Penalties phase of Live Nation ticket monopoly trial will stretch into 2027

MANHATTAN (CN) — A New York federal judge said Thursday he likely won't hear arguments on whether to break up Live Nation and Ticketmaster's monopoly over concert ticketing until as early as February 2027.

While a New York City federal jury found Live Nation and Ticketmaster liable for antitrust violations last month, the second phase of the trial — litigating structural remedies and financial penalties — will be a separate bench trial that could last until spring of next year before U.S. District Judge Arun Subramanian. A coalition of 33 states and the District of Columbia are pushing the Joe Biden appointee for a full structural separation of Live Nation and Ticketmaster rather than partial divestment of specific business lines or venue agreements.

"We've come 90% of the way," Subramanian told the parties at a scheduling conference Thursday. "The only question is when the discovery will kick off."

Other remedies on the table include mandatory multi-vendor ticketing access, fee caps, open-platform requirements and licensing requirements for ticketing technology.

Subramanian asked the coalition of states to file a letter to the case docket indicating what types of remedies they intend to request so that Live Nation and Ticketmaster have an idea of how to prepare for briefings in the next stage of the trial.

"Isn't it kind of obvious what you're going to say in the remedies proceedings?" Subramanian remarked to Live Nation's defense attorneys on Thursday morning.

In addition to the remedies phase, Subramanian will also preside over a Tunney Act fairness review for approval of the Justice Department's tentative antitrust settlement with Live Nation. He said he expects to have a decision ready by mid-September or October.

Live Nation settled with the Justice Department in March, allowing the company to retain ownership of Ticketmaster, a blow to the companies' competitors and many concertgoers who hoped the case would force them to separate.

The deal included a $280 million fund for state damages claims, the divestiture of 13 amphitheater booking agreements and a cap on service fees at 15%.

Passed in 1974, the Tunney Act requires federal courts to review and approve settlements in civil antitrust cases brought by the DOJ to ensure they serve the public interest. It mandates public notice, a 60-day public comment period and a competitive impact statement to prevent "rubber-stamping" of settlement.

During the conference, Subramanian asked the states if there had been any substantial settlement discussions between the parties since the jury verdict.

Elinor Hoffmann, chief of the antitrust bureau at Office of the New York Attorney General, said there were currently there are no ongoing settlement talks.

"As far as the states are concerned, right now we are entirely razor-focused on the remedies proceedings," she told the judge.

In May 2024, New York Attorney General Letitia James, a coalition of 40 other states and the Justice Department jointly sued Live Nation, claiming its control over almost every aspect of the live event business — from venue ownership to event promotion to ticketing services through Ticketmaster — allowed it to suppress competition and raise costs for both fans and artists.

While the Justice Department settled its claims, 34 states and the District of Columbia advanced their claims to trial in the Southern District of New York.

After four days of deliberating, a jury of nine New Yorkers reached a unanimous verdict against Live Nation and Ticketmaster. They agreed that Ticketmaster wielded a monopoly over live event ticketing, causing anticompetitive effects in that market. The jury also agreed that Live Nation monopolized large amphitheaters throughout the country, and that the company unlawfully tied artists' use of those venues to the use of its promotional services.

Jurors sided with the states' assessment that this behavior caused concertgoers to be overcharged for shows at a rate of $1.72 per ticket. Live Nation says that figure only applies to tickets sold at 257 venues in certain states over the past five years. As a result, the company expects the damages figure to be less than $150 million, but that would be tripled in accordance with the federal antitrust statute.

Live Nation announced in an earnings call Wednesday that its first quarter revenue climbed 12% to $3.8 billion despite the company's legal troubles. Ticketmaster reported revenue of $765 million, up 10% compared to first quarter of 2025.