United States v. Live Nation Entertainment

United States, et al. v. Live Nation Entertainment, Inc. and Ticketmaster Entertainment, LLC is an antitrust lawsuit brought by the U.S. Department of Justice (DOJ) and twenty-nine states and Washington, D.C., against entertainment company Live Nation Entertainment and its subsidiary Ticketmaster, following the Taylor Swift–Ticketmaster controversy in 2022.
Filed on May 23, 2024, the lawsuit alleges that Live Nation has a monopoly on the live event sector. The case was filed before the United States District Court for the Southern District of New York. If successful, Live Nation Entertainment may be forced to sell Ticketmaster.
Politico reported that the lawsuit followed "years of backlash from consumers, rivals and lawmakers against Ticketmaster and its parent company."
In 2009, Live Nation and Ticketmaster announced plans to merge to become the present-day company Live Nation Entertainment. At the time, Ticketmaster had been dominant in ticket sales for over twenty years. Documents obtained by the DOJ found that Live Nation's entry into the ticketing market in December 2008 posed a threat to Ticketmaster's market share, and the merger effort was announced two months later.
The merger announcement received criticism from artists including Bruce Springsteen and several consumer groups. The DOJ ultimately permitted the merger to proceed, with both parties being required to sign a 10-year consent decree. The agreement was intended to prevent the company from engaging in anti-competitive behavior, including retaliation against independent venues.
Following the merger, Live Nation's Ticketmaster faced allegations that it engaged in anti-competitive behavior that violated the 2010 consent decree. In 2019, the DOJ probed the company over allegations that Live Nation leveraged its dominance in concert touring to coerce venues into signing contracts with Ticketmaster. In December 2019, the DOJ announced that Live Nation Entertainment agreed to amend and strengthen the consent decree.
Following the Taylor Swift–Ticketmaster controversy in 2022, congressional lawmakers urged antitrust action against Ticketmaster. In November 2022, it was reported that the DOJ was conducting an antitrust probe into Ticketmaster's compliance with the 2019 agreement. Politico reported in July 2023 that the DOJ's probe into Ticketmaster had progressed, and that a formal antitrust lawsuit against Live Nation was possible.
On May 23, 2024, the Department of Justice formally announced its antitrust lawsuit against Live Nation Entertainment, accusing the company of illegally monopolizing the live event market. During a news conference, Attorney General Merrick Garland stated "It is time to break it up" in reference to the company. The DOJ's legal team includes over a dozen attorneys under the leadership of Jonathan Kanter, the Assistant Attorney General for the Antitrust Division.
The DOJ was joined in filing the lawsuit by twenty-eight state attorneys general, as well as the attorney general for the District of Columbia. The DOJ and states are pursuing a jury trial in the case. On August 19, 2024, ten additional state attorneys-general joined the lawsuit, bringing the total number of co-plaintiffs to 40.
A poll conducted by Global Strategy Group in 2023 found that 60% of Americans would support efforts to break up Live Nation's Ticketmaster. The proposal was supported by 72% of Democrats, 50% of Republicans, and 46% of independents.
Commentators have noted that the lawsuit follows a number of high-profile antitrust lawsuits launched under the Biden administration, including against Apple, Amazon, and Google. Additionally, on May 24, 2024, a day after the DOJ case was filed, a consumer case seeking $5 billion in damages from Live Nation Entertainment on potentially millions of individuals who purchased tickets through Ticketmaster was filed.