Live Nation Antitrust Case Judge Indicates Possible Trial Start Date
The federal judge presiding about the Department of Justice’s sweeping antitrust circumstance from Reside Country thinks the demo can get began as early as March 2026, in accordance to the most recent federal courtroom filings.
Choose Arun Subramanian explained Thursday (June 27) in the case’s 1st pre-trial hearing that he hoped jury collection could start off off that thirty day period, although he stopped shorter of place a firm date.
A particular person of the pretty initially things of enterprise for Subramanian, who was appointed to the federal bench by President Joe Biden in 2023, is to rule on a planned movement by Reside Nation to transfer the case from the Southern District of New York to the federal circuit courtroom in Washington, D.C., exactly where Stay Nation’s 2010 merger with Ticketmaster was pretty initially authorised. Subramanian reported he thought of his court docket could adequately preside in excess of the situation but that he would completely look at the advisement.
Prior to becoming appointed to the federal bench, Subramanian was a companion at litigation enterprise Susman Godfrey LLP, which at the moment signifies Dwell Country in the 2021 Astroworld festival class action lawsuit. Subramanian did not do the job on that situation.
Govt attorneys claimed in a Tuesday (July 25) filing that they prepare to provide further promises against Stay Nation, noting the new statements could involve information that attorneys from Stay Country have chosen as definitely private and could nicely ask the courts to seal.
Lawyers for the govt “do not believe that any of the facts at situation deserves sealing or overcomes the presumption of public accessibility to judicial documents,” the filings describe, noting that if Stay Nation does not budge, the govt will ask the select to rule on the situation.
Section of Justice (DOJ) attorneys also complained that Stay Nation attorneys have delayed discovery requests and failed to “fully comply with any of the United States’s 3 pre-criticism civil investigative demands” courting back to Oct 2022.
“It took Defendants virtually a 12 months to start out manufacturing custodial paperwork,” the submitting reads, noting that “their responses to quite a few requirements keep on being incomplete currently.”
Attorneys for Dwell Nation identified as the government’s discovery allegation false, noting that “since Oct 2022, Defendants have put in around 200,000 legal professional hrs examining documents, manufactured over 600,000 paperwork from nearly 70 custodians, created around 33 million observations of info, submitted dozens of prepared responses, and furnished investigative deposition testimony from 3 large-stage executives in response to Plaintiffs’ investigations. In addition, DOJ has obtain to nearly two million files that Defendants produced for the duration of prior investigations.”
Attorneys for Are living Nation additional that they want “any files, details or testimony Plaintiffs received from third parties through their investigation” no later than July 22, 2024.
Reside Country is also demanding the government’s uncommon request for a jury demo alternatively of acquiring the verdict identified by a select. “If it transpired, it would be the initial jury demo at any time in a govt-introduced monopolization scenario,” the company’s attorneys wrote.
Exterior of Dwell Nation, the governing administration also says it choices to challenge further than 100 3rd-occasion subpoenas to “ticketers, promoters, ticket brokers, venues, venue management corporations, artists, and artists’ agents and supervisors.”
Are living Country declined to comment for this story.
Are living Country is staying represented by longtime legal qualified and litigator Timothy L. O’Mara and Alfred C. Pfeiffer, every associates at Latham and Watkins. Pfeiffer is the former co-chair of the firm’s Antitrust & Competitiveness Exercise. Ticketmaster is represented by David R. Marriott with Cravath, who effectively represented Illumina against the Federal Trade Fee and secured a 2022 victory for the Louis Dreyfus Company in opposition to DOJ efforts to block the sale of Imperial Sugar to U.S. Sugar.
The government is represented by Bonny Sweeney, who joined the DOJ in 2022. Sweeney previously served as a companion at San Francisco firm Hausfeld in which she was co-chair of its U.S. antitrust physical exercise group. In 2023, she was named antitrust lawyer of the calendar year by the California Legal specialists Association.