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Broadcaster Settles Airplay Case

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Times Staff Writer

Almost three years after accusing Clear Channel Communications Inc. of an array of “predatory and exclusionary practices” in the radio and live-event businesses, a Denver concert promoter has signed a settlement with the conglomerate that will head off a trial.

Terms of the deal were not disclosed.

In 2001, the small firm had sued Clear Channel, the nation’s biggest radio station owner, alleging that the San Antonio-based giant had violated federal and state laws by reducing airplay for recording artists who didn’t hire the company’s concert promotion unit for their performances. Nobody in Particular Presents scored a major win in April when a federal judge ruled that there was sufficient evidence to present the case to a jury.

But pressure had been mounting on the small firm to avoid a costly trial. The promoter had been straining to pay money due to local authorities and promoter House of Blues to cover past expenses.

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“This was a long and difficult battle, and we are very happy with this agreement,” NIPP President Doug Kauffman said.

For Clear Channel, the deal ends the prospect of a potentially devastating jury verdict.

“Clear Channel admitted no wrongdoing in connection with the lawsuit, but we are pleased to get the matter behind us,” Clear Channel Executive Vice President Andrew Levin said.

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