Photo Credit: Coolcaesar
Following Live Nation’s DOJ settlement – and evidently fruitless resolution discussions between the Ticketmaster parent and many attorneys general – roughly 30 states are plowing ahead with their antitrust claims.
We covered those claims in detail last week, when multiple states confirmed plans to continue litigating against Live Nation on the heels of its Justice Department settlement. And as we broke down, from ticketing-fee caps to the mandatory end of Oak View Group exclusive-ticketing pacts and more, the federal settlement brought a number of noteworthy concessions.
But 26 states plus D.C. – which have been seeking sizable damages payments from the outset – promptly made clear that they weren’t very enthusiastic about the DOJ-Live Nation agreement’s $280.4 million settlement fund.
Against this backdrop, Judge Arun Subramanian ordered the still-litigating states and Live Nation to work towards a settlement of their own. However, reportedly empty negotiating spaces and pessimistic comments from Team Live Nation strongly suggested that a deal wasn’t in the cards.
In the end, these signs proved accurate: the trial officially restarted today with the above-highlighted states – among them California, New York, Ohio, Nevada, Utah, and Washington – pursuing relief.
(Some will recall that the non-settling states had sought a mistrial, citing concerns about the partial settlement’s perceived ability to influence jurors. But as of this past Friday, said concerns were no more; the remaining state plaintiffs formally withdrew the mistrial motion.)
As was also true last week, certain states aren’t appearing in new joint filings but nevertheless have yet to disclose settlements to the court. At present, Nebraska, Arkansas, and South Dakota seem to be the only states that have submitted settlement notices.
Back to the trial itself, accounts of today’s proceedings indicate that the courtroom confrontation, while perhaps free of especially dramatic developments, featured testimony covering Ticketmaster’s fees, Live Nation’s possible influence over artists, the extent of the promoter’s venue control, the positioning of competitors such as AEG, and more.
And though it probably doesn’t need saying, it’ll be worth monitoring the trial, possible fireworks and all, from here. More immediately, the case definitely hasn’t been without twists and turns thus far – and not just because of the DOJ settlement.
On Friday the 13th, following an apparent dispute, counsel for a non-party company, having allegedly sought pro hac vice admission while suspended from practicing law, “appeared in person at the Court and screamed at Court staff,” per a new order from Judge Subramanian.
Then, over the weekend, the same individual called a court employee “on their personal cell-phone to reiterate her grievances,” the judge recapped.
“This type of behavior is unacceptable and if it continues it may be subject to sanctions, contempt, or even referral to criminal authorities if appropriate,” Judge Subramanian wrote.
A closing note as the (resumed) trial ramps up: The states further moved to prevent Live Nation from introducing “any evidence, testimony, or argument” about its “community engagement or altruistic endeavors.”
That includes mentions of Live Nation’s “ticket donations to veterans and military members and overall ‘community engagement,’” details about which are allegedly an “irrelevant…attempt to distract from the issues in this case,” according to a fresh filing.
