A jury recently decided unanimously that Live Nation and its subsidiary Ticketmaster were operating as a monopoly, and that this had led to exploitative pricing and promotional contracts with venues.
Rolling Stone magazine called it a “landmark decision,” and while fans and concertgoers shouldn’t expect ticket prices to go down anytime soon, it could usher in enormous changes to the live music and events industry for years to come.
Originally sued by the DoJ along with 30 states plus DC for violating antitrust laws in 2024, the jury heard testimony from witnesses who said that Live Nation threatened to withhold promotional contracts from venues that didn’t also agree to use Ticketmaster exclusively as their ticket broker.
American antitrust laws are only invoked against large companies if there is this kind of evidence: that a firm with dominant market share is doing something other than providing superior products at attractive prices to push out competitor firms.
Live Nation’s attorneys argued that the firm had done just this in reaching its dominant position, but the federal jury in Manhattan ruled 10-0 against them. The jury also found that Live Nation has violated a bevy of antitrust laws within the co-plaintiff states.
Another major finding was that of overcharging for tickets. It’s not news to report that Americans using Ticketmaster are often shocked to reach the checkout page only to find the famously galling service fees tacked onto the end of the transaction.
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“You think it’s gonna be a certain price on the website and then you get to the end at check out and it’s just so much more from the fees,” regular concertgoer Mikey White, a University of Utah Junior, told Fox 13 after he heard about the decision.
The jury agreed with an assessment that these service fees amounted to an average “overcharge” of around $1.72 per ticket across all venues and all events. That figure is crucial as it will be a component in calculating any future damages the firm may owe.
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For now, Live Nation has promised it will appeal on several grounds, including an objection with one of the expert witnesses, who it believes was called unfairly.
Judge Arun Subramanian will decide remediations at a second set of trial dates in the future. Along with these, there will inevitably be the question of divestment, or even the rare order to break up Live Nation.
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Live Nation and Ticketmaster charge exorbitant initial charges in addition to the excessive fees. It really is ashamed that we Americans have to pay usually $200 – $1,000 for maybe, 2 hours of ascertainment if we are lucky. Time to break them apart and add reasonable regulations.