DOJ and States Pursue Antitrust Case Against Live Nation-Ticketmaster

In May 2024, the U.S. Department of Justice (DOJ) and 40 state attorneys general initiated a lawsuit against Live Nation Entertainment, Inc. and its subsidiary Ticketmaster. The lawsuit alleges that the company engaged in anticompetitive practices that have led to inflated ticket prices for consumers. The DOJ claims that Live Nation has utilized exclusionary contracts, tied various aspects of its business together, and threatened financial retaliation to maintain its dominance in the market.

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Live Nation-Ticketmaster has faced scrutiny for its market practices for years, with consumer complaints about high ticket prices being a common concern. The current lawsuit is part of a broader effort by state attorneys general to address perceived monopolistic behavior in the ticketing industry, which has increasingly drawn public and governmental attention.

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California Attorney General Paula Blizzard and Tennessee Attorney General Jonathan Skrmetti are among the prominent figures leading the charge against Live Nation-Ticketmaster. Blizzard has expressed confidence in proceeding to trial, stating, “We look forward to going to trial on March 2 against Live Nation.” The DOJ's antitrust division, now led by Omeed Assefi, has indicated a strong commitment to pursuing the case, with Assefi emphasizing the importance of trial over settlements.

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Live Nation-Ticketmaster has publicly criticized the lawsuit, asserting that it overlooks the actual factors contributing to rising ticket prices. The company stated in a blog post that the lawsuit “ignores everything that is actually responsible for higher ticket prices.” Meanwhile, state attorneys general have voiced their determination to maintain a rigorous approach to the case, with Connecticut Attorney General William Tong emphasizing that any politically motivated settlement would not be acceptable.

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Critics of the lawsuit have raised concerns about the potential for political influence on the DOJ's actions. Gwendolyn Lindsay Cooley, a former Wisconsin antitrust chief, noted that state enforcers are prepared for changes in trial partnerships and are committed to pursuing the case aggressively. She remarked, “The states are no stranger to real politik,” indicating that they are ready to adapt to shifts in priorities or personnel within the DOJ.

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Jury selection for the trial is scheduled to begin on March 2, 2024. The outcome of this case could have significant implications for the ticketing industry and the enforcement of antitrust laws in the United States. Should the DOJ choose to settle, it is likely that the states would continue to pursue the litigation independently, reflecting a robust commitment to addressing anticompetitive practices in the market.

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• “We look forward to going to trial on March 2 against Live Nation,” — Paula Blizzard, California Attorney General

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• “Any resolution that is politically motivated or impacted, or any settlement that comes from trying to placate the president or meet his demands is not likely to fly with Connecticut or California either,” — William Tong, Connecticut Attorney General

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• “The states are no stranger to real politik” — Gwendolyn Lindsay Cooley, Former Wisconsin Antitrust Chief

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