On Friday (Feb. 1), Rapture Electronic Music Festival filed a federal lawsuit against Ultra, the City of Miami and the Virginia Key Beach Historic Trust for booking Ultra the same weekend Rapture was supposed to be held. According to the suit, the group allegedly conspired to violate the Sherman Act, which outlaws monopolistic business practices.
In late September, news broke that Ultra lost its contract with downtown Miami and that the festival was looking for new home in Virginia Key. On Monday, the Judge dropped the lawsuit for flaws in the Complaint, including that Ultra and Rapture’s applications to hold their festivals at Virginia Key Beach have yet to be granted or denied. As a result, no “cognizable injury” has occurred yet.
“Plaintiff relies exclusively on conclusory allegations of conspiracy backed by no factual allegations whatsoever,” the Judge’s court filing reads. “Besides nearly two-dozen conclusory allegations of unlawful collusion, Plaintiff’s case seems to hinge almost entirely on the following allegation: “[t]he ridiculousness of allowing Ultra music festival in such an environmentally friendly location is absurd and a clear signal of an antitrust violation.” That allegation isn’t a “clear signal” of anything, and so the Court must dismiss the complaint for failure to state a claim, but will grant leave to amend.”
Rapture has until Feb. 13 to amend their complaint. Read the full court filing via EDM Tunes.