Several state attorneys general say they are prepared to pursue an antitrust trial against Live Nation even if the US Department of Justice reaches a settlement with the company.
That’s according to Bloomberg News, which cited an interview with California Attorney General Rob Bonta and Connecticut Attorney General William Tong.
Bonta told the news outlet: “I think we have to explore settlement in good faith, and if it meets our very high standards of what is necessary, pursue it.”
However, Bonta was skeptical that any deal would go far enough. “But there’s a high probability that they’ll settle, it’ll be soft, and they won’t get all the relief they should.” If that happens, Bonta said he’s willing to “go to the mat and take it to trial” if he doesn’t think a settlement is enough.
The DoJ and more than three dozen states are scheduled to go trial against Live Nation on March 2. The DoJ is engaged in ongoing settlement discussions with the company, Bloomberg said, citing people familiar with the matter.
“there’s a high probability that they’ll settle, it’ll be soft, and they won’t get all the relief they should.”
Rob Bonta, California Attorney General
However, the political backdrop has added uncertainty to a settlement. Bloomberg said the ouster of DoJ antitrust chief Gail Slater last week over disagreements with people in the department has prompted concern among lawmakers and outside observers that Live Nation could secure a lax settlement.
Connecticut Attorney General William Tong told Bloomberg that state attorneys general plan to meet later this week to discuss the case without federal government participation. “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.”
The DoJ filed the antitrust suit against Live Nation and Ticketmaster in May 2024, alleging “monopolization and other unlawful conduct that thwarts competition in markets across the live entertainment industry.”
In March last year, federal court Judge Arun Subramanian rejected Live Nation’s attempt to dismiss parts of the DoJ’s case. The judge wasn’t swayed by the company’s arguments against prosecutors’ “tying” claim, which accused Live Nation of forcing artists to use its concert promotion services if they want to perform at Live Nation-owned venues.
“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
In late November, Live Nation filed a motion asking for a quick end to the DOJ’s antitrust case, saying the lawsuit is based on “gerrymandered” evidence that doesn’t meet the legal criteria for monopoly power.
In addition to the lawsuit brought by the DoJ, Live Nation is also facing litigation from the US Federal Trade Commission, which has accused the company of profiting from scalpers operating on its platform. Joining the FTC in the lawsuit are the attorneys general of seven states: Colorado, Florida, Illinois, Nebraska, Tennessee, Utah and Virginia.
On January 6, Ticketmaster and Live Nation asked a federal judge to throw out the FTC’s lawsuit.
Separately in December, a class action by consumers received certification, and another group of plaintiffs that includes Taylor Swift fans survived a dismissal motion in November related to the Eras Tour presale.
Also in late December, defunct ticketing company Fanimal, based in Santa Monica, California, sued Ticketmaster and Live Nation over their alleged anticompetitive tactics that drove it out of business.
Overseas in Canada, a class action lawsuit filed in Quebec against Ticketmaster‘s fee practices has made progress after Quebec Superior Court Justice Eleni Yiannakis ruled that the case can proceed to trial.
The lawsuit, filed by law firm Paquette Gadler Inc. in August 2024 on behalf of Montreal resident and immigration lawyer Felipe Morales, alleges that Ticketmaster‘s service fees breach Quebec’s Consumer Protection Act and Civil Code.
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