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The Independent UK
The Independent UK
National
Larry Neumeister

Live Nation and Ticketmaster found to be an illegal monopoly by jury in antitrust trial

A federal jury has delivered a significant blow to Live Nation and its Ticketmaster subsidiary, finding they operate a harmful monopoly over major concert venues.

The verdict, reached Wednesday after four days of deliberation in a Manhattan court, marks a pivotal moment in a closely watched case brought by numerous U.S. states against the live entertainment behemoth.

Live Nation Entertainment's vast empire includes ownership, operation, booking control, or equity interests in hundreds of venues across the country.

Its subsidiary, Ticketmaster, is widely recognized as the world's largest ticket seller for live events, holding immense sway.

The civil lawsuit, initially spearheaded by the U.S. federal government, accused Live Nation of leveraging its extensive reach to stifle competition. This was allegedly achieved by blocking venues from utilizing multiple ticket vendors, limiting consumer choice and market dynamics.

The high-profile proceedings brought Live Nation CEO Michael Rapino to the witness stand. He faced intense questioning on various matters, including the company’s widely publicized Taylor Swift ticket debacle in 2022, which Rapino attributed to a cyberattack.

Live Nation CEO Michael Rapino (Getty)

The trial also aired damning internal messages from a Live Nation executive, Benjamin Baker. These communications declared some prices "outrageous," referred to customers as "so stupid," and boasted that the company was "robbing them blind, baby." Baker later testified apologetically, admitting the messages were "very immature and unacceptable."

Jeffrey Kessler, an attorney representing the states, delivered a powerful closing statement, arguing, "It is time to hold them accountable." He characterized Live Nation as a "monopolistic bully" whose practices directly contributed to inflated prices for ticket buyers.

Live Nation vehemently countered these claims, asserting it is not a monopoly. The company maintained artists, sports teams, and venues are the true arbiters of pricing and ticketing practices. A company lawyer, David Marriott, contended its considerable size was simply a function of excellence and effort, stating, "Success is not against the antitrust laws in the United States."

Ticketmaster, established in 1976, merged with Live Nation in 2010, creating the current industry giant. According to Kessler, the combined entity now controls an estimated 86% of the concert market and 73% of the overall market including sports events.

The company has long been a lightning rod for criticism from fans and artists. Grunge rock titans Pearl Jam famously battled the business in the 1990s, even filing an anti-monopoly complaint with the U.S. Department of Justice, which ultimately declined to pursue a case.

Over two dozen states are rejecting the DOJ‑Live Nation settlement, saying it doesn’t fully address monopoly concerns and vowing to continue their lawsuit (Getty)

Decades later, the Justice Department, joined by dozens of states, initiated the current lawsuit during the administration of President Joe Biden. However, days into the trial, President Donald Trump's administration announced it was settling its claims against Live Nation, taking a different approach.

This federal agreement included a cap on service fees at some amphitheaters and introduced new ticket-selling options for promoters and venues. These provisions potentially allowed, but did not require, them to open doors to Ticketmaster competitors such as SeatGeek or AXS. Crucially, the settlement did not compel Live Nation to split from Ticketmaster, a key demand.

While a handful of states opted to join the federal settlement, more than 30 pressed ahead with the trial. They argued the federal government had not secured enough meaningful concessions from Live Nation to address the alleged monopolistic practices.

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