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States Resume Live Nation Trial in Manhattan as Senators Push Tougher Antitrust Oversight

State attorneys general now lead the case seeking stronger remedies than the DOJ’s tentative deal.

Overview

  • More than 30 states and the District of Columbia pressed on with the antitrust trial against Live Nation and Ticketmaster after federal prosecutors withdrew under a tentative settlement.
  • The proposed DOJ deal would let venues use multiple ticketing vendors, allow outside promoters at select Live Nation amphitheaters, cap amphitheater service fees at 15%, divest 13 amphitheaters, extend oversight eight years, and include payments up to $280 million.
  • Trial testimony highlighted private Slack messages in which a Live Nation ticketing employee mocked fans and boasted about “robbing them blind,” comments he apologized for as the judge allowed the messages into evidence despite the company’s objections.
  • Prosecutors and the company sharply dispute market power, with a DOJ lawyer citing more than 85% share in ticketing for major concert venues and Live Nation contending the figure is closer to 40% in a broader market.
  • Sen. Amy Klobuchar introduced legislation to strengthen judicial review of antitrust settlements, and Sen. Richard Blumenthal released a report urging states to seek a breakup while criticizing the DOJ deal as insufficient.