Live Nation Trial Resumes as Majority of States Reject Settlement
March
14
Live Nation’s antitrust trial is set to resume on March 16 in a Manhattan federal court after a majority of U.S. states declined to join a proposed settlement reached between the live entertainment company and the U.S. Department of Justice (DOJ).
U.S. District Court Judge Arun Subramanian had set a Friday deadline for negotiations after news of a federal settlement emerged earlier in the week during the trial.
Attorneys-general from Arkansas, Mississippi, Nebraska, Oklahoma and South Dakota indicated they would accept terms identical to the federal proposal.
However, more than 30 other states and the District of Columbia chose not to join the agreement and will continue pursuing their claims in what will now proceed as a state-led trial.
Court proceedings had been temporarily paused earlier in the week while AEG Presents Chairman and CEO Jay Marciano was on the witness stand.
Proposed settlement terms
The proposed settlement between Live Nation and the DOJ still requires approval from the court. If approved, it would introduce several structural changes to the company’s operations.
Among the key provisions are the divestment of exclusive booking agreements with up to 13 amphitheaters and the creation of a $280 million settlement fund to address claims brought by participating states.
The agreement would also require Live Nation’s ticketing subsidiary, Ticketmaster, to open parts of its technology platform to rival ticketing companies. Third-party ticketing providers, including SeatGeek and others, would be able to distribute tickets using Ticketmaster’s infrastructure.
In addition, Ticketmaster would be restricted from limiting venues’ choice of ticketing providers and would need to offer venues the option of non-exclusive ticketing arrangements. Live Nation would also be required to terminate its preferred ticketing services agreement with Oak View Group.
According to the DOJ, the proposed settlement would remain in place for eight years.
Judge encourages further negotiations
During earlier hearings, Judge Subramanian expressed frustration that the court had not been informed about settlement discussions in advance. He encouraged both sides to continue negotiating in hopes of reaching a broader agreement with the remaining states.
Dan Wall, Live Nation’s executive vice president for corporate and regulatory affairs, told the court that reaching a deal within the tight deadline was unlikely due to the different claims and legal frameworks involved across the states.
“Not with that attitude,” Subramanian responded, urging the parties to continue exploring the possibility of a settlement.
Industry implications
The case stems from a 2024 lawsuit filed by the DOJ and multiple states alleging that Live Nation and Ticketmaster used their vertically integrated position across promotion, venues and ticketing to limit competition in the live entertainment market.
While the proposed federal settlement introduces several operational changes, some state attorneys-general and industry observers have suggested that the measures may not go far enough to address concerns about market dominance in the ticketing and live entertainment sectors.
With many states choosing to continue litigation, the outcome of the ongoing trial is expected to remain closely watched across the live music and ticketing industries.