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Pennsylvania joins the Department of Justice and 29 other states in an antitrust lawsuit against Live Nation

Attorney General of Pennsylvania Michelle Henry leads a 30-state bipartisan coalition with the U.S. Department of Justice in the antitrust lawsuit against Live Nation Entertainment, Inc. and its wholly owned subsidiary, Ticketmaster, LLC.

The complaint, filed Thursday in the U.S. District Court for the Southern District of New York, alleges that Live Nation-Ticketmaster is unlawfully exercising its monopoly power in violation of Section 2 of the Sherman Act. As a result, music fans in Pennsylvania and across the United States have been deprived of ticketing innovation and forced to use outdated technology, paying more for tickets than fans in other countries. At the same time, Live Nation-Ticketmaster exercises power over performers, venues and independent promoters in a way that harms competition. Live Nation-Ticketmaster also imposes competitive barriers that limit the market entry and expansion of its rivals.

“We allege that Live Nation relies on unlawful, anticompetitive conduct to exercise its monopoly control over the U.S. live events industry at the expense of fans, artists, smaller promoters and venue operators,” the attorney general said Merrick B. Garland. “As a result, fans pay more in fees, artists have fewer opportunities to play shows, smaller promoters are squeezed out and venues have less real choice in ticketing services. It is time to part ways with Live Nation-Ticketmaster.”

The dominance of Live Nation and Ticketmaster has had an impact on fans across the Commonwealth. Pennsylvanians spent approximately $1.5 billion on live entertainment in 2022, according to the Bureau of Economic Analysis.

“Live Nation and Ticketmaster have been strangling much of the live entertainment industry for a long time,” Henry said. “Consumers looking to see one of their favorite bands, artists or performances will likely encounter Live Nation and Ticketmaster at the gates. Pennsylvanians deserve a fair and competitive choice when it comes to live entertainment tickets.”

The lawsuit alleges that:

  • Live Nation maintains its anti-competitive monopoly in ticketing markets by locking down venues under restrictive, long-term exclusivity contracts and threatening venues to lose access to
  • Tours and artists controlled by Live Nation if they sign a contract with a competing ticketing company.
  • Live Nation uses its extensive network of amphitheaters and other venues to force artists to choose Live Nation as a promoter over their rivals, thereby maintaining a promotional monopoly.
  • Live Nation’s behavior has harmed fans through higher fees, a lack of transparency, fewer consumer choices and stifling innovation.

The lawsuit asks the court to restore competition in the live entertainment industry by:

  • Ordering Live Nation to divest Ticketmaster.
  • Granting financial compensation to consumers who have paid more for tickets than they should have in a competitive market.
  • Prohibiting Live Nation from engaging in anti-competitive practices.

“America’s live music industry is broken because Live Nation-Ticketmaster has an illegal monopoly,” said Deputy Attorney General Jonathan Kanter from the Antitrust Division of the Department of Justice. “Our antitrust lawsuit seeks to break up the Live Nation-Ticketmaster monopoly and restore competition to the benefit of fans and artists.”

“We will defend ourselves against these baseless allegations, use this opportunity to shine a light on the industry, and continue to push for reforms that truly protect consumers and artists,” Live Nation said in a statement.

“Calling Ticketmaster a monopoly may be a PR victory for the Justice Department in the short term, but it will lose in court because it ignores basic principles of the live entertainment economy, such as the fact that most service fees go to venues and that competition continually erodes market share and Ticketmaster’s profit margin,” the company added.

A copy of the complaint is available here.

The complaint was filed in the United States District Court for the Southern District of New York and Pennsylvania is represented by First Assistant Attorney General James Donahuedeputy prosecutor general Marek PacellaChief Deputy Attorney General Tracy WertzDeputy Chief Deputy Attorney General Józef Betskoand senior deputy attorney general JenniferThomson.