Live Nation Entertainment Inc. has filed a request asking the federal court to suspend proceedings in the antitrust lawsuit brought by the U.S. Department of Justice and a group of state attorneys general, citing its intent to seek appellate review of a recent decision that left much of the case intact.
The trial is set to begin March 2 in federal court in New York before U.S. District Judge Arun Subramanian. Last week, Judge Subramanian dismissed the government's monopolization claims tied to concert promotion, while allowing the majority of the government's remaining allegations to move forward. Among those surviving claims are the assertions that Live Nation conditions access to its amphitheaters on the use of its concert promotion services and that the company holds monopoly power in the ticketing market.
In a filing submitted Saturday, Live Nation argued that most of what the court left standing should nonetheless be dismissed and asked the court to delay the trial to permit an appeal of the summary judgment order entered on February 18, 2026. The company is pursuing certification under 28 U.S.C. a7 1292(b) for an interlocutory appeal of two pivotal legal rulings the court made, saying each presents substantial grounds for disagreement and that appellate resolution would materially narrow the scope of any jury trial.
Live Nation's filing states that if the court permits immediate appeal on one or both questions, the district court should stay further proceedings while the questions are resolved by an appellate court. The company urged the court to weigh the considerations of judicial economy and the public interest, arguing that pausing the trial would prevent the parties, the court, and prospective jurors from expending resources on claims that may later be found legally deficient on appeal.
The government's case, as narrowed by the court's recent order, centers in large part on what it classifies as "major concert venues" - defined in the litigation as arenas and amphitheaters with capacities exceeding 8,000 seats and that host at least 10 concerts annually. The complaint alleges that Live Nation discriminates against those venues by conditioning the booking of Live Nation-promoted concerts on the adoption of Live Nation's ticketing services.
Live Nation contends the district court reached critical legal conclusions in its February 18 summary judgment order that are appropriate for immediate appellate review. The company contends that an interlocutory appeal, if accepted, would alter and likely narrow the legal and factual disputes remaining for trial, justifying a stay pending the outcome.
As of the filing, the company has formally requested certification for the interlocutory appeal and a temporary pause in trial-related proceedings while appellate courts consider the issues raised. The parties remain on course toward the March 2 trial date unless the district court grants the stay or the appellate process intervenes.
Context and next steps
- The district court's February 18, 2026 summary judgment order dismissed some monopolization claims but preserved assertions related to tying amphitheater access to promotion services and alleged dominance in ticketing.
- Live Nation has asked the court to certify two legal questions for interlocutory appeal under 28 U.S.C. a7 1292(b) and to stay the trial pending resolution of that appeal if certification is granted.
- The trial remains scheduled for March 2 unless the court grants a stay or interlocutory appeal is accepted and acted upon by an appellate court.