President Donald Trump's surprise pardon of former Oak View Group (OVG) CEO Tim Leiweke has thrown a wrench into the Department of Justice's (DOJ) live Nation antitrust case. The DOJ had spent over a year investigating Leiweke's involvement in a bid-rigging scheme related to the construction of a new arena in Austin and was hoping to force him to testify in the government's antitrust case.
According to sources, Trump's pardon came after a friendly round of golf between the president and former Republican Congressman Trey Gowdy, who Leiweke hired to lobby on his behalf in the criminal case. Gowdy argued that Leiweke had been unfairly targeted by the DOJ and that he was not guilty of any wrongdoing.
The DOJ's antitrust division has been investigating OVG's relationship with Live Nation for months, alleging that Leiweke protected Live Nation's dominance in the concert promotion business and steered buildings managed by OVG towards signing exclusive ticketing agreements with Ticketmaster. The company collected millions of dollars in fees in the process.
Following Trump's pardon, Leiweke sat down for a previously scheduled deposition with the DOJ to discuss its separate antitrust lawsuit against Live Nation. However, Leiweke invoked his Fifth Amendment right against self-incrimination and refused to answer questions from the government during the deposition.
The DOJ is now considering whether to ask a judge to force Leiweke to testify in the case, which would prolong a legal fight over Leiweke's participation in the Live Nation antitrust case. The company has long been seen as a key player in the Department of Justice's investigation into Live Nation's practices.
In July, attorneys from the DOJ's antitrust division unsealed an indictment against Leiweke for allegedly restraining trade in his effort to win the right to build and manage the Moody Center arena for the University of Texas. However, Trump's pardon has effectively ended that case, as Leiweke is no longer facing charges.
The DOJ will now have to decide whether to seek a second shot at deposing Leiweke or request that the company be granted criminal immunity to force him to testify. If neither option works out, it may have to abandon its efforts to bring Live Nation to justice over its alleged anticompetitive practices.
Cohen argued that Leiweke is "a very important fact witness" and that his deposition could provide critical information about OVG's relationship with Live Nation. However, if Leiweke invokes his Fifth Amendment right again, the DOJ may not be able to compel him to testify.
The case highlights the challenges that the DOJ faces in enforcing antitrust laws against large corporations, particularly when those companies have significant influence over politicians and policymakers. It also raises questions about the role of pardons in the administration of justice and the limits of presidential power.
According to sources, Trump's pardon came after a friendly round of golf between the president and former Republican Congressman Trey Gowdy, who Leiweke hired to lobby on his behalf in the criminal case. Gowdy argued that Leiweke had been unfairly targeted by the DOJ and that he was not guilty of any wrongdoing.
The DOJ's antitrust division has been investigating OVG's relationship with Live Nation for months, alleging that Leiweke protected Live Nation's dominance in the concert promotion business and steered buildings managed by OVG towards signing exclusive ticketing agreements with Ticketmaster. The company collected millions of dollars in fees in the process.
Following Trump's pardon, Leiweke sat down for a previously scheduled deposition with the DOJ to discuss its separate antitrust lawsuit against Live Nation. However, Leiweke invoked his Fifth Amendment right against self-incrimination and refused to answer questions from the government during the deposition.
The DOJ is now considering whether to ask a judge to force Leiweke to testify in the case, which would prolong a legal fight over Leiweke's participation in the Live Nation antitrust case. The company has long been seen as a key player in the Department of Justice's investigation into Live Nation's practices.
In July, attorneys from the DOJ's antitrust division unsealed an indictment against Leiweke for allegedly restraining trade in his effort to win the right to build and manage the Moody Center arena for the University of Texas. However, Trump's pardon has effectively ended that case, as Leiweke is no longer facing charges.
The DOJ will now have to decide whether to seek a second shot at deposing Leiweke or request that the company be granted criminal immunity to force him to testify. If neither option works out, it may have to abandon its efforts to bring Live Nation to justice over its alleged anticompetitive practices.
Cohen argued that Leiweke is "a very important fact witness" and that his deposition could provide critical information about OVG's relationship with Live Nation. However, if Leiweke invokes his Fifth Amendment right again, the DOJ may not be able to compel him to testify.
The case highlights the challenges that the DOJ faces in enforcing antitrust laws against large corporations, particularly when those companies have significant influence over politicians and policymakers. It also raises questions about the role of pardons in the administration of justice and the limits of presidential power.