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US: Live Nation wins antitrust appeal

 |  February 7, 2016

On Thursday, the 4th Circuit Court of Appeals affirmed the dismissal of a long-lasting antitrust lawsuit against Live Nation.

In 2009, It’s My Party, Inc., which runs the famed outdoor venue Merriweather Post Pavilion in Maryland, sued the concert and promotion giant for allegedly wielding its national power to entice and coerce artists to appear only at local amphitheaters and other venues it owned and operated. Some of the artists who were allegedly coerced included the Counting Crows, the Goo Goo Dolls, Santana and Ashlee Simpson.

Looking at the dispute, circuit judge J. Harvie Wilkinson III knocks the plaintiff for a failure to identify the market that Live Nation is accused of monopolizing. The judge fails to accept the national vs. local power structure as defined by IMP. “Its market definitions are blind to the basic economics of concert promotion,” he writes, citing the need to market at the local level even for a company that helps artists tour nationally.

The judge also discusses the allegation that Live Nation has tied its promotional and concert booking services together in a way that coerces artists and disadvantages local competitors.

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