A new report this week claims that Live Nation’s lobbyists have been putting pressure on the US Department Of Justice to settle the antitrust lawsuit it launched in 2024 that is challenging the live giant’s market dominance, and which could result in Live Nation and its Ticketmaster division being split up.
If those claims are true, reckons the US National Independent Venue Association, that means Live Nation is basically seeking to “subvert the rule of law” with the help of some top Donald Trump allies, while also misleading senators in US Congress.
NIVA Executive Director Stephen Parker says, “If reports are accurate that Live Nation is using its immense resources and lobbyists to circumvent the legal process and escape a trial with significant evidence supporting its break-up, the company is subverting the rule of law”.
“It appears that Live Nation fears that the case being presented by the Department Of Justice could lead to its splintering", he goes on, before adding that only an antitrust ruling against Live Nation in the courts will “ensure a level playing field for music and live entertainment”.
Parker also notes that Live Nation’s EVP of Corporate And Regulatory Affairs, Dan Wall, recently testified during a session on ticketing in Congress where he told Senator Amy Klobuchar that “the antitrust case against his company should be resolved based on the law and the facts and not political pressure”.
But if the company has also been employing its lobbyists in a bid to secure a political out-of-court settlement, that means Wall “was not being truthful while testifying to Congress”.
The DoJ first filed a lawsuit accusing Live Nation and its Ticketmaster subsidiary of violating US competition law in May 2024 when Joe Biden was US President.
There was speculation that the litigation might be quietly dropped when Trump returned to the White House, but the DoJ’s antitrust division - led by the Trump-appointed Gail Slater - has proceeded with the legal action.
Meanwhile, another US government agency, the Federal Trade Commission, has launched a separate lawsuit against Live Nation prompted by an executive order from Trump telling the government agency to crack down on dodgy conduct in the ticketing sector. In that litigation Ticketmaster is accused of colluding with ticket touts.
As the DoJ case heads to trial, Live Nation’s lobbyists have been putting pressure on DoJ officials who do not directly work in the government department’s antitrust division to force through an out-of-court settlement, according to a report by news website Semafor.
It claims that there has been a trend of late of officials elsewhere in the DoJ seeking to overrule Slater’s antitrust team when it comes to major mergers which are supported by key people in the Trump administration.
“Tensions have been simmering for months”, Semafor reports, “between the Trump administration’s largely business-friendly accommodation and Slater’s more skeptical approach to corporate mergers”.
Although the Live Nation lawsuit doesn’t relate to a current merger, the live giant’s critics argue that the antitrust issues now affecting the US live entertainment sector stem from the 2010 merger of Live Nation and Ticketmaster. And when the DoJ launched its legal action in 2024, then US Attorney General Merrick Garland said “it is time to break up Live Nation-Ticketmaster”,
Semafor says that two Trump allies, Kellyanne Conway and Mike Davis, have been advising Live Nation on how it might go about negotiating an out-of-court settlement that would end the DoJ litigation, which would presumably involve making some concessions to the government department, but would remove the risk of any court case resulting in much more dramatic sanctions.
The implication is that some kind of deal may be possible even if Slater wants to proceed with her legal case. Although, when responding to the Semafor report, a DoJ spokesperson insisted that Slater is still “very much involved” in the Live Nation case, while adding, “this DoJ will always pursue what is in the best interest of the American people”.
It’s not only the DoJ that is pursuing the antitrust action against Live Nation, with attorney generals for 40 US states also involved. Even if a settlement could be reached with the federal government, the state level litigation could continue. Though removing the DoJ from the dispute would be a big win for the live giant.
NIVA boss Parker’s statement continues, “There is no settlement that will lead to justice for America’s independent venues, artists and fans. There is no pathway to restore competition in ticketing and live performance across America without Live Nation’s break-up”.
Therefore, “we urge the White House, DoJ, and every state attorney general involved in this case to reject Live Nation’s political manoeuvring and backroom dealing - and carry forward what the American people want: an end to the long, national ordeal of Live Nation prioritising world domination and profiteering over the well-being of fans”.