Tag: antitrust

  • The Verdict … And in other news (17.04.26)

    TJ Chambers

    (c) dreamstime.com

    So, it had been a couple of busy days, with projects from Amsterdam, then Sheffield and finally London all demanding a level of consulting care and attention, and I was finally home, having some supper, routinely checking the email, and then Leah Nylen (Bloomberg Newsjournalist and specialist in antitrust and corporate investigations) posted on Bluesky Social: ‘And we have a verdict in Live Nation!’

    My immediate reaction was that I guessed it wasn’t going to be an early night after all.

    ***

    Verdict!

    She quickly and effectively outlined the key facts relating to the antitrust trial outcome.

    https://bsky.app/profile/leahnylen.bsky.social/post/3mjkksnmbg22x

    Whilst digesting the initial media coverage from NBC News (Live Nation illegally monopolized ticketing market, jury in antitrust trial finds, Allie Canal, Chloe Atkins and Adam Reiss, 15th April, 2026 – https://www.nbcnews.com/business/consumer/livenation-illegally-monopolized-ticketing-market-jury-antitrust-trial-rcna273714), The Hollywood Reporter (Live Nation Loses Jury Trial to States In Monopoly Case, Ethan Millman, 15th April 2026 – https://www.hollywoodreporter.com/music/music-industry-news/live-nation-trial-verdict-1236561243/), Rolling Stone (Live Nation Verdict: Jury Says Concert Giant Is An Illegal Monopoly in Total Defeat, Bill Donahue, 15th April 2026 – https://www.billboard.com/pro/live-nation-verdict-ticketmaster-loses-antitrust-trial/), and Deadline (Live Nation Is An Illegal Monopoly, Jury Decides; CA AG Calls Verdict “Historic & Resounding Victory For Artists, Fans”, Dominic Patten, 15th April 2026 – https://deadline.com/2026/04/live-nation-monopoly-trial-verdict-1236861889/), it quickly became apparent that despite the withdrawal last month by the Department Of Justice (DOJ) from the court proceedings (as part of settlement with Live Nation which agreed to a $280M fine as well as some contractual changes governing amphitheatre management, ticketing rights and associated capped ticket service fees), some thirty-four US States who continued with the lawsuit had successfully convinced the nine-person jury that Live Nation-Ticketmaster is an illegal monopoly, and had overcharged US ticket-buyers.

    ***

    The DOJ Settlement (Recap)

    As covered off in a previous post (The Settlement … And in other news (27.03.26) – https://tjchambers.blog/2026/03/28/the-settlement-and-in-other-news-27-03-26/) on 2nd March 2026, jury selection for the antitrust case started, with opening statements initiated the following day.

    On the 5th March, the senior figures from the DOJ and representatives of Live Nation secretively met at the White House, and a tentative settlement was then announced (Live Nation Entertainment Reaches Settlement With U.S. Department of Justice, 9th March 2026 – https://newsroom.livenation.com/statements/live-nation-entertainment-reaches-settlement-with-u-s-department-of-justice/), to the surprise of the Judge, and even members of the DOJ trial team.

    Many of the US States involved in the proceedings felt the Settlement announced was inadequate and decided to continue with their action, and so the trial proceeded.

    Earlier this week (14th  April 2026) six US Senators (Amy Klobuchar, Elizabeth Warren, Cory Booker, Richard Blumenthal, Mazie Hirono, and Peter Welch) had called on Judge Arun Subramanian to ‘closely scrutinize’ Live Nation’s surprise settlement, as they claimed the deal was made ‘in response to political pressure rather than the public interest’ and further stated ‘This settlement appears to be part of a larger pattern of Justice Department officials reportedly overruling antitrust enforcers for political reasons.’ (Klobuchar, Warren, Colleagues Urge Court to Scrutinize DOJ’s Live Nation-Ticketmaster Settlement – https://www.klobuchar.senate.gov/public/index.cfm/news-releases?ID=916E5022-2BB3-4206-8D95-6645D75A55CA).

    Earlier reporting from the Wall Street Journal (The Threats and Bare-Knuckle Tactics of MAGA’s Top Antitrust Fixer, Dana Mattioli, Rebecca Ballhus, and Josh Dawsey, 20th March 2026 – https://www.wsj.com/us-news/law/lobbyists-antitrust-trump-davis-f6a02e04) revealed that the ‘Settlement’ was largely due to political pressure from within the White House and that President Trump was also implicated, but ‘not even the trial team for the DOJ was involved with, or informed about, [the settlement]’ – ‘How an Antitrust Rock Star Won a ‘Total Victory’ Against Live Nation’, Jon Blistein, 16th April 2026 – https://www.rollingstone.com/music/music-features/live-nation-trial-jeffrey-kessler-interview-1235548203/).

