A federal judge has denied Live Nation's motion to dismiss the antitrust lawsuit filed by the Justice Department and 30 state attorneys general, allowing the case to proceed forward.

Photo Credit: Taylor Swift by Paolo Villanueva / CC by 2.0

US District Judge Arun Subramanian found sufficient evidence for claims of "tying" - where Live Nation allegedly requires artists to use their concert-promotion services to access Live Nation-operated venues. The company controls approximately 80% of primary ticketing at major concert venues and 70% of large amphitheater productions.

The Justice Department's lawsuit alleges that Live Nation's policies prevent artists from working with competing promoters if they want to perform at Live Nation venues. While the company argued that artists can work with rival promoters who rent venues on their behalf, Judge Subramanian stated these allegations demonstrate coercion of artists rather than simply a refusal to deal with rival promoters.

The judge noted that if evidence shows promoters book venues on behalf of specific artists, artists drive venue selection decisions, and artists are coerced into using Live Nation as their promoter to access Live Nation amphitheaters, prosecutors may have a viable tying claim. This refutes Live Nation's argument that artists aren't directly purchasing both products since they hire promoters who then rent amphitheaters.

Live Nation has established itself as the largest promoter of national amphitheater tours, maintaining dominant market position in both venue control and ticketing services. The continuation of this antitrust case could have significant implications for the live entertainment industry's competitive landscape.

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