State AGs Demand Live Nation Breakup Following Trial Win

Photo Credit: Tingey Injury Law Firm

It’s time to break up Live Nation and Ticketmaster once and for all – at least according to multiple state attorneys general, who are demanding, among other things, an end to “Live Nation’s hold on the live entertainment industry.”

We highlighted the earliest of these demands yesterday, when covering the jury verdict in favor of 34 states (including D.C.) as well as the possibility that a court-ordered Ticketmaster divestiture could be in the cards.

Now, though, most but not quite all the litigating attorneys general have officially weighed in on the win. At the top level, that they’re taking a victory lap won’t come as a shock. Nor will their deciding to capitalize on about as politically safe an opportunity as they’ll find by attacking Live Nation/Ticketmaster along the lines of the business’s “monopoly” and “outrageous ticket prices.”

Overall, the remarks are targeting the defendants themselves and touting the verdict as proof that massive corporations can be held accountable for their allegedly unlawful practices. Meanwhile, AGs in blue states appear comparatively eager to criticize the terms of Live Nation’s DOJ settlement.

Side note: Today, DOJ antitrust attorneys Catherine Dick (acting director of litigation), David Dahlquist (acting deputy director of litigation), and John Thornburgh II each moved to withdraw from the case, with the former two individuals indicating that they’re “leaving the United States Department of Justice.”

Interestingly, however, a few of the AGs, in red and blue states alike, are zeroing in on states’ relief – with some touching on the possibility of a Live Nation-Ticketmaster breakup.

“Live Nation is being held to account for violating state and federal antitrust laws, and I’ll continue to fight to break up their monopoly, restore competition, and get money back for concertgoers,” Colorado AG Phil Weiser said in part.

“This is a major step in restoring fairness in the live entertainment marketplace. We will continue pressing forward to ensure real accountability, meaningful reform, and a system that puts consumers first,” Connecticut AG William Tong added in part.

“Today’s historic verdict holds this company accountable under the law, and we will continue fighting to secure the full relief that live music fans, artists, and venues in Maryland deserve,” stated Maryland AG Anthony Brown.

Especially when considered alongside other components of the relevant releases, the intent behind “full relief,” “real accountability,” and particularly “break up their monopoly” seems clear enough. But different AGs yet are being even more direct with their relief demands.

“We will argue vigorously during the penalty phase of this trial that consumers, artists, and venues need significant relief and that the monopolies that enable this behavior must be dismantled once and for all,” spelled out Minnesota AG Keith Ellison.

“We are seeking divestiture to break up these two companies,” New York AG Letitia James elaborated in an interview, proceeding to describe Live Nation/Ticketmaster’s alleged consent decree violations and to lambast the combined entity as “a recidivist organization.”

“The case will now head to a second phase where the judge will decide the appropriate remedies to break Live Nation’s hold on the live entertainment industry and restore competition, and our office will stay on the side of bringing prices down for consumers,” North Carolina AG Jeff Jackson underscored.

“Live Nation and Ticketmaster have ripped off consumers for decades. Thanks to a relentless bipartisan coalition of states, they’re finally being held accountable,” said Tennessee AG Jonathan Skrmetti.

“A jury determined that Live Nation and Ticketmaster are an illegal monopoly. Next up, the judge will decide the appropriate remedies, and a breakup is absolutely on the table. It’s been over 40 years since an antitrust case resulted in breaking up a company, and I think we’re due,” he finished.

In short, then, the calls for a Live Nation breakup are very real. Whether it materializes – and, separately, how much the promoter’s made to pay in damages – remains to be seen. Save the above-mentioned motions to withdraw, the docket was free of post-verdict updates at the time of writing.