State Attorneys General Signal They Will Continue Antitrust Fight Against Live Nation if DOJ Settles

More than three dozen states joined the Justice Department in 2024 in filing a lawsuit alleging that Live Nation unlawfully maintains monopoly power in the markets for ticketing and live event promotion. The case seeks to unwind the companies’ long-standing merger, which has been in place for over 15 years, and is currently scheduled to go to trial on March 2.

In recent weeks, however, questions have emerged about whether federal officials may reach a deal with the company before the trial begins. According to a statement reported by Bloomberg, California Attorney General Rob Bonta said that while settlement discussions must be approached seriously, any agreement would need to meet strict standards. He indicated that if a proposed resolution delivered the full scope of relief sought by the states, proceeding to trial would not be necessary. At the same time, per a statement he gave to Bloomberg, Bonta expressed concern that a potential deal could fall short of meaningful reform, signaling that California is prepared to pursue litigation independently if needed.

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Connecticut Attorney General William Tong has taken a similar stance. According to a statement he provided to Bloomberg, a group of state attorneys general plans to meet later this week without federal officials present to evaluate next steps in the case. Tong indicated that any settlement shaped by political considerations rather than legal merits would likely be unacceptable to participating states, per a statement.

Related: Federal Judge Weighs Live Nation’s Bid to End Antitrust Case

The unease among state officials has reportedly grown amid indications that Live Nation may be engaged in settlement discussions with the Justice Department. That concern intensified following the departure of the DOJ’s antitrust chief, Gail Slater, who reportedly differed with other department leaders and administration officials over enforcement strategy in the case.

Further scrutiny has been drawn to the company’s outreach to prominent figures aligned with former President Donald Trump, including Kellyanne Conway and Mike Davis, who have been involved in discussions related to a possible resolution.

The lawsuit alleges that Live Nation has used its dominant position to stifle competition in ticketing services and live event promotion, harming artists, venues, and consumers. By seeking to separate Live Nation and Ticketmaster, the states and federal government aim to dismantle what they describe as an entrenched monopoly.

While the Department of Justice has not publicly announced any agreement, state attorneys general have made clear that they are prepared to proceed on their own if they determine that a federal settlement does not sufficiently address their concerns.

Source: Bloomberg