Live Nation Litigation ‘Must Continue’ Says NCL

Photo Credit: Wesley Tingey

Recent DOJ turbulence and reports of Live Nation looking to cut a deal have the National Consumers League (NCL) concerned about the status of the government’s antitrust case. It’s all part of a growing pushback against the possibility of a backroom deal — and scuttled DOJ trial.

The National Consumers League (NCL) said it is “deeply concerned” about the impact of various disruptions at the Department of Justice Antitrust Division on the ability to pursue antitrust enforcement “consistently, independently, and in the public interest.”

The organization’s statement comes amid recent turbulence at the Division culminating in “the absence of its top leadership,” including now-former Assistant Attorney General Gail Slater, who resigned on Thursday. It also arrives on the heels of reports that Live Nation is trying to cut a deal with the government ahead of the federal antitrust trial scheduled to kick off next month.

“Leadership instability at such a critical moment raises serious questions about whether major cases—including the ongoing litigation against Live Nation-Ticketmaster, which NCL has long supported—will be carried through to their conclusion,” reads the NCL’s statement shared with Digital Music News. “Regardless of DOJ’s next steps, NCL urges state attorneys general to remain committed to enforcing federal and state antitrust laws, particularly in the Live Nation monopolization case, where 40 state attorneys general lead the lawsuit alongside the U.S. DOJ.”

“The mandate of law enforcement agencies, including DOJ, is to protect the public and uphold the law,” said John Breyault, NCL Vice President of Public Policy, Telecommunications, and Fraud. “Antitrust enforcement must be guided by the facts, the law, and the interests of consumers—not by shifting institutional dynamics. If DOJ is unable to continue this litigation, state attorneys general must stand up for their constituents and see the case through.”

The NCL is also calling on the U.S. House and Senate Judiciary Committees to investigate political interference in the Justice Department’s antitrust activities—especially if so-called recent tumult at the agency results in the termination of ongoing enforcement actions.

The timing of Slater’s departure is notable, following a week of rumors that she was being forced out amid friction with Attorney General Pam Bondi and the White House. Meanwhile, her departure comes after news that Trump wants Live Nation to take over venue operations at the Kennedy Center—which itself follows rumors that the live events company is lobbying to cut a deal before the government’s antitrust case heads to trial.

Like the NCL, the National Independent Venue Association (NIVA) issued a statement this week warning that attempts by Live Nation to politically negotiate its way out of a trial would constitute a direct threat to the legal process.

“If reports are accurate that Live Nation is using its immense resources and lobbyists to circumvent the legal process and escape a trial with significant evidence supporting its breakup, the company is subverting the rule of law,” said NIVA Executive Director Stephen Parker earlier this week. “The company must be split up. There is no settlement that will lead to justice for America’s independent venues, artists, and fans. There is no pathway to restore competition in ticketing and live performance across America without Live Nation’s breakup.”

It remains to be seen how the Live Nation litigation will ultimately shake out. But concerns from organizations like NCL and NIVA make sense with the trial looming large and reports of settlement discussions becoming ever louder.