"Rock Concert" Antitrust Claims against Live Nation and Clear Channel Dismissed
On March 23, 2012, the U.S. District Court for the Central District of California dismissed all claims brought against Live Nation and Clear Channel by classes of concertgoers in the Los Angeles and Denver areas. The plaintiffs accused the companies of monopolizing a market for live rock concerts. Wilson Sonsini Goodrich & Rosati represented the defendants in connection with the matter.
Judge Stephen V. Wilson granted summary judgment on the grounds that the plaintiffs failed to prove that "rock concerts" was a monopolizable market distinct from pop, country, hip-hop, and other genres. He also excluded the testimony of the plaintiffs' expert on those issues, as well as others.
The cases have been pending for more than 10 years. The original case was brought as a national class action, but Wilson Sonsini Goodrich & Rosati attorneys defeated class certification on the basis that there could be no "national" market for concerts. The Second Circuit affirmed in a landmark ruling, which can be found here. The plaintiffs later filed regional cases in 22 markets. The Los Angeles and Denver cases resolved in the court's decision were designated as the test cases among the 22 regional cases.
The Wilson Sonsini Goodrich & Rosati team that represented Live Nation and Clear Channel in the matter included Jonathan Jacobson, Charles Biggio, Colleen Bal, Lucy Yen, Chul Pak, Franklin Rubinstein, Anthony Weibell, Daniel Weick, and Paul Chalmers, as well as former colleagues Sara Walsh, Renata Hesse, and Varun Shetty. The firm was assisted by local counsel Mintz Levin Cohen Ferris Glovsky & Popeo, special counsel Gibson, Dunn & Crutcher, and prior local counsel Arnold & Porter.
For more information, please refer to the court order.