Live Nation, Ticketmaster Want Justice Department Antitrust Case Moved to D.C.

Live Nation Entertainment Inc. wants the Justice Department’s antitrust case, which seeks to reverse its merger with ticketing giant Ticketmaster, to be moved from a federal court in New York to Washington

The Justice Department’s lawsuit in the U.S. District Court for the Southern District of New York is a “brazen attempt” to weaken a 2010 settlement agreement that allowed Live Nation to merge with Ticketmaster under certain conditions, it said in a letter filed late July 19.

That decree, entered in the U.S. District Court for the District of Columbia, designated that court as the forum for any attempt to modify it. As such, a federal court in the District of Columbia must be the one to evaluate the agreement and the Justice Department’s new allegations of monopolistic practices by Live Nation and Ticketmaster, they argued.

“There is a clear nexus between plaintiffs’ claims that these practices harm competition and the issue of whether or not the consent decree has achieved its intended purpose, as previously stated by the Department of Justice, of protecting competition in the live events industry,” they said.

In May, the Justice Department and nearly 30 states sued Live Nation and Ticketmaster, alleging the companies created an illegal monopoly that limited competition in the live events industry and forced consumers to pay higher fees due to a lack of choice.

The Justice Department said in its complaint that the original consent decree, which conditioned the merger on the divestiture of certain ticketing assets, addressed “a claim distinct from those at issue in this case.” The department argued that the consent decree “did not deter Live Nation and Ticketmaster from violating other antitrust laws in an increasingly serious manner.”

According to the Department of Justice, Live Nation controls more than 265 concert venues in North America and generates more than $22 billion in annual revenue worldwide from concerts, ticket sales, sponsorships and advertising.

Live Nation and Ticketmaster called the DOJ’s claims “meritorious.” In a brief Friday, they argued that the DOJ’s complaint is “rife” with claims of alleged harm “that the merger (and consent decree) made possible.”

Live Nation and Ticketmaster are represented by Latham & Watkins and Cravath Swaine & Moore.

The case is United States v. Live Nation Ent., SDNY, 1:24-cv-03973, July 19, 2024.