Antitrust trial against Live Nation and Ticketmaster continues with states leading the charge

NEW YORK (AP) — The antitrust trial of Live Nation and Ticketmaster resumed Monday in a New York federal court with three dozen states remaining in the case a week after the Justice Department settled its claims and withdrew.

Judge Arun Subramanian greeted jurors in Manhattan federal court by asking them if they had heard any news about the trial in the week in which it was suspended after one week of testimony.

After no jurors raised hands, he told them Arkansas, Nebraska and South Dakota had settled claims and were no longer part of the case.

Testimony then resumed with an attorney for the remaining states questioning Jay Marciano, the chief executive of AEG Presents, which is Live Nation’s chief competitor.

For a time last week, it seemed the trial might not proceed at all. The states requested a mistrial after U.S. government lawyers said they’d reached a tentative settlement. After the judge urged the states to negotiate for several days with attorneys for Live Nation, the states withdrew their mistrial request and Subramanian said the trial would resume Monday.

On Friday, lawyers for the states indicated that seven states were well on their way to joining the federal government’s planned settlement, but the judge said any state that had not reached a final signed deal by Monday would remain in the case until they did.

As the trial resumed, 36 states and the District of Columbia continued to press claims that Live Nation Entertainment and its ticketing subsidiary, Ticketmaster, are blocking competition and driving up prices for fans. They say this was done through threats, retaliation and other tactics to control virtually every aspect of the industry, from concert promotion to ticketing.

Lawyers for Live Nation and Ticketmaster have tried to show jurors that the entertainment and ticketing business is more complicated than the states are portraying it and that it’s impossible to monopolize an industry that is largely controlled by artists, sports teams and venues that set prices and decide how tickets are sold.

The Justice Department said last week that it settled its case after winning concessions from Live Nation that would open up some ticketing to rival ticketing companies and ultimately lower prices for consumers. Numerous states criticized the deal, saying the federal government failed to get enough concessions from the company.