Ticketmaster parent company Live Nation has reportedly struck a tentative settlement with the Department of Justice that could allow it to avoid a breakup amid allegations it controlled an illegal monopoly that allowed it to “suffocate the competition.”
However, some of the states in the bipartisan group that accused the 2010 Ticketmaster-Live Nation merger of leading to exorbitant ticket prices for Taylor Swift fans and other concertgoers have signaled that they plan to refuse the settlement and continue the trial.
Judge Arun Subramanian on Monday blasted both parties involved in the tentative deal, saying no one had informed him of the settlement until late Sunday – even though a term sheet for the possible agreement was signed Thursday.
“It’s entirely unacceptable,” he fumed.
Live Nation and the Department of Justice did not immediately respond to The Post’s requests for comment.
A senior DOJ official told the Associated Press that the proposed settlement would lower ticket prices, calling it a “win-win for everybody” that would bring immediate relief to consumers.
Live Nation will create a $280 million settlement fund, and the company would also be forced to divest itself of at least 13 exclusive booking agreements with amphitheaters across the country.
All owned and operated amphitheaters will continue to be operated by the company as open venues, according to Live Nation.
“Live Nation is proud to lead the way enhancing this experience with our amphitheaters, which will be open to all promoters, allowing these promoters to decide how best to distribute up to 50% of the tickets, and capping ticketing service fees at 15%,” said Live Nation President and CEO Michael Rapino.
“By giving artists greater flexibility in choosing their promotional partners and ticketing strategy while also keeping the cost of a concert more affordable for fans, we are putting more power where it should be – with artists and fans,” added Rapino.
The deal would include a $280 million fine on Live Nation, and the company would also be forced to divest itself of at least 13 ampitheaters across the country, the official told the outlet.
An unspecified double-digit number of states are expected to sign on to the deal, the official said – though many others are planning to shun the offer.
“For years, Live Nation has made enormous profits by exploiting its illegal monopoly and raising costs for shows,” New York Attorney General Letitia James said in a statement Monday.
“The settlement recently announced with the US Department of Justice fails to address the monopoly at the center of this case, and would benefit Live Nation at the expense of consumers. We cannot agree to it.”
The attorneys general of 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 DC also plan to continue the lawsuit, according to James.
The lawsuit – filed under the Biden administration in 2024 – has accused Live Nation of using threats and retaliation to “suffocate the competition” by controlling virtually every aspect of the live entertainment industry.
Live Nation and Ticketmaster use long-term contracts to prevent venues from switching to rivals and threaten venues that they could lose fans – and revenue – if they switch to another entertainment provider, according to the suit.
The ticketing giant, meanwhile, has denied these claims, arguing its ticket prices are set by music artists and their management.
Adam Gitlin, a lawyer for the District of Columbia, told the judge that several states – including Texas, Florida and Louisiana – have not yet decided whether to accept the deal.
Texas, in particular, had expressed “serious concerns” around the nature of the settlement, Gitlin added.
He requested a mistrial on Monday, but David Marriott, a lawyer for Live Nation, opposed the request.
Judge Subramanian told jurors that “certain states are proceeding” with their claims against the company and that the trial would resume next week.
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