A federal judge in Denver is allowing an independent concert promoter to proceed with an antitrust suit against Clear Channel Communications (CCC), after finding that the media giant had attempted to

A federal judge in Denver is allowing an independent concert promoter to proceed with an antitrust suit against Clear Channel Communications (CCC), after finding that the media giant had attempted to create a monopoly.

Judge Edward Nottingham of the U.S. District Court for the District of Colorado ruled Friday (April 2) that CCC's cluster of radio stations in the Denver area was not a monopoly. However, he said CCC had intended to create a monopoly position when it rejected paid advertising by the plaintiff, Nobody in Particular Presents (NIPP).

NIPP alleged that the Denver radio stations in question played songs by artists whose concerts were promoted by CCC's promotion division, but did not play songs by bands handled by NIPP.

NIPP executives, who call CCC's actions "predatory," say they are "pleased with the direction of events." Meanwhile, Andrew Levin, CCC's chief legal officer, says he is "confident these allegations will ultimately be dismissed."

CCC, the largest concert promoter in the United States, operates eight radio stations in Denver -- the maximum allowed under Federal Communications Commission regulations.

A pretrial conference is set for April 30. A trial date will be set at a scheduling conference to be held today.

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