Live Nation, Ticketmaster settled the DOJ’s antitrust case, but Pa., N.J. and other states push forward with a trial

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Last week, the U.S. Department of Justice reached a tentative settlement in its antitrust lawsuit against entertainment company Live Nation, which owns ticket marketplace Ticketmaster. The agreement would alter how the music conglomerate negotiates ticketing deals, in a hopeful win for concertgoers.

The Justice Department has withdrawn its claims, but more than 30 states, including Pennsylvania and New Jersey, say provisions in the deal are not enough to disentangle Live Nation’s monopoly and are rejecting the settlement. The company has its hands in ticketing, booking, promotion and venue operations across the globe.

So the case resumed Monday in a Manhattan federal courtroom, and lawyers with state attorneys general led questioning.

Separately, a report by tech advocacy group Chamber of Progress released the same day details the “troubling connections” between Live Nation and concert halls, claiming independent venues are too often forced to depend on the corporate behemoth.

Industry experts believe the settlement won’t do enough to bring down ticket costs or protect independent venues. And the judge presiding over the case criticized how the settlement came together, saying it was “entirely unacceptable” that he was left out of the loop until shortly before the agreement was announced.

Here’s what to know about the lawsuit, the settlement, the new report and Live Nation’s influence in Philadelphia.

What are the terms of the settlement?

The deal lets venues use multiple ticket vendors, rather than letting Ticketmaster set exclusive contracts. And under the deal, Live Nation agreed to let venues it owns or operates sell half of their tickets through competing platforms and to allow performers to use outside promoters. The company will also let other retailers like Stubhub, Vivid Seats and Eventbrite list tickets on Ticketmaster’s platforms.

The company also agreed to cap service fees at 15% at venues it owns, divest from 13 U.S. amphitheaters and pay a $280 million fine. Live Nation’s consent decree with the Justice Department, which enables oversight, will continue for eight years.

After the deal was announced, the attorneys general of Pennsylvania and New Jersey said they planned to continue with the original lawsuit.

“Pennsylvania joined this bipartisan coalition because free markets require real competition,” AG Dave Sunday said in a statement. “While the federal government has chosen to settle, Pennsylvania and our partner states are committed to continuing this case to hold Ticketmaster accountable and restore competition to the entertainment marketplace.”

New Jersey AG Jennifer Davenport said the settlement doesn’t adequately fix the harm Live Nation has done to the marketplace.

“We are willing and able to stand with other partner states to continue litigating this case without the federal government so that we can hold Live Nation accountable in court and secure appropriate relief in this case,” she said in a statement.

David Dahlquist, a DOJ lawyer, had told jurors that the company controls more than 85% of the ticketing marketplace for “major concert venues” — meaning a capacity of at least 8,500 people and 10 concerts a year. The closest competitor is AXS, which controls just under 10%. The company contended that Ticketmaster’s market share is 40%, due to difficulties partnering with stadiums and arenas.

Why did the Justice Department sue Ticketmaster?

Live Nation, which merged with Ticketmaster in 2010 and made $25 billion last year, has been accused of running an illegal monopoly, pressuring the music industry to use its services and unnecessarily raising the price of tickets.

The consent decree signed during the merger told the company to not withhold concerts from venues that pursue ticketing deals with other companies. In 2019, the Justice Department investigated and found the company to have violated that decree; the two camps then agreed to amend and extend the decree through 2025.

In 2024, former President Joe Biden’s DOJ, along with 30 state attorneys general and district attorneys, sued the company for “monopolization and other unlawful conduct that thwarts competition in markets across the live entertainment industry.”

In a statement about the new settlement, Michael Rapino, president and CEO of Live Nation, said, “We have never relied on exclusivity to drive our ticketing business, it has simply been the result of having the best products, services and people in the industry.”

What does the Chamber of Progress report say?

Stephen Parker, executive director of the National Independent Venue Association, criticized the settlement, saying in a statement that it “does not appear to include any specific and explicit protections for fans, artists, or independent venues and festivals,” and that the fine equals just four days of Live Nation’s revenue.

NIVA was founded during the COVID-19 pandemic to pursue support for the thousands of venues and promoters it represents.

Chamber of Progress’ report claims that NIVA members are “closely tied to the market power of Live Nation.” This is evidenced by a “structural dependence” on the company’s touring and promotion practices — many artists negotiate tours with Live Nation rather than individual amphitheaters — and exclusive ticketing agreements with Ticketmaster, according to the report.

“Even as NIVA publicly champions small business interests and consumer-friendly reforms, a significant portion of its membership is financially dependent on the very company it frequently criticizes,” the report states.

The report states Ticketmaster’s “service, processing, convenience, and facility” fees raise ticket prices by 20% to 40%.

It also claims that when $7.5 billion in pandemic relief funds were distributed to independent venues struggling with shutdowns, Live Nation subsidiaries received around $19 million. And because of delays in administering the money, smaller venues with less financial and legal resources struggled to survive.

Which Philadelphia venues does Live Nation operate?

Live Nation operates The Fillmore, Theatre of Living Arts, Punch Line Philly, The Met and Brooklyn Bowl in Philadelphia, and Freedom Mortgage Pavilion in Camden. The Mann Center for the Performing Arts entered into a partnership with Live Nation in 2020.

Dozens of venues in the region use Ticketmaster for ticketing services. Ticketmaster is the official marketplace for Sixers and Flyers tickets at Xfinity Mobile Arena and Eagles tickets at Lincoln Financial Field, respectively. Tickets for Phillies games at Citizens Bank Park are sold through Ticketmaster, too, but the official team site hosts its own ticketing platform.

A third of all concerts in the Philly area involve Live Nation in some way, according to 2024 data from The Philadelphia Inquirer.