Live Nation to ‘Divest Ownership and/or Control’ of 13 Amphitheaters

Milwaukee’s American Family Insurance Amphitheater. Photo Credit: Ryan Dickey

Which amphitheaters has the Justice Department ordered Live Nation to “divest” under its antitrust-action settlement? Multiple reports – and a good bit of confusion – later, here’s the complete list.

Much of that confusion stemmed from the vague language used in the term sheet hammered out by the DOJ and Live Nation. Leaked to DMN and not yet widely circulated, the preliminary settlement document contains a seemingly clear-cut section entitled “Divestiture of Venues.”

“Live Nation will divest ownership and/or control of the concert venues identified in Appendix A,” that section reads. “Upon divestiture, these concert venues will conduct a new ticketing RFP.”

And Appendix A, for its part, includes 13 venues:

1. Empower Federal Credit Union Amphitheater (Syracuse, NY)
2. Maine Savings Amphitheater (Bangor, ME)
3. BMO Pavilion (Milwaukee, WI)
4. American Family Insurance Amphitheater (Milwaukee, WI)
5. Bethel Woods Center for the Arts (Bethel, NY)
6. Germania Insurance Amphitheater (Austin, TX)
7. Riverbend Music Center (Cincinnati, OH)
8. Brandon Amphitheater (Brandon, MS)
9. Cynthia Woods Mitchell Pavilion (Woodlands, TX)
10. Ford Idaho Center (Nampa, ID)
11. Pine Knob Music Theatre (Clarkston, MI)
12. Walmart AMP (Rogers, AR)
13. Wharf Amphitheater (Orange Beach, AL)

Nevertheless, Live Nation in a release indicated that it would “be divesting its 13 exclusive booking agreements with amphitheaters nationwide” – not selling off the venues, which are owned by various entities in any event, or exiting them altogether.

The promoter also told DMN that it only had “a booking relationship” with the 13 venues in question, which the company emphasized it “does not own, operate or lease.”

Live Nation’s brass-tacks statement might not tell the full story. The Ford Idaho Center, for instance, is operated by a division of Oak View Group (OVG); Live Nation, accused of having a “cozy relationship” with OVG, has been ordered to nix its exclusive-ticketing deals with the business.

Furthermore, local reports bill Red Mountain Entertainment as the Brandon Amphitheater’s operator. Live Nation’s owned Red Mountain for close to a decade, and on LinkedIn, some employees say they’re simultaneously holding roles with Red Mountain and Live Nation proper.

These points are significant on a couple levels – one concerning a different component of the settlement. “Live Nation will allow artists to rent amphitheaters owned, operated, or controlled [emphasis added] by Live Nation regardless of whether the artist also retains Live Nation to provide promotional services,” this settlement clause reads.

How exactly are “operated” and “controlled” defined here? And what does the direct-rental option mean for Live Nation’s broader promotional capabilities? Time will tell, but for now, it appears the “divestment” requirement will affect the company’s booking and ticketing operations in particular at the mentioned amphitheaters.