A bipartisan coalition of more than 30 states pressed its antitrust trial against Live Nation Entertainment and its subsidiary Ticketmaster this week, rejecting a federal settlement that critics say fails to break the company’s monopoly grip on live music.
The states-led case resumed March 16 in Manhattan federal court — barely a week after the surprise decision by the Department of Justice to reach a settlement with Live Nation. The trial is ongoing and Live Nation is scheduled to put their witnesses on the stand.
Live Nation controls more than 80% of ticket sales for most significant concert and sports events in the country. This monopoly, they argue, has spiked ticket and entertainment prices across the country.
U.S. District Judge Arun Subramanian of the Southern District of New York had voiced frustration at learning of the DOJ pact on the eve of the trial, calling it disrespectful to the jury. Still, the states moved aggressively to pursue the case through trial.
New York Attorney General Letitia James declared in a statement that the federal settlement “fails to address the monopoly at the center of this case and would benefit Live Nation at the expense of consumers.”
Pennsylvania Attorney General Dave Sunday vowed the states would keep fighting “to hold Ticketmaster accountable and restore competition.”
The legal tussles over Live Nation’s monopoly position began in 2009 when it merged with Ticketmaster.
In 2010, the DOJ approved the merger with significant constraints under a consent agreement.
During the first Trump administration, the DOJ again found Live Nation was in violation of its consent agreement, and once again the company agreed to additional consents.
In recent years, the DOJ found Live Nation was not in compliance and moved to break up the company.
Testimony in the trial has underscored the stakes.
AEG Presents CEO Jay Marciano, whose company is Live Nation’s biggest rival, told jurors his venues lose concerts because artists are locked into Ticketmaster contracts.
Marciano noted U.S. service fees paid by venues average 25% — compared with roughly 15 percent in Europe — and cited country star Zach Bryan’s 2023 tour, where the artist tried to avoid Live Nation venues but still ended up at some after struggling for alternatives, Bloomberg reported.
Marciano conceded AEG is also vertically integrated, yet insisted fans would benefit from multiple ticketing options.
Live Nation’s U.S. Concerts President Bob Roux countered that the business is “high risk, low-margin,” with promoters offering artists guarantees of $20 million or more before tours begin.
He denied withholding shows from venues that drop Ticketmaster — “Not true,” he said — and described “extreme” competition, according to the AP.
Under questioning about internal messages, Roux explained a “velvet hammer” tactic: “Either we are together or we are competitors,” according to The New York Times.
Later, ticketing executive Benjamin Baker faced scrutiny over old instant messages in which he called customers “so stupid” and bragged about “robbing them blind, baby” on fees and parking.
Baker acknowledged the remarks were “very immature and unacceptable,” according to coverage of his testimony.
The DOJ settlement requires no breakup and no admission of wrongdoing.
Terms include a $280 million fund to address state damages claims, termination of exclusive booking agreements at 13 amphitheaters, a 15% cap on service fees at Live Nation venues, requirements to open amphitheaters to all promoters (allowing them to distribute up to 50% of tickets), licensing of Ticketmaster technology to rivals, and an eight-year extension of a 2010 consent decree.
Only seven states joined the federal deal. The rest — including California, Texas, Illinois and a broad bipartisan group — rejected it and have kept litigating.
The original 2024 lawsuit accused Live Nation of using its control over promotion, venues and ticketing to stifle rivals, inflate prices and coerce exclusive deals.
The timing of Antitrust Division chief Gail Slater’s removal raised eyebrows. She was terminated from her post on the eve of the trial.
Slater had pushed for aggressive remedies including possible divestitures or a break-up of Live Nation.
Even before her departure, she was sidelined from settlement talks, which accelerated after her exit, according to insiders.
Slater had pushed for the president’s policies to promote competition and reduce consumer prices in merger approvals. This put her at odds with other administration officials who wanted speedy merger approvals at any cost.
Think tanks have eviscerated the settlement.
In an analysis for The Sling, the Open Markets Institute’s Ron Knox labeled the deal “baffling and embarrassing,” saying it “solves nothing” and that the $280 million fund equals mere “days of Live Nation’s revenue.”
The American Economic Liberties Project called it “a disappointing reminder that monopolies crush competition and often escape meaningful accountability” in an official statement.
Live Nation had no comment for this report, though it previously hailed the DOJ outcome.
“Today marks a major step in improving the concert experience for artists and fans,” CEO Michael Rapino said in the company’s March 9 statement.
“We are proud to lead the way … by giving artists greater flexibility … while also keeping the cost of a concert more affordable,” he said.
The company insisted allegations were meritless and that it never relied on exclusivity—only quality.
For fans, the debate is personal and potentially costly.
Rich Fandre, a California superfan who has seen 355 concerts — including 50 since COVID restrictions lifted — sometimes flies cross-country for shows, buys Citi presale tickets, snaps up merchandise and pays $60 for parking and $45 for T-shirts.
“Ticketmaster and Live Nation aren’t always our friends,” he told Newsmax. “There are shows they’ve monopolized, including resales of tickets.”
He recalled queuing for Rush tickets via Citi Entertainment, holding three at $140 each — only to watch them vanish minutes later while prices jumped an additional $100 per ticket.
“To me, it was a cash grab. Everything was way too much,” he said, lamenting his effort to secure tickets at a reasonable price failed, meaning he’ll miss the concert.
At Dodger Stadium, aisle seats he specifically chose became non-aisle after extra chairs appeared. “The tickets I bought on the aisle were no longer on the aisle,” Fandre told Newsmax.
“They don’t bring anything to the party,” he said of his numerous experiences with Live Nation and Ticketmaster.
Paul Bond ✉
Paul Bond has been a journalist for three decades, writing stories reporters in legacy media typically ignore. His work has primarily appeared in Newsweek, USA Today, Reuters and The Hollywood Reporter.
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