Live events sector
A US appellate court has affirmed the dismissal of an anti-competition lawsuit against Live Nation Entertainment by Seth Hurtwitz-owned indie promoter It’s My Party (IMP).
The Fourth Circuit Court of Appeals has confirmed the February 2015 ruling that dismissed all claims made by IMP, which alleged that Live Nation (LN) engaged in monopolistic (anti-trust) policies in violation of the Sherman Act by coercing artists to only appear at venues it owned and operated.
Judge J. Harvie Wilkinson III said that Maryland-based IMP misleadingly contrasted its own and Live Nation’s operations nationwide, as opposed to locally, to support its claim that LN was monopolising the concert-promotion market. Judge Wilkinson said “According to IMP, promoters compete nationally for contracts to promote performances anywhere in the country” and “By defining the market as national, IMP could more easily construe LN’s nationwide network of promoters and venues as evidence of market power. In contrast, IMP could portray itself as a modest regional outfit whose resources pale in comparison.” and “If instead the market were defined locally and narrowed to just the Washington–Baltimore area, then IMP would appear more evenly matched against LN’s regional capacity. Unfortunately for plaintiff, its market definitions are blind to the basic economics of concert promotion.”