On May 23, 2024, Assistant Attorney General Jonathan Kanter delivered remarks on a significant antitrust lawsuit filed against Live Nation-Ticketmaster. The United States, along with 30 state and district Attorneys General, initiated the lawsuit to address what they allege is monopolistic behavior by Live Nation-Ticketmaster in the live concert industry.
"The live music industry in America is broken because Live Nation-Ticketmaster abuses its illegal monopoly," Kanter stated. He emphasized that the lawsuit aims to restore competition by breaking up the conglomerate.
Kanter outlined how Live Nation-Ticketmaster's dominance affects artists, venues, and fans. "Live Nation-Ticketmaster represents hundreds of artists through its dominant promotions business," he said. Additionally, the company owns or controls numerous venues and manages primary ticketing through its Ticketmaster subsidiary.
Kanter criticized the fees imposed by Ticketmaster, often referred to as "Service fee" or "convenience fee." He labeled these charges as part of what Americans face as the "Ticketmaster Tax."
The lawsuit details allegations that Live Nation-Ticketmaster has avoided competitive bidding wars that could benefit performers financially. This practice particularly impacts working musicians who lack the resources to challenge such dominance.
Furthermore, Kanter accused Live Nation-Ticketmaster of acquiring smaller promoters to eliminate potential competition and retaliating against venues that opt for different promoters or ticketing services. "If you’re an artist, you understand what’s at stake: use Live Nation for promotion or risk being locked out," he remarked.
In internal communications cited in the complaint, Live Nation allegedly described its exclusionary conduct as a "[h]edge against significant improvements by the competition or even a new competitor." Kanter argued that this conduct results in substandard services and data capture practices detrimental to consumers.
"Each of these acts are unlawful on its own – but taken together, they are even worse," Kanter asserted. He concluded by emphasizing music's role in free speech and public discourse: "Music is the soundtrack for our lives... It is here, there and everywhere."
Kanter expressed gratitude towards the Antitrust Division staff and attorneys general from various states who contributed to filing this case. He concluded his remarks with appreciation for their efforts in addressing this issue.