The Department of Justice has sharply criticized Live Nation’s last-minute attempt to postpone a major antitrust trial, calling the ticketing giant’s efforts “desperate” in a court filing submitted days before proceedings are scheduled to begin. The Live Nation antitrust trial is set to commence Monday with jury selection, bringing to a head a two-year legal battle over allegations the company holds an unlawful monopoly over live entertainment ticketing and venue services.
According to the Justice Department’s filing, Live Nation requested what prosecutors characterized as a “needless delay of trial” that would “not materially advance proceedings.” The government argued that any postponement would allow the ticketing company to continue inflicting alleged “anticompetitive harm” on consumers and competitors.
Live Nation had sought the delay after filing an appeal challenging a ruling by presiding Judge Arun Subramanian earlier this month. In that decision, Subramanian rejected Live Nation’s motion to dismiss the case and denied other motions that would have significantly narrowed the scope of the antitrust allegations.
However, the judge indicated at a Wednesday hearing that he is inclined to deny the delay request, according to Bloomberg. While Subramanian has not yet issued a written ruling on the matter, the trial remains on track to begin as originally scheduled.
Background of the Live Nation Antitrust Case
The Justice Department filed its lawsuit against Live Nation in May 2024, joined by 29 states and Washington, D.C. Ten additional states have since joined the legal action, bringing the total to 39 states participating in the case.
The government accuses Live Nation of violating the Sherman Act by allegedly locking venues into exclusivity contracts that prohibit them from using competing ticketing services. Additionally, prosecutors claim the company blocks artists from booking at its venues unless they use Live Nation’s promotion services, acquires competitors to eliminate competition, and threatens rivals in the marketplace.
What the Live Nation Antitrust Trial Will Address
While Judge Subramanian allowed the trial to proceed, he did dismiss certain government claims. The judge threw out allegations that Live Nation holds a monopoly over venue booking and harms the fan experience, ruling the government failed to properly define a nationwide market for consumers.
Nevertheless, several key allegations remain for trial. These include claims that Live Nation coerced artists into using the company’s promotion services to secure bookings at Live Nation-owned amphitheaters, according to court documents. The government will also argue that the company monopolizes ticketing by forcing venues to designate Ticketmaster as their primary ticket operator.
In contrast to the government’s position, Live Nation maintains the remaining claims provide “no possible basis for breaking up Live Nation and Ticketmaster,” according to a company statement. The entertainment conglomerate said it looks forward to defending itself against the allegations in court.
Industry Scrutiny and Public Backlash
Live Nation and Ticketmaster have faced mounting criticism from both fans and artists for years. The two companies merged in 2010, immediately sparking concerns from some performers about potential monopolistic practices in the live entertainment industry.
Meanwhile, scrutiny intensified dramatically in 2022 during Taylor Swift’s Eras Tour ticket sale. Ticketmaster blamed unprecedented demand and bot attacks for overwhelming its systems, causing significant service disruptions for customers attempting to purchase tickets. Days after that incident, the New York Times reported the Justice Department had opened an antitrust investigation into Live Nation.
Additionally, the Federal Trade Commission filed a separate lawsuit against Live Nation in September, accusing the company of deceptive marketplace practices. The FTC alleged Live Nation colluded with resellers to inflate prices and deliberately avoided implementing effective anti-bot measures because they were “too effective” at limiting sales volume.
The trial is expected to last several weeks, though authorities have not confirmed a specific timeline for proceedings. Whether Live Nation might pursue a settlement before the case concludes remains uncertain, particularly after the company quietly removed a blog post advocating for settlement discussions shortly after it was published.
