The big Live Nation antitrust trial is getting underway in New York today after final attempts by the live giant to kill, pause and/or reorganise the proceedings failed. Among those set to appear during the court battle are Kid Rock, Mumford & Sons’ Ben Lovett, and, of course, Live Nation supremo Michael Rapino.
A jury is in place and it’s time to see if the US Department Of Justice, and 40 state-level attorneys general, can convince the jurors that Live Nation and its Ticketmaster subsidiary routinely breach competition laws by unfairly exploiting their dominance in shows, venues and ticketing.
On the eve of the trial, one of those attorneys general, California’s Rob Bonta, put out a statement insisting that the case against Live Nation is both strong and straightforward.
The live giant, he insists, “has manipulated the market and made itself untouchable by any competitor - not because it is better, but because it has created a monopoly”. That, he continues, is “illegal, plain and simple” and “artists, their fans, and the live venues that support them, are hurting as a result”.
The outcome of this market manipulation, Bonta adds, is “bad service, bad experiences and higher ticket prices, all while Live Nation rakes in the cash”. With that in mind, “we look forward to proving our case and holding Live Nation accountable”.
Ever since the DoJ and state-level attorneys filed their lawsuit in 2024, Live Nation itself has been adamant that its conduct is entirely lawful and the legal arguments being made against it are weak. Although it has also been very keen to stop the case getting to trial, with its lawyers trying to persuade the judge to dismiss the litigation, and its lobbyists trying to pressure the DoJ at least to settle out of court.
That may be because Live Nation’s lawyers aren’t quite as confident they’ll prevail in court as the company’s bombastic press release and blog posts have suggested. Although the company is probably also aware that - even if the jury ultimately decides its conduct isn't unlawful - aspects of its operations could still be seen as controversial by artists and fans.
Because, whatever happens, the trial will shine a spotlight on the live music business in general, and Live Nation’s operations in particular.
Live Nation CEO Michael Rapino is due to testify, as is Irving Azoff, the veteran artist manager who - in his former role as Ticketmaster CEO - played a key role in the 2010 merger that made Live Nation and Ticketmaster one business. One proposed remedy in the US government's antitrust lawsuit is to reverse that merger.
Artists likely to take to the stand include Kid Rock and Mumford & Sons keyboardist Ben Lovett. According to court papers, Kid Rock will discuss “competitive conditions for concert promotions and primary ticketing” including the impact of Live Nation’s actions “on artists and fans”.
Meanwhile Lovett - who also is involved in running venues - is likely to address “artist preferences and competitive dynamics associated with the promotions and amphitheaters markets”.
Before jury selection got underway yesterday, the judge overseeing the case, Arun Subramanian, had to rule on various motions filed by Live Nation in the run up to the trial. Last month Subramanian dismissed some of the claims made against Live Nation but allowed others to proceed.
The live giant’s lawyers wanted to appeal the bit of that ruling that went against the company, and to pause the trial while that happened. Subramanian declined to allow either of those things to happen.
Live Nation also proposed at the last minute that the state-level claims against the company should be considered first and then the DoJ’s claims later, rather than everything being fought out in court at the same time.
That’s possibly because Live Nation still hopes that it might be able to get an out-of-court settlement with the DoJ, although the official reason for making that last minute request was that the lawyers had identified extra complications during final preparations for trial.
That request was denied too, because, Subramanian said, “Live Nation has known that numerous federal and state claims, including for damages, have been at issue in this case since its inception”.
It remains to be seen how Live Nation’s case stands up to the legal arguments against it, and whether we get any useful insights or entertaining revelations as the live giant’s business gets picked apart in court.