Ticketmaster is an illegal monopoly, jury finds

Live Nation-Ticketmaster is an illegal monopolist, a Manhattan jury found, according to Bloomberg. The jury found the company liable on three counts: illegally monopolizing the market for live event ticketing, amphitheaters, and tying its concert promotions business with the use of its venues, Bloomberg reported.

The verdict, reached after several days of deliberation, leaves the live entertainment giant open to a potential breakup — which was the stated goal of the lawsuit back when it was filed by the Biden administration’s Department of Justice. Such an outcome would go far beyond the settlement that the Trump administration’s DOJ reached with Live Nation one week into trial. Still, Judge Arun Subramanian could opt for lesser remedies than a breakup, and any outcome will likely be the subject of appeals. Subramanian will also decide the total damages owed by the company based on the jury’s finding that Ticketmaster had overcharged consumers by $1.72 per ticket, according to The New York Times.

The trial spanned about six weeks, including a week-long break where the states went back to the negotiation table after the DOJ settled its claims with the company. Ultimately, 34 of the 40 attorneys general who went to trial decided to continue on with the litigation, seeking a broader outcome than the feds achieved, which included agreements that Live Nation would offload exclusive booking arrangements at 13 amphitheaters, and cap certain Ticketmaster fees.

Jurors heard from Live Nation executives including its CEO Michael Rapino, artists and their staff like Ben Lovett of Mumford & Sons and Drake’s manager Adel Nur, rivals like SeatGeek, and concert venue executives like the former CEO of Brooklyn’s Barclays Center. The states painted a picture of a company that used implicit threats of pulling concerts unless venues used their ticketing services, and with such wide reach over outdoor amphitheatres that it would be impossible for artists to do a tour of them in the US without going through Live Nation. The company countered that it offers a superior service, recognized by some customers who testified, and competes fiercely for business.

Representatives for Live Nation did not immediately respond to a request for comment on the verdict, but acting DOJ antitrust chief Omeed Assefi called the verdict “a fantastic outcome for the American people. DOJ and some states settled their case and got instant relief. The remaining states received a liability finding and will now move on to the next phase of a remedies trial. Everyone but Live Nation wins with this scenario.” New York Attorney General Letitia James, who led the coalition of states that continued litigating the case, called the verdict a “landmark victory.”

“A jury found what we have long known to be true: Live Nation and Ticketmaster are breaking the law and costing consumers millions of dollars in the process,” James said in a statement. “I am proud to have led a bipartisan coalition of attorneys general in bringing this case and look forward to continuing our work to hold Live Nation and Ticketmaster accountable.”

Several current and former antitrust enforcers also shared their responses online. Two former heads of the DOJ Antitrust Division, Gail Slater, who departed just weeks before the trial kicked off amid reports of corporate influence at the agency, and Jonathan Kanter, who filed the case during the Biden administration, congratulated state AGs for getting the case over the finish line. “You made antitrust history today,” Slater said of the state AGs. “This may be the most popular antitrust case ever,” Kanter wrote on X. “The rule of law is alive and well.”

Update April 15th: Added comment from DOJ and New York Attorney General.