Jury finds Live Nation and Ticketmaster liable for monopoly

A federal jury ruled on Wednesday that Live Nation and its Ticketmaster unit operated as a monopoly in the live entertainment industry. The verdict marks a major win for the Department of Justice and nearly 40 states in their antitrust case originally filed in 2024. Remedies, including possible divestitures, await a judge's decision.

On April 16, a jury in a New York federal court found Live Nation liable for maintaining monopoly power in primary ticketing at major concert venues and the large amphitheater market. The panel also affirmed claims of unlawful tying of artist promotion services to its amphitheaters and anticompetitive conduct harming competition in 33 states plus Washington, D.C. Jeffrey Kessler, lead counsel for the states after the DOJ settled mid-trial, called it a 'total victory.' Live Nation's lawyers had argued the company's success stemmed from superior services to artists, fans, and venues, but the jury rejected those defenses with unanimous affirmatives on the verdict form. The decision follows accusations that Live Nation threatened to withhold concerts from venues rejecting exclusive Ticketmaster deals and required its promotion services for artists playing company-owned amphitheaters. The jury determined Ticketmaster overcharged fans by an average of $1.72 per ticket, setting the stage for substantial damages. Judge Arun Subramanian will decide remedies in upcoming proceedings, potentially including a breakup of Live Nation and Ticketmaster or asset divestitures. States plan to propose solutions with experts in the coming months. A recent DOJ settlement, signed by six states, offers concessions like capping venue exclusivity at four years and service fees at 15 percent, but faces scrutiny under the Tunney Act. Senators including Amy Klobuchar urged close review, quoting Klobuchar: 'The only way to see a future for competition in ticketing, venues, and promotion would be breaking them up.' The settlement's timing drew judicial concern after a White House meeting reportedly involving CEO Michael Rapino. Live Nation announced plans to appeal and pursue post-trial motions challenging liability and damages testimony. In a statement, the company said the verdict is 'not the last word.' The outcome's impact on ticket prices and industry competition remains pending further court action.

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A New York federal jury heard closing arguments on April 9 in the Live Nation antitrust trial, with deliberations set to begin on April 10. The case, brought by 33 states and the District of Columbia after a U.S. Department of Justice settlement, focuses on whether Live Nation violated antitrust laws through exclusive practices. The states seek divestiture of Ticketmaster, while Live Nation defends itself as a fair competitor.

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State attorneys general have asked a federal judge to order Live Nation to sell off Ticketmaster following a recent jury verdict. The proposal came one month after the live music company was found to have operated as an illegal monopoly.

Tennessee's House Finance, Ways and Means committee voted down a bipartisan bill aimed at funding independent music venues. The 11-15 defeat came on April 16, despite the measure's earlier passage in the Senate. The legislation sought to establish a $2 million pilot program through fees on secondary ticket sales.

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Merch Traffic, the official merchandise supplier for Bruce Springsteen and the E Street Band, has filed a lawsuit seeking a nationwide injunction against counterfeit sellers. The action targets bootleggers outside tour venues, starting with Springsteen's upcoming show in New Jersey. The company aims to seize infringing products through the end of the tour in May.

 

 

 

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