Live Nation Entertainment and Ticketmaster filed motions on May 21 to vacate the jury verdict that found them guilty of illegally monopolizing primary ticketing at major U.S. venues. The filings, submitted to the U.S. District Court for the Southern District of New York, include a motion for a new trial under Rule 59 and judgment as a matter of law under Rule 50(b).

Defense Challenges Evidence and Jury Instructions

The defense team, represented by Latham & Watkins and Cravath, Swaine & Moore, argues that plaintiffs failed to prove core elements including relevant markets and anticompetitive effects. Live Nation contends the plaintiffs shifted focus to consumers because evidence of harm to venues and artists was weak.

The filings criticize the admission of what they call irrelevant material, including European practices, decades-old conduct, and anecdotes about parking and lawn chairs, saying it improperly influenced the jury. They also challenge jury instructions on anticompetitive effects and the tying claim, citing Supreme Court precedents including Ohio v. American Express, NCAA v. Alston, and Jefferson Parish.

States Push for Full Divestiture

The motions came on the same day a coalition of 33 states and D.C. proposed remedies including full divestiture of Ticketmaster. The April 15 verdict found the companies overcharged fans by $1.72 per ticket. Live Nation called the states' divestiture push "performative and political."

The case is before Judge Arun Subramanian. The DOJ settled with Live Nation in March, allowing it to keep Ticketmaster, but most states rejected the deal and continued the trial. Separately, the UK House of Commons Business and Trade Committee urged a full market investigation into Live Nation's dominance in British live music.