Live Nation and Ticketmaster Trial Resumes as Seven States Join Justice Department Settlement

NEW YORK — The antitrust trial against Live Nation and Ticketmaster is set to resume in New York federal court as over 30 states continue their legal battle. This follows a week of negotiations that resulted in seven states joining a settlement with the Justice Department.

Judge Arun Subramanian announced on Friday that the trial will proceed without a new jury, as the states dropped their request for a quick restart.

Arkansas, Iowa, Mississippi, Nebraska, Oklahoma, South Carolina, and South Dakota are now part of the settlement, while the remaining 32 states aim to demonstrate that Live Nation and Ticketmaster are stifling competition and raising prices for consumers. They argue that the companies use tactics like threats and retaliation to dominate the market.

In their defense, Live Nation claims they do not monopolize the industry, stating that pricing and ticket sales are determined by artists, sports teams, and venues.

Judge Subramanian will allow the trial to continue, having dismissed Live Nation's objection to certain trial exhibits. These exhibits include a conversation where a company employee described pricing for VIP access at a Tampa amphitheater as “outrageous” and expressed amusement at customer gullibility.

The judge emphasized that the overall fan experience is critical to the relationship between artists and their audience, noting that excessive charges for amenities could deter artists from performing.

The trial began last week, but negotiations led to a settlement deal that the Justice Department believes will lower costs and open ticket markets to more competition. However, many states have criticized the agreement, arguing it lacks sufficient concessions from Live Nation and Ticketmaster.

Despite efforts from the Justice Department to encourage settlements, only seven states have opted to join the agreement, contrary to earlier predictions of ten. Live Nation's attorney expressed skepticism about the likelihood of all states settling during the week.