In a significant development in the Live Nation antitrust damages case, U.S. District Judge Arun Subramanian has ruled that any potential damages will be addressed during the initial jury trial phase, denying a motion by federal and state authorities to split the proceedings.
The ruling came during a telephone conference on Friday, as discovery continues ahead of a scheduled jury trial in March 2026. The case centers on allegations that Live Nation, following its 2010 merger with Ticketmaster, engaged in a systematic pattern of monopolistic behavior that suppressed competition in the live entertainment industry.
Plaintiffs from the U.S. Department of Justice and multiple state attorneys general had sought to bifurcate the trial, proposing that a separate damages phase would streamline the process by narrowing the immediate focus of expert discovery. However, Judge Subramanian determined that such a move would likely create additional complexities, including possible further appeals and summary judgment briefings.
“The portion of the motion relating to damages is denied,” said Judge Subramanian. “The court is not of the view that bifurcating damages from liability would foster either fairness or efficiency. And so that will be part of the initial trial.”
While the court left the door open for equitable remedies — including the possibility of reversing the Live Nation–Ticketmaster merger — to be considered separately in a bench trial, it emphasized that monetary damages must be addressed alongside liability.
Counsel for Live Nation, Alfred Pfeiffer, argued that the damages theories presented by the states are intertwined with the core liability claims, making separation impractical. “Their proof of damages is a fundamental part of their liability case,” Pfeiffer said.
Adam Gitlin, representing the states, acknowledged the court’s direction and affirmed the plaintiffs’ readiness to proceed on schedule. “We committed to this schedule … we’re certainly proceeding on that schedule until the court changes it,” Gitlin stated.
Live Nation and Ticketmaster are represented by legal teams from Latham & Watkins LLP and Cravath Swaine & Moore LLP. The DOJ is represented by attorneys from the Antitrust Division, and the states are represented by their respective attorneys general.
The case, U.S. et al. v. Live Nation et al., is being heard in the U.S. District Court for the Southern District of New York, case number 1:24-cv-03973.
