Live Nation antitrust trial nears end as lawyer for 34 states labels the concerts giant a monopolist

NEW YORK (AP) — A lawyer from 34 states suing Live Nation Entertainment tried to persuade a jury Thursday. an antitrust lawsuit Closing argument from the company and its ticketing arm Ticketmaster monopolize the industry and increases concert prices.

But a lawyer for Live Nation insisted in Manhattan federal court that there is more competition than ever and that the company is being fair in its booming concert business across America.

Attorney David Marriott said the states failed to prove Live Nation was acting as a monopolist.

“They can’t and they didn’t,” he said.

The federal government led the civil damages lawsuit. solved the case He announced the 2024 release a few weeks ago, saying he had won significant ticket sales concessions from Live Nation, particularly at the company’s dozens of amphitheatres. The settlement delayed the case by a week while the states engaged in mostly unsuccessful negotiations with Live Nation.

After closing arguments were completed, jurors were given instructions on the law by Judge Arun Subramanian. They were expected to begin talks late Thursday or Friday.

In closing arguments, attorney Jeffrey Kessler argued on behalf of the states that the evidence showed the companies “violated antitrust laws and it is time to hold them accountable.”

He reminded jurors that because this is a civil case, the states only need to prove by a preponderance of the evidence (more than 50%) that Live Nation and Ticketmaster exercised illegal monopoly power.

Kessler called the company a “monopolistic tyrant” and said the company resorted to practices that “continue to dig moats around the monopoly fortress to maintain their position in the market.”

He said the fact that Live Nation controls 86% of the concert market and 73% of the overall market when sporting events are included shows that it has monopoly power.

Marriott countered that Live Nation and Ticketmaster were simply reaping the rewards of decades of hard work creating the best products in the industry.

“We are the largest entertainment company and ticket seller in the country. We do not hide this fact,” he said. “We are big. This is not against the laws in the United States. Success is not against the antitrust laws in the United States.”

Marriott also said the company was trying to “edge out and outcompete” its rivals and that the jury should not punish the company because the states showed some communications in which employees who were “fierce rivals” talked about crushing the competition.

He defended the company’s decision not to immediately fire an employee who accepted He said from the witness stand that he wrote a series of messages from late 2021 to early 2023 in which he mocked customers as “so stupid” and said the company was “robbed them blind, baby.”

“People say stupid things sometimes,” Marriott said, noting the comments were made about lawn chair and parking prices. “We don’t condone that. But at the same time, we don’t undermine someone who made a mistake years ago.”

Meanwhile, he said venues and artists are doing better than ever and fans are benefiting from a strong and thriving entertainment industry.

“Our job is to help venues and artists make money. We don’t make excuses for that,” Marriott said.