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Live Nation is trying to end the state’s claim for damages for concertgoers

Live Nation Entertainment has asked a federal judge in New York to throw out claims by several states that the live event promoter hurt event attendees by stifling competition with its ticketing arm, Ticketmaster.

Live Nation is seeking to dismiss part of the lawsuit filed by the US Department of Justice and a coalition of states in May. Prosecutors are trying to break up Live Nation and allege the concert promoter and Ticketmaster illegally inflated concert ticket prices and hurt artists.

Last month, more states joined the suit, bringing the total to 39 states and the District of Columbia. Two-thirds of them also added triple compensation claims on behalf of event participants in their states.

Related: US state AGs seek treble damages against Live Nation for concertgoers

Live Nation has requested that these claims be dismissed late wednesdaysaying allegations that it used threats, retaliation and long-term contracts to prevent concert venues from using rival ticketing services “have almost nothing to do with consumers or the ticket fees they pay.”

“The premise of their claim seems to be that in a world where their marginal costs have fallen, venues would respond by gratuitously cutting prices for consumers rather than pocketing incremental profit,” the company said.

Live Nation also urged U.S. District Judge Arun Subramanian in Manhattan to reject a claim that it blocks artists from using its concert promotion services to book venues it owns, saying the law does not require it to let promoters of rival concerts to rent their amphitheatres.

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