On May 23, 2024, Attorney General Merrick B. Garland delivered remarks concerning a lawsuit filed by the Department of Justice against Live Nation Entertainment and its subsidiary, Ticketmaster. The suit alleges violations of the Sherman Antitrust Act.
"Earlier today, the Department of Justice, joined by 29 states and the District of Columbia, sued Live Nation Entertainment and its wholly-owned subsidiary, Ticketmaster," Garland announced.
Garland outlined several issues with Live Nation-Ticketmaster's business practices. "In recent years, Live Nation-Ticketmaster’s exorbitant fees and technological failures have been criticized by fans and artists alike," he stated. However, he emphasized that the lawsuit was not merely about inconvenience but about alleged anticompetitive conduct.
"Our complaint makes clear what happens when a monopolist dedicates its resources to entrenching its monopoly power and insulating itself from competition rather than investing in better products and services," Garland said. He further accused Live Nation of illegally monopolizing markets across the live concert industry in the United States for an extended period.
Garland provided specific details on Live Nation-Ticketmaster's market control: "It controls at least 80% of primary ticketing at major concert venues... directly manages more than 400 artists... controls more than 60% of concert promotions across the country... owns or controls more than 60% of large amphitheaters in the United States."
He claimed that this dominance leads to higher costs for fans, fewer opportunities for artists, squeezed smaller promoters, and limited choices for venues. Garland also highlighted exclusive agreements as a key strategy used by Live Nation-Ticketmaster to maintain control over ticketing services.
"With exclusive agreements that cover more than 70% of concert ticket sales at major concert venues across the country, Ticketmaster can impose a seemingly endless list of fees on fans," he noted.
The Attorney General also addressed how these practices impact other countries where venues are not bound by similar exclusive contracts: "Fans see lower fees and more innovative ticketing products as a result."
Garland alleged further misconduct aimed at coercing artists into using Live Nation's promotion services and suppressing potential competitors through acquisitions and threats. He cited examples such as acquiring independent promoter AC Entertainment in Tennessee as part of strategic moves to neutralize competition.
"Live Nation has not only deployed anticompetitive tactics to coerce artists and venues into using its services... it has also worked strategically, and illegally, to eliminate the threat of potential rivals from emerging across any of its businesses," Garland said.
The Attorney General concluded his remarks by expressing gratitude towards the Justice Department’s Antitrust Division for their work on this case. He reminisced about his personal experience with live music before emphasizing that this lawsuit is filed on behalf of fans, artists, independent promoters, venues, and all American people affected by what he described as an unlawful monopoly.
"It is time for fans and artists to stop paying the price for Live Nation’s monopoly. It is time to restore competition and innovation in the entertainment industry. It is time to break up Live Nation-Ticketmaster," Garland asserted.
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