The world’s largest live entertainment company has been dealt a bruising blow after a Manhattan federal jury ruled that Live Nation and its Ticketmaster subsidiary operated an unlawful monopoly over major concert venues in the United States, a verdict that is likely to reverberate through the global ticketing industry and intensify scrutiny of the firm’s dominance in markets including the United Kingdom.
After four days of deliberation, jurors sided with more than 30 US states that had pressed ahead with the civil action, concluding that the concert colossus had smothered competition across the live events business. The jury calculated that Ticketmaster had overcharged buyers by $1.72 per ticket, with the presiding judge still to determine the final quantum of damages.
For an industry that has long drawn the ire of fans, independent promoters and smaller venue operators, the ruling lands as something of a vindication. Counsel for the states, Jeffrey Kessler, described Live Nation in closing submissions as a “monopolistic bully” that had systematically pushed up prices for consumers. He told the court that Ticketmaster controls 86 per cent of the concert market and 73 per cent of the wider live events market once sport is included, numbers that underscore just how comprehensively the business has come to dominate the sector since Ticketmaster and Live Nation merged in 2010.
Live Nation, which generates more than $22bn in annual revenues, was unrepentant. Its lawyer, David Marriott, argued in his summation that the company’s scale was a consequence of operational excellence rather than anti-competitive conduct, telling jurors that “success is not against the antitrust laws in the United States”. The company has confirmed it intends to appeal, stating that it remains confident the “ultimate outcome” will not materially depart from a parallel settlement already reached with the US Department of Justice.
That settlement, announced only days into the trial after the Trump administration took over the federal case, obliges Live Nation to create a $280m fund for participating states, caps service fees at certain amphitheatres and opens a limited pathway for rival platforms such as SeatGeek and AXS to compete at some venues. Crucially, however, it stops short of forcing a structural break-up of Live Nation and Ticketmaster, a remedy that many industry observers and smaller ticketing challengers had been hoping for.
Support authors and subscribe to content
This is premium stuff. Subscribe to read the entire article.
