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Promoter's Suit Against Clear Channel to Proceed

Fri Apr 2, 9:55 PM ET Add Entertainment - Reuters Industry to My Yahoo!

By Judith Crosson

DENVER (Reuters) - A federal judge ruled on Friday that media giant Clear Channel Communications Inc.'s cluster of radio stations in the Denver area do not constitute a monopoly in the concert business as charged by an independent promoter.

However, U.S. District Judge Edward Nottingham did find that plaintiff "Nobody In Particular Presents" made strong enough arguments that Clear Channel attempted to create a monopoly. The judge's decision allows the independent concert promoter's lawsuit against Clear Channel to proceed.

The case has been described as a "David vs. Goliath" scenario that pins the independent promoter against Clear Channel, which owns and operates eight radio stations in Denver, the maximum allowed by the Federal Communications Commission (news - web sites).

Clear Channel acquired for $4.4 billion concert promoter SFX, making Clear Channel's concert promotion division the largest in the United States, the judge said in a 125-page written order.

Nobody in Particular's lawsuit filed in federal court says that Clear Channel's radio stations in Denver play songs by artists whose concerts are handled by Clear Channel's concert promotion arm, but the same stations do not play songs by bands that give concerts promoted by Nobody in Particular.

Clear Channel had asked the judge for a summary judgment to dismiss the independent promoter's lawsuit.

Clear Channel's stations do not accept paid advertising by Nobody in Particular, which the judge said provides sufficient evidence to show that Clear Channel intends to create a monopoly power for itself in the rock concert promotions market.

Texas-based Clear Channel is one of the largest radio and entertainment conglomerates in the world, with holdings in radio, television, concert venues and billboard advertising, the judge said.

The judge scheduled April 30 for a final pretrial conference.

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fascism n. 1. A philosophy or system of government that is marked by stringent social and economic control, a strong, centralized government usually headed by a dictator, and often a policy of belligerent nationalism. 2. Oppresive or dictatorial control.

monopoly n. 1. Exclusive control by one group of the means of producing or selling a commodity or service. 2. a right granted by a government giving exclusive control over a specified commercial activity to a single party.

They've all got to go!

peace

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