    (See also: Senators Call on Court to Examine ‘Suspicious Circumstances’ Around Live Nation Settlement, Jon Blistein, 14th April 2026 – https://www.rollingstone.com/music/music-news/live-nation-settlement-senators-judge-examine-deal-1235547206/ + Senators Call for Court to Scrutinize DOJ’s Live Nation-Ticketmaster Settlement, Jem Aswad, 15th April 2026 – https://variety.com/2026/music/news/klobuchar-warren-question-live-nation-ticketmaster-1236722076/.)

    ***

    Verdict – Breaking News [Insert Celebration Emoji]

    Elsewhere, the various State Attorney General began to announce their win.

    https://bsky.app/profile/philweiser.bsky.social/post/3mjkljv3kpc26

    https://bsky.app/profile/dcattorneygeneral.bsky.social/post/3mjkmmvexek2t

    https://bsky.app/profile/agrobbonta.oag.ca.gov/post/3mjkmp6zgls2d

    https://bsky.app/profile/newyorkstateag.bsky.social/post/3mjknp72d3k2n

    https://bsky.app/profile/ag.state.mn.us/post/3mjkoylecs225

    ***

    Hi! BBC Radio 5

    And then the mobile phone rang, ‘Hi this is BBC Radio 5, and we’d like to get a comment for our late-night news service on the just announced Live Nation jury verdict’.

    Sorry, but no.

    An explanation of what has just occurred is going to take a little time to digest let alone explain.

    Not least because following the verdict announcement, Judge Arun Subramanian told the US States, and the DOJ to meet and work together to propose a schedule of remedies, as required by the Antitrust Procedures and Penalties Act (‘Tunney Act’).

    This process is likely to take several months, and inevitably Live Nation Entertainment (LNE) will also appeal.

    Additionally, whilst the jury did find that LNE had overcharged consumers by $1.72 per ticket, the calculation of final damages will depend upon the definition of which of Ticketmaster’s hundreds-of-millions of ticket transactions, and over what time period, were affected.

    ***


    The Live Nation Reaction

    An hour or so after the original verdict announcement, LNE responded (Statement From Live Nation Entertainment, 15th April 2026 – https://newsroom.livenation.com/statements/statement-from-live-nation-entertainment/) with a statement that claimed, ‘The jury’s verdict is not the last word on this matter.’

    LNE further stated that it had various legal disputes with the calculation of any liability or damages and reserved the right to appeal against any rulings by the Judge.

    LNE then discussed their understanding of the $1.72 per ticket overcharge figure and outlined their initial perspective on potential damages.

    ‘The jury’s award of $1.72 per ticket applies to a limited number of tickets – those sold at 257 venues, which represent about 20% of total tickets – and only to purchases by fans (excluding brokers) in certain states over the past five years. Based on that scope, we believe the aggregate single damages figure would be below $150 million, which would be trebled.  In connection with the DOJ settlement, Live Nation has already accrued $280 million toward state damages and civil penalty claims’

    Lastly, LNE stated, ‘We remain confident that the ultimate outcome of the States’ case will not be materially different than what is envisioned by the DOJ settlement’.

    ***

    So, after five weeks of trial and testimony from dozens of witnesses, there is a jury verdict, some jubilant Attorney General’s, and much social media celebration.

    Whilst LNE maintains that it will prevail, but what else would they say, and it would be naïve to expect a $36Bn Market Cap corporation to simply go gently into the good night.

    However, Live Nation-Ticketmaster has been found guilty of operating as an illegal monopoly, dominating the US live events and ticketing industries, and overcharging fees to consumers.

    Even if it escapes the structural remedies demanded by some critics (including a de-merger splitting the two companies apart), and instead only (only?) has to pay a series of fines, of hundreds of millions of dollars, and/or modify its operating practices, it’ll never remove that reputational stain.

    More (obviously) to follow.

    ***

    And in other news, on Thursday 16th April 2024 in London there was the latest meeting of the APPG (All Party Parliament Group) on Ticket Abuse at Portcullis House.

    Attending was Jeff Smith MP, the new chair following Sharon Hodgson’s appointment as Minister for Public Health and Prevention, Lord Moynihan, Ian Murray MP the Minister of State DCMS & DSIT, as well as representatives of FanFair Alliance, Which?, LIVE (Live Music Industry Venues And Entertainment), The NAA (National Arenas Association), The FAC (Featured Artists Coalition), The MMF (Music Managers Forum), AXS, Ticketmaster UK, the Royal Albert Hall, the O2 Arena, various band managers, Rob Davies from The Guardian, and other ticketing industry observers.

    Apparently, whilst Jeff Smith and Ian Murray remain ‘confident, no highly confident’ that new legislation on capping ticket resale will be included in the Kings Speech (scheduled for the 13th May 2026), the assembly was however advised that legislation could only be included if Parliamentary time allows, especially given the current backlog in the House of Lords.

    So, all parties were invited to publicly lobby for inclusion within the Kings Speech of the new ticketing regulations ensuring the successful conclusion of a multi-year campaign against criminal and fraudulent ticket resale, and trust that the Labour Party manifesto commitment would be implemented.

    Until the next time.

    ***