The states’ antitrust case against Live Nation continues Monday

The Live Nation-Ticketmaster experience is back. Dozens of countries are expected to do so Go ahead As their claims against the company’s alleged monopoly on the concert industry begin on Monday, following a brief hearing on Friday.

The Justice Department and a few states have accepted settlements with the company, but the majority of the 40 state and district attorneys general – so far – are continuing their fight in court. The states pressing forward withdrew their motion for a mistrial, which had not yet been filed The Justice Department announced the settlement They appeared in court Monday, appearing with a new outside attorney to lead the trial team in the absence of the federal litigants. The judge also said jurors would be allowed to watch internal conversations between Live Nation employees who bragged about how they “rooted out” fans, overturning the company’s opposition.

In a hearing Friday that lasted less than an hour, Judge Arun Subramanian — visibly more cheerful than he was earlier this week when he chided lawyers for not informing him of the impending settlement earlier — sorted out the logistics of the trial and issued orders on documents. In order to take the case, the now-departed Justice Department trial team continued to work on conveying information that the states taking the case to trial would need, said Jonathan Hatch, co-lead counsel for the states. But he said there are still some things left in the Justice Department’s database that have not yet been transferred. At the judge’s request, the Justice Department agreed to ensure that access to information is uninterrupted so that states and their attorneys have everything they need.

Arkansas, Iowa, Mississippi, Nebraska, Oklahoma and South Dakota have either signed an agreement similar to the Justice Department’s with Live Nation, or are about to do so. South Carolina continues to negotiate with the company, and may continue litigation unless the state reaches an agreement on its cash demands before then. An attorney speaking on behalf of those states said South Carolina has reached an agreement in principle on updated injunctive terms for the settlement, though it is not clear what those terms are. That leaves more than 30 state aides still involved in the lawsuit, unless things change before Monday.

The trial is expected to begin with testimony from Jay Marciano, AEG’s chief operating officer, who was the last witness to be questioned by Justice Department lawyers in the case. Marciano was only halfway through his testimony when court adjourned for the day, so the states will likely need to refresh jurors’ memories, after the new trial team presents itself. AEG is a competitor to Live Nation-Ticketmaster and is a similar integrated ticketing and live event promotion company.

The judge also allowed several exhibits containing Slack messages between Live Nation employees to be shown to the jury, after the company sought to exclude them. The messages appeared this week after a judge revealed them based on requests from a group of media outlets.

Messages from 2022 included then-regional managers booking tickets at the company’s stands He brags How they “swallow” fans with extra costs, such as parking or VIP access, and mock fans as “stupid” and say Live Nation was “robbing them blind.” Live Nation spokeswoman Emily Wofford described the exchange as a “junior employee to friend” incident and said it was “not at all reflective of our values ​​or the way we operate.” short However, the plaintiffs, who are opposing the proposal to exclude Chats, say these “junior” employees now hold important positions at the company: one is the head of ticketing for the Live Nation arm that runs its stands, and the other is a senior ticketing manager for Live Nation’s capital region.

“Because this was a private message from Slack, leadership became aware of this when the public found out and will look into it immediately,” Wofford said in a statement. “Our business only succeeds when fans have great experiences, which is why we capped grandstand venue fees at 15% and invested $1 billion in the last 18 months in U.S. venues and fan amenities.”

Live Nation sought to have the exhibits excluded from being shown to the jury along with its attorneys He argues They were just “unofficial Slack messages” unrelated to the case. Government lawyers Argue The messages represent “candid internal messaging” refuting the company’s claim that it is investing in stands to give fans and artists a great choice of where to watch the concert. The judge agreed that Live Nation had “opened the door” to this type of evidence by highlighting the quality of fan experiences at its venues in its opening statement.

However, the offer will continue starting Monday morning.