U.S. Justice Department and Live Nation reach settlement over illegal monopoly case

The Ticketmaster logo is seen along the sideline of the field before an NFL football game, Sept. 15, 2024, in Jacksonville, Fla. (AP Photo/Phelan M. Ebenhack, File)

WASHINGTON — The U.S. Justice Department said Monday that it has tentatively settled its antitrust lawsuit against Ticketmaster and parent company Live Nation Entertainment, striking a deal to ultimately lower ticket prices for consumers and end an illegal monopoly over live events in America.

But some states signaled they won’t join the deal and will continue an ongoing trial.

After the Justice Department announced the deal at the start of the trial day in Manhattan federal court, Judge Arun Subramanian called it “entirely unacceptable” that no one informed him of the tentative deal until late Sunday. A term sheet for the expected settlement was signed on Thursday, he said.

A senior Justice Department official, though, spoke effusively of the looming settlement on the condition of anonymity Monday during a phone call with journalists under terms set by the department to release some information about the proposed settlement.

Live Nation would pay a fine of up to US$280 million and divest itself of at least 13 amphitheaters across the country as it opens up its ticketing processes so that competitors can share in the sale of tickets, the official said.

The official called it a “win-win for everybody” that will bring immediate relief for consumers and protect venues from retaliation when they choose companies other than Live Nation to handle tickets or promotions for events.

A double-digit number of states were expected to join the proposed deal, the official said.

New York Attorney General Letitia James said in a statement the Justice Department deal “fails to address the monopoly at the center of this case” and that she would not agree to it.

“My attorney general colleagues and I have a strong case against Live Nation, and we will continue our lawsuit to protect consumers and restore fair competition to the live entertainment industry,” James said.

A release containing her statements said New York state was joined in its decision to continue pursuing claims by attorneys general in Arizona, California, Colorado, Connecticut, Illinois, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming and the District of Columbia.

In a release, Washington State Attorney General Nick Brown said the bipartisan group of state attorneys general who joined the Justice Department’s lawsuit in May 2024 would continue because the “case against Live Nation is strong, and the state coalition is committed to holding the company accountable for its illegal behavior, protecting consumers and restoring competition to this market.”

Adam Gitlin, a lawyer for the District of Columbia, told Subramanian that several states had not decided what they would do, including Texas, Florida and Louisiana. He said Texas had expressed “serious concerns” about the deal.

Gitlin requested a mistrial on Monday, a week after opening statements, but David Marriott, a lawyer for Live Nation, opposed the request. The judge informed the jury of the proposed deal and told jurors that “certain states are proceeding” with their claims and the trial was expected to resume next week.

Live Nation didn’t immediately respond to a request by The Associated Press for comment.

The continuation of the trial will leave the states to press claims to further dismantle a monopoly the Justice Department said was squelching competition and driving up prices for fans.

The case, brought under President Joe Biden ‘s administration in 2024, accused Live Nation of using threats, retaliation and other tactics to “suffocate the competition” by controlling virtually every aspect of the industry, from concert promotion to ticketing.

The Justice Department accused Live Nation of engaging in a slew of practices that have allowed it to maintain a stranglehold over the live music scene. It has said the company uses long-term contracts to keep venues from choosing rival ticketers, blocking venues from using multiple ticket sellers and threatening venues that they could lose money and fans if they don’t choose Ticketmaster.

Live Nation has maintained that artists and teams set prices and decide how tickets are sold.

Ticketmaster and Live Nation Entertainment, based in Beverly Hills, California, have a long history of clashes with major artists and their fans, including Taylor Swift and Bruce Springsteen.

Ticketmaster, which was established in 1976 and merged with Live Nation in 2010, is the world’s largest ticket seller across live music, sports, theater and more.

Alanna Durkin Richer, The Associated Press