Billie Eilish concert cited as example of Live Nation 'retaliation' at antitrust trial

Billie Eilish concert cited as example of Live Nation 'retaliation' at antitrust trial

The federal antitrust trial over Live Nation opened this week in Manhattan, and John Abbamondi, Barclay's then CEO, told jurors a planned Billie Eilish concert was moved away from Barclays Center after the arena switched ticketing companies in 2021.

Barclays Center says switching from Ticketmaster drew swift consequences

Abbamondi testified that Barclays Center, an 18, 000-seat arena, decided in 2021 to drop Ticketmaster for SeatGeek and immediately ran into resistance. He said Ticketmaster "pulled up the drawbridge behind them, " refusing to aid the transition to SeatGeek, and that Live Nation followed with what he described as retaliation. Abbamondi said the arena’s Live Nation-promoted show count fell from more than 20 a year to fewer than eight, a decline he presented to the jury as evidence of punitive action.

Billie Eilish concert moved to USB Arena near JFK, Abbamondi told jurors

As an example of that punishment, Abbamondi cited a planned concert by Billie Eilish that had been scheduled for Barclays but was switched to the USB Arena near JFK Airport in Queens. He said word reached him that Live Nation pulled the Barclays date and that an Eilish manager told one of his executives, "It was Live Nation's decision. " Abbamondi offered the concert switch as what he called "smoking gun" evidence that venues opposing Ticketmaster would be penalized.

Warnings, an F-bomb and the Justice Department’s case

Abbamondi described warning signs before the switch: he testified he received a text from Patti Kim, a Live Nation vice president, cautioning him to "think about the bigger relationship with Live Nation" and signing the message with a "winky face emoji. " He also recounted that Joe Berchtold, Live Nation's Chief Financial Officer, "dropped an F-bomb on me" and warned that "it was going to be difficult to put concerts in Barclays Center, " testimony the government is using to bolster its claim that Live Nation pressures venues to accept its ticketing and promotion services.

The Justice Department and a coalition of state attorneys general brought the lawsuit that has now reached trial, alleging the company pressures venues into exclusive ticketing deals and forces artists to use its promotion services. In pretrial rulings, a judge narrowed the claims by dismissing an allegation that the company monopolized concert promotions and bookings, but left in place the charges that Live Nation coerces venues and artists.

Jury selected and testimony set to continue

A 12-person jury was selected Monday and opening arguments went ahead Tuesday morning in the Manhattan federal courthouse. John Abbamondi is expected to testify later Tuesday, and jurors will hear further testimony aimed at showing how the company’s market power affects where artists perform and which ticketing platforms venues can use.

The trial will continue with scheduled witness testimony this week, and jurors will hear additional evidence about venue deals and artist promotions as the Justice Department pursues its claim that Live Nation used its conduct to suppress competition.