(CelebrityAccess Media/Wire) — US District Judge Edward Nottingham ruled on April 2 that NIPP's arguments about Clear Channel Entertainment's attempts to create a monopoly were strong enough for them to go ahead with their lawsuit against the entertainment giant. Clear Channel's motion for a summary judgment and dismissal of the case was denied.
NIPP's lawsuit, filed in August 2001, alleges that Clear Channel's Denver radio stations only play songs by artists whose concerts are promoted by Clear Channel and not by those artists promoted by NIPP.
The judge said that Clear Channel's radio stations' limited or exclusionary air time for artists not promoted by Clear Channel provides evidence to show the intention by Clear Channel to create a monopoly for itself in the concert promotion business.
Clear Channel owns eight Denver FM radio stations KBCO, KBPI, KFMD, KRFX and KTCL in addition to AM stations KHOW, KOA and KTLK.
A final pretrial hearing is scheduled for April 30 in Denver. — Jane Cohen and Bob Grossweiner