LIVE NATION LOSES IN COURT, JURY DECIDES THEY ARE, ALONG WITH TICKETMASTER, A MONOPOLY

Ethan Millman of The Hollywood Reporter reports:

Live Nation Entertainment has been found liable in its bombshell monopoly lawsuit a major move that could drastically shake up the live music landscape as a judge now decides the penalty Live Nation and Ticketmaster should face.

After a weeks-long trial that featured testimony from Live Nation CEO Michael Rapino as well as other major industry stakeholders such as AEG Presents CEO Jay Marciano and Drake’s manager Adel Nur, jurors ruled on Wednesday that Live Nation functions as a monopoly that has squashed competitors and driven up ticket costs for fans. The bulk of the claims jurors focused on were related to requirements for artists at Live Nation’s amphitheaters, as well as claims that Live Nation strong-armed concert venues to use Ticketmaster if they wanted access to Live Nation’s concerts.  

The verdict comes two years after the DOJ and nearly 40 plaintiff states had first announced a lawsuit against the live music giant in May of 2024, with the department taking an aggressive and rare call to break up Live Nation and Ticketmaster over a decade after the DOJ had originally allowed the merger over a decade prior.

The DOJ, however, surprised the court after confirming it had reached a settlement with Live Nation just days after the trial started. A few of the plaintiff states joined in settling alongside the federal government, but over 30 states — including market leaders California, New York and Texas — decided to keep litigating on their own, enlisting prominent antitrust lawyer Jeffrey Kessler as their counsel.

With the verdict decided, the next question remains what remedies Judge Arun Subramanian will deem necessary, and if that would include a breakup. While a divestment of Ticketmaster and Live Nation was the solution the DOJ had originally sought, without the DOJ’s involvement, it’s unclear how realistic that remedy would be. States have the same authority to pursue certain remedies, including a breakup, under the Clayton Act.

Gail Slater, the former assistant attorney general for anitrust who had stepped down before the Live Nation trial began, tweeted out praise to the plaintiff states on Wednesday, writing that they had You “made antitrust history today.”

“Live Nation and Ticketmaster must be broken up now,” said National Independent Venue Association director Stephen Parker  “Ticketmaster should not be permitted to participate in the ticket resale market. Live Nation should not be able to promote more than 50% of artists’ tours. And the damages paid to the states should be remitted to the independent venues, promoters, festivals, and fans that have suffered under Live Nation’s monopolistic reign over the last 15 years.”