In a significant development in the ongoing antitrust litigation against Live Nation Entertainment and its subsidiary, Ticketmaster, 28 states have appointed a prominent litigator to continue pursuing the breakup of the entertainment conglomerate. This move comes in response to a recent settlement between the U.S. Department of Justice (DOJ) and Live Nation, which many state attorneys general have criticized as insufficient.
The DOJ’s settlement, announced earlier this week, includes provisions such as allowing competing platforms to sell tickets, capping service fees at 15% for certain venues, and requiring Live Nation to divest control of 13 amphitheaters. Additionally, a $280 million fund has been established for civil penalties, contingent upon state participation. Despite these measures, the agreement has faced substantial opposition from state officials who argue that it fails to dismantle Live Nation’s alleged monopoly or adequately protect consumers, artists, and smaller venues.
New York Attorney General Letitia James stated that the settlement “fails to address the monopoly at the center of this case” and that her office, along with attorneys general from over two dozen states, will continue the lawsuit to “restore fair competition to the live entertainment industry.” The coalition includes states such as 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.
Critics of the DOJ’s settlement, including North Carolina Attorney General Jeff Jackson, have described it as “barely a slap on the wrist.” Similarly, Illinois Attorney General Kwame Raoul expressed concerns that the agreement lacks sufficient protections for consumers and independent stakeholders in the live entertainment industry. The National Independent Venue Association has also voiced opposition, asserting that the deal does not provide explicit safeguards for fans, artists, or small venues.
In light of these concerns, the coalition of 28 states has engaged a distinguished litigator to lead the continued legal efforts against Live Nation. The appointed attorney, known for a track record in high-profile antitrust cases, is expected to bring significant expertise to the case. The states aim to achieve a more comprehensive remedy that addresses the alleged monopolistic practices and restores competition in the live entertainment market.
As the litigation progresses, the outcome of this case could have far-reaching implications for the live entertainment industry, potentially reshaping the landscape of concert promotion, ticket sales, and venue operations across the United States.