Jeffrey Kessler Speaks with Global Competition Review About Being Retained by States as Lead Counsel in Live Nation Antitrust Trial

Winston & Strawn Co-Executive Chair Jeffrey Kessler was featured in Global Competition Review discussing his role representing a coalition of 35 states in the ongoing antitrust litigation against Live Nation.

In speaking to Global Competition Review as the trial entered its later stages, Jeffrey explained that his involvement in the case began as news of the U.S. Department of Justice settlement started to circulate. He described the rapid pace required to prepare for the high-profile jury trial.

“I told them we would get at least 10 days if we could. We ended up with eight days. So, close enough, but it was insane,” he said. “We only really got that amount of time because we convinced the judge. We filed first the motion for a mistrial, but then the judge gave us the week off, and then we just decided that we were ready to go for it.”

Jeffrey also highlighted the strength of Winston’s antitrust bench in enabling the team to step into complex matters quickly.

“In the sports world, I have someone like David Greenspan who could frankly come into any case at any time. He’s why I can jump into a case like this. And as I jump in… he’s doing arguments and hearings and things elsewhere,” he said.

“It’s not like I was sitting here waiting for work, right? But I have the ability to do that because I know that a David Greenspan, or an Adam Dale, can come in. And then I have great partners like Eva Cole, the co-chair of our Antitrust Practice, and Josh Hafenbrack and Jeanifer Parsigian, who also did NASCAR with me.”

The Winston team worked “incredibly long days, seven days a week” to remodel the Live Nation witness list and reshape the case.

“I think the first thing you have to think about is how to make it understandable, how to put it in terms that the jury can understand. Simply, how to reduce it,” Jeffrey said. “Antitrust plaintiffs always have a tendency to overtry their case… We really bring it down to the core elements. We cut a lot of witnesses.”

“I trust juries. I think they get it right if you present the evidence and tell a story that they can appreciate and understand,” he added. “A really good trial lawyer is a really good storyteller.”

Global Competition Review also highlighted Jeffrey’s leadership in transformative antitrust cases across the sports and entertainment industry. Among his victories, Jeffrey pointed to the Alston case, which he argued before the U.S. Supreme Court, as one of the most impactful. In securing a landmark antitrust settlement from the NCAA following that case, Jeffrey and his team unlocked billions for college athletes who competed before they were able to earn money from their name, image, and likeness.

“It’s hard for people outside the U.S. to understand this, but college sports as a business in the U.S. is bigger than all of our sports except for the NFL,” he said. “Yet the athletes were basically subject to a cartel that paid them zero, and that's now totally transformed.”

Jeffrey also cited the fight for equal pay for the U.S. women’s national soccer team—resolved with a $24 million settlement in 2022—as one of the cases he is most proud of.

“My practice in sports is beyond antitrust. We try to use antitrust to really reshape all industries,” Jeffrey said. “And now, I'll see if we can change the world of live entertainment and ticketing too.”

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