How strong is the case against Live Nation? An anti-trust attorney weighs in

Will the Department of Justice be able to force the breakup of Live Nation and Ticketmaster? How strong is its antitrust case filed yesterday?

Attorney Eric Enson, an Antitrust and Competition Attorney and Partner at Crowell & Moring, is known for his extensive antitrust litigation experience, including complex international cartel investigations, antitrust class actions, claims of monopolization, and other types of unilateral conduct.

We asked him about the strength of the antitrust action and the likelihood of a breakup of Live Nation and Ticketmaster.

“DOJ has a strong case… but…”

“DOJ has alleged a strong case that resonates with consumers and in the court of public opinion, but proving antitrust cases to juries is difficult,” said Enson.

“Monopolization cases are challenging because the issues are complex, much of the evidence will come in through expert economist testimony, and unilateral conduct, like the type of self-preferencing alleged, can many times be perfectly legal and competitive. And it appears that Live Nation and Ticketmaster will have arguments that their market share and margins are far below what DOJ has alleged due to new competitors,” he continued.

“There is also an argument that the combination of ticketing and promotion was foreseen by the 2010 consent decree with DOJ that allowed the Live Nation and Ticketmaster deal to proceed, so there will be legal and factual questions about whether a break up is a legally permissible remedy in this case.”

Bruce Houghton