Live Nation Entertainment and Ticketmaster have officially filed motions to vacate the jury verdict in their recent antitrust case. The companies argue that the decision is against the clear weight of the evidence and was significantly tainted by prejudicial errors during the trial.
The legal filings, submitted on May 21 in the U.S. District Court for the Southern District of New York, include a motion for a new trial under Rule 59 and a request for judgment as a matter of law under Rule 50(b). These actions coincide with a proposal from a coalition of 33 states and the District of Columbia, which seeks remedies including the full divestiture of Ticketmaster.
The April 15 verdict concluded that the companies had engaged in an illegal monopoly regarding primary ticketing at major U.S. venues, alleging that they overcharged fans by $1.72 per ticket. The defense, led by legal teams from Latham & Watkins and Cravath, Swaine & Moore, contends that the plaintiffs failed to adequately prove essential elements of the case, specifically regarding relevant market definitions and the existence of anticompetitive effects.
Live Nation asserts that the plaintiffs shifted their focus toward consumer harm because their evidence regarding negative impacts on venues and artists was insufficient. Furthermore, the defense criticized the court’s admission of what they describe as irrelevant material—including European business practices, historical conduct from decades ago, and anecdotal complaints about venue amenities—arguing that such information improperly influenced the jury.
The motions also challenge the jury instructions concerning tying claims and anticompetitive effects, citing established Supreme Court precedents such as Ohio v. American Express, NCAA v. Alston, and Jefferson Parish. Additionally, the defense disputes the validity of hearsay testimony provided by competitors and the expert analysis presented by Dr. Rosa Abrantes-Metz.
The case remains under the oversight of Judge Arun Subramanian. While the Department of Justice reached a settlement with Live Nation in March that would allow the company to retain Ticketmaster, the majority of the states involved in the litigation rejected the deal, choosing to proceed with the trial. As the court weighs the possibility of a breakup, limited remedies, or behavioral changes, these latest motions represent a strategic effort to reverse the verdict or at least delay the final outcome.
In a separate development, the UK House of Commons Business and Trade Committee has also called for a comprehensive market investigation into Live Nation’s dominance within the British live music sector.