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Antitrust Trial of Live Nation Entertainment Enters Final Stages

New York (AP) — A lawyer for 34 states suing Live Nation Entertainment presented closing arguments Thursday in the antitrust trial, arguing that the company and its ticketing arm, Ticketmaster, are monopolizing the industry and driving up concert prices. However, a lawyer for Live Nation insisted that there is more competition than ever and the company plays fair amid a booming concert business across America.

The states, led by attorney David Marriott, failed to prove that Live Nation had acted as a monopolist, Marriott argued. He stated that the evidence presented by the states did not meet the necessary standards to prove that the company had illegally wielded monopoly power.

The federal government had previously led the civil claims case, but it settled the lawsuit in 2024, saying it had won important concessions from Live Nation, particularly in the sale of tickets at dozens of the company's amphitheaters.

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The trial has been ongoing since the federal government's settlement, with the states conducting mostly unsuccessful negotiations with Live Nation. After closing arguments concluded, jurors were instructed on the law by Judge Arun Subramanian. They are expected to start deliberations late Thursday or Friday.

Attorney Jeffrey Kessler argued on behalf of the states that evidence has shown that the companies "violated antitrust laws and it is time to hold them accountable." He reminded jurors that since it was a civil trial, they only needed to find that the states had proven by a preponderance of the evidence - more than 50% - that Live Nation and Ticketmaster illegally wielded monopoly power.

Market ShareConcertsSports Events
Live Nation86%73%
Competition14%27%

Kessler labeled the company a "monopolistic bully" and said it had employed practices that "kept digging the moat around the monopoly castle in order to protect their market position." He pointed to Live Nation's control of 86% of the market for concerts and 73% of the overall market when sports events are included, as evidence of its monopoly power.

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However, Live Nation's lawyer Marriott countered that the company and Ticketmaster were merely reaping the fruits of decades of hard work that created the best products in the industry. He stated that the company tries to "outflank and outcompete" its competitors and that the jury should not punish the company because the states had shown some communications in which employees who are "fierce competitors" talk about crushing the competition.

Marriott defended the company's decision not to immediately fire an employee who acknowledged from the witness stand that he had written a series of messages from late 2021 through early 2023 in which he mocked customers as "so stupid" and said the company was "robbing them blind, baby." He stated that the comments were made about the price of lawn chairs and parking and that the company does not condone such behavior, but also does not automatically fire employees for making mistakes.

Marriott also stated that venues and artists are doing better than ever and fans are benefiting from a robust and thriving entertainment industry. He argued that the company's job is to help venues and artists make money, and that they do not make excuses for doing so.

Investor Takeaway

Investors should be cautious of potential antitrust implications on the entertainment industry.

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