Photo by Michele Eve Sandberg
Audio By Carbonatix
According to the Associated Press, Ticketmaster and Live Nation reached an unexpected settlement early Monday morning. Live Nation — which owns and operates several famous music venues in South Florida including the Fillmore Miami Beach, FPL Solar Amphitheater at Bayfront Park, and IThink Financial Amphitheatre — was charged by the U.S. Department of Justice (DOJ) accused the company (and its subsidiary Ticketmaster) of creating an anti-competitive market and driving up prices. Details of the settlement were not made immediately available. Neither Ticketmaster, Live Nation, nor the DOJ has released a formal statement as of 11 a.m.
Last week, a jury in New York City heard the opening statements in the long-awaited antitrust case against Live Nation and Ticketmaster. The suit, filed by the DOJ in 2024 and subsequently joined by more than 35 state attorneys general, including former Florida Attorney General Ashley Moody, could reshape the music industry entirely.
“Live Nation’s monopoly on the music industry harms fans through higher fees and hurts artists and venues through lack of options,” Moody said in a news release in 2024. “They leverage their extensive network of venues to force artists to select Live Nation as a promoter instead of alternatives. We are fighting to end these monopolistic practices and bring relief to Florida and fans who paid more than they would have in a competitive market for tickets.”
The suit alleges that Live Nation, through its ownership of Ticketmaster and collaboration with Denver-based venue development and management firm Oak View Group, has illegally monopolized the live music industry in violation of the Sherman Antitrust Act, utilizing anti-competitive tactics that hinder the broader music economy.
“One monopolist serves as the gatekeeper for the delivery of nearly all live music in America today: Live Nation, including its wholly owned subsidiary Ticketmaster,” reads the suit. “In Live Nation’s words, it is the ‘largest live entertainment company in the world,’ the ‘largest producer of live music concerts in the world,’ and ‘the world’s leading live entertainment ticketing sales and marketing company.’ Indeed, Live Nation is all these things, to the detriment of fans, artists, venues, and competition.”
The trial was, in part, driven by Taylor Swift’s 2022 blockbusting Eras Tour, which caused the Ticketmaster platform to crash, mostly due to high demand and scalpers mass-purchasing tickets to resell at significantly higher prices. After ticket prices soared into the thousands without any artist control, Swift personally criticized the platform on social media, describing the ordeal as “excruciating.” The DOJ investigation was initially launched in 2019, but following increased public scrutiny of Live Nation and botched Swift ticket presales, the department bolstered its efforts.
Live Nation, as a promoter, represents roughly 400 artists and, through Ticketmaster, completely controls ticketing at more than 265 venues across the country. In many instances, artists represented by Live Nation sign exclusionary deals limiting their performances to affiliated venues that only sell tickets through Ticketmaster and are operated by Oak View Group. This process creates a self-fulfilling revenue stream that the company calls its “flywheel.” Because of this business model, Live Nation is involved in 80% of all concert ticket sales. The company reported $25.2 billion in revenue and 159 million ticket sales in the 2025 fiscal year.
The DOJ is requesting that Live Nation be split from Ticketmaster, requiring the subsidiary to be sold, and that the company end its deals with Oak View Group to open competition in the market. The DOJ’s opinion is that, in a trickle-down effect, the split would increase take-home profits for artists, allow smaller independent venues to produce more shows and create greater concert accessibility for fans. The department has also requested the relief necessary to bolster competition, though it does not specify a number.
A jury was selected on request on Monday. The trial began on Tuesday and is expected to conclude sometime in April. If found culpable, Live Nation will have the opportunity to appeal the case to the United States Court of Appeals 2nd Circuit. A subsequent appeal would land the case in the United States Supreme Court. Thus far, Live Nation has spared no expense in attempting to have the case dismissed in the last two years and has indicated its intentions to exhaust the appeals process all the way to the top if need be. The company has emphatically denied any wrongdoing, saying the scale of its alleged monopoly is being exaggerated.
“Calling Ticketmaster a monopoly may be a PR win for the DOJ in the short term, but it will lose in court because it ignores the basic economics of live entertainment,” according to a Live Nation press release.
How We Got Here
In 2010, Live Nation merged with Ticketmaster with the DOJ’s approval. Because of concerns about monopolization, the DOJ imposed several stipulations in a 10-year decree to approve the merger. In 2019, at the expiration of the initial decree, the DOJ tightened the reins on Live Nation for failing to uphold its end of the bargain, specifically regarding retaliation against venues that refused to use Ticketmaster.
“Despite the prohibitions in the Final Judgment, Live Nation repeatedly and over the course of several years engaged in conduct that, in the Department’s view, violated the Final Judgment,” wrote the DOJ in a 2019 press release. “To put a stop to this conduct and to remove any doubt about defendants’ obligations under the Final Judgment going forward, the Department and Live Nation have agreed to modify the Final Judgment to make clear that such conduct is prohibited.”
The second decree, which imposed an automatic penalty of $1 millon per violation, expired on Dec. 31, 2025. In the meantime, the conglomerate is also being sued by the Federal Trade Commission for its ticket resale practices. That case will be heard at a later date in a California court.
While Live Nation has taken the throne as the lord of the live music world, Ticketmaster has faced at least 30 years of pushback from artists and concertgoers alike. Founded in Arizona in the mid-’70s, Ticketmaster has been criticized for its surcharges that prevent artists from keeping ticket prices within their ideas of what is reasonable.
In 1994, Pearl Jam famously boycotted Ticketmaster, attempting to book their nationwide tour in smaller independent venues. The attempt was unsuccessful when the band realized that the ticketing company already controlled most major venues. The tour was canceled, resulting in nearly $3 million in losses. The band testified before Congress, highlighting Ticketmaster’s monopolistic practices, prompting the DOJ to investigate. But the department dropped the issue without action in 1995.
Uphill Battle
The trial faces tumult as it moves through the legal system. The DOJ’s assistant attorney general for the Antitrust Division, Gail Slater, resigned from her position less than a month ago, with reports claiming that pressures from the Trump administration forced her out. The deputy for civil litigation, and second-in-command, Mark Hamer, had departed the department just a few weeks earlier, leaving huge vacancies in the antitrust department right as it gears up to face a high-powered corporate litigation team.
Additionally, the judge presiding over the case is District Judge Arun Subramanian, who just last year handed down a much lighter-than-expected verdict in the closely watched human trafficking case against Sean Combs. Already, Subramanian dismissed a portion of the case, including claims that Live Nation and Ticketmaster are responsible for driving up ticket prices by failing to control resale markets. But Live Nation and Ticketmaster will still go to court over violations of federal anti-competition clauses.
“With those claims gone, we see no possible basis for breaking up Live Nation and Ticketmaster,” Dan Wall, Live Nation’s executive vice-president for corporate and regulatory affairs, said in a statement. “We look forward to addressing the remaining claims at trial.”
Live Nation has frequently pushed for a settlement, and multiple attempts to have the case dismissed have been rebuffed. But with the support of major politicians on both sides of the aisle, a lengthy legal battle likely awaits.