Napolitano to Newsmax: DOJ Talks Raise Questions in Live Nation Case

Live Nation is holding talks with senior Justice Department officials in an effort to avoid a high-profile antitrust trial, a move that raises questions about the political nature of the case rather than its legal merits, former New Jersey Superior Court Judge Andrew Napolitano said Monday on Newsmax.

The Justice Department, joined by 30 states, sued Live Nation in 2024, alleging the concert promoter operates an illegal monopoly that inflates ticket prices and harms performers and consumers.

"The question is, is Live Nation an illegal monopoly?" Napolitano said on "Bianca: Across the Nation." "Did it become an illegal monopoly when it bought Ticketmaster in the Obama administration? Or is Live Nation a bad thing, because the man in the Oval Office doesn't like some of the entertainers whose tickets they promote and sell?

"I don't mean to be facetious, but that is a legitimate question to ask, because the issue here is Live Nation's lawyers are not negotiating with antitrust lawyers from the Justice Department. They're negotiating with political appointees from the Justice Department, who, of course, are subject to the wishes of the president."

Napolitano emphasized that "the problem came about when the Antitrust Division allowed this acquisition. ... By doing that, it made Live Nation a legal monopolist."

He said it's not unusual for a later Justice Department to challenge decisions made by a previous administration, even years after a merger was approved. He said courts have, in the past, ordered breakups of companies whose market dominance was once deemed permissible.

"This happens all the time," he said, adding that a judge could ultimately decide it's time to break up the company.

Napolitano also noted that antitrust enforcement traditionally cuts across political and ideological lines, but said the Live Nation case stands out because of the level of political involvement in negotiations.

"Antitrust cuts across ideology and politics," he said. "But negotiating with the White House does not."

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