Abuse of dominant position

Concerts, Live Nation settles with the US Department of Justice

Breakthrough in the trial: the company will sell 13 arenas, will not impose Ticketmaster and will pay $280m. But 25 states will continue the legal battle

by Francesco Prisco

Live Nation trova l’accordo con il Dipartimento di giustizia Usa nel processo per abuso di posizione dominante

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

The live music giant Live Nation Entertainment, owner of the ticketing platform Ticketmaster, has reached a settlement with the United States Department of Justice in the abuse of dominant position proceedings in the US market.

A 'win-win' deal: Live Nation will try to evade criticism from competitors and live music fans over its pricing policies, the Justice Department does not have to enter into what risked becoming a long and costly legal battle.

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But - to quote the most famous of the artists here under contract to Live Nation - there are those who say no: New York and 24 other states have declared that the agreement is insufficient and intend to go ahead in court. Unconvincing is the plan that the live music giant will have to sell up to 13 arenas and will not be able to retaliate against organisers who refuse to use Ticketmaster as a ticketing platform. Wall Street meanwhile is celebrating: the California-based company's shares are up around 6 per cent. The proposed agreement should prevent Live Nation, leader of the promoting segment also in Italia, from forcing artists to use Ticketmaster's ticketing if they perform in its arenas.

Ticketmaster will also be required to introduce a stand-alone product that allows third-party ticket-selling platforms, such as SeatGeek and StubHub, to connect to its technology, according to the report. Live Nation could pay up to $280 million to settle the state's claims under the settlement, the US Department of Justice said. The settlement will have to be approved by a judge to become enforceable, it said.

There is no shortage of criticism from various industry players that the compensation figure imposed on Live Nation is modest and the remedies to prevent abuse of dominance ineffective.

Fans and industry players had made several requests to examine Live Nation's takeover of Ticketmaster in 2010, after the company had forced Taylor Swift people into long virtual queues on the web, charging exorbitant prices for tickets for the "Eras Tour" 2022.

The US Department of Justice and 39 states thus filed a lawsuit against the concert major in May 2024, demanding the sale of Ticketmaster and alleging that the company had illegally inflated concert ticket prices and harmed artists. Of the 39 states plus Washington D.C. that originally filed the lawsuit with the Justice Department, only Arkansas, Iowa, Mississippi, Nebraska, Oklahoma, South Carolina and South Dakota have indicated they will join the settlement, according to court documents.

A lawyer for Live Nation said the company is seeking a broader, global resolution of the antitrust lawsuits at the state level. New York Attorney General Letitia James says she will not join the settlement because in her opinion it 'does not address the monopoly at the heart of this case and would benefit Live Nation at the expense of consumers'.

Other states that continue to participate in the case are Colorado and Arizona. Texas also has concerns about the Justice Department settlement. US District Judge Arun Subramanian suspended the trial to give the states time to prepare to continue without the Justice Department, which had taken the lead in the case.

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