Adjourned.

The case is United States of America et al v. Live Nation Entertainment, Inc. et al., 24-cv-3973 (Subramanian)

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