27 States Push For Mistrial After DOJ Reaches Settlement In Live Nation Monopoly Case

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This week, the DOJ and Live Nation reached a settlement in an antitrust lawsuit, but 27 states have rejected the settlement's terms, favoring a mistrial. (Photo credit: Yvette de Wit / Unsplash, and Live Nation)

Live Nation Offers States $280 Million To Join Settlement

On Monday, March 9, a tentative settlement was reached in the Department of Justice’s antitrust lawsuit against Live Nation, the parent company of Ticketmaster.

Filed by the DOJ with 39 states, in addition to Washington, D.C., the lawsuit’s aim was “to restore competition in the live concert industry,” alleging that “monopolization and other unlawful conduct” by Live Nation “thwarts competition in markets across the live entertainment industry”

The trial started on March 2, but a settlement was reached

With the settlement, Live Nation has agreed to alter its approach to ticketing deals with venues, removing the stipulation that Ticketmaster be used exclusively, The New York Times reported.

Further, the company is expected to allow artists to use tour and concert promoters of their choice when performing in Live Nation’s amphitheaters.

Closing out the settlement is a $280 million payout, set to be divided amongst all of the states that agree to the terms of the settlement.

However, there has been significant pushback to this tentative settlement agreement, with 27 states and D.C. objecting to the terms.

Those states are, as follows: Arizona, California, Colorado, Connecticut, Illinois, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.

Next week, the trial is expected to resume.

RELATED: Kid Rock Testifies Before U.S. Senate On Need For Event Ticketing To Benefit Fans And Artists

Live Nation Employee Chat Messages Scrutinized By DOJ

During the trial, the Department of Justice used Live Nation employee chat messages as evidence, attempting to further the case that Live Nation’s customer service was inadequate.

According to The New York Times, these messages were made on the business app Slack, with the DOJ’s attorney saying, “[The Slack messages] provide a candid, contemporaneous look into how they view the prices that Live Nation charges fans for ancillary services at their respective venues.”

These documents were ordered to be released in full, despite Live Nation arguing the messages should be excluded from evidence.

Messages from 2021 to 2023 sent by two employees, identified as Ben Baker and Jeff Weinhold, found the Live Nation workers touting the rates they achieved on VIP seating as well as parking fees.

For a VIP seating arrangement at Kid Rock shows, the cost was as high as $199, with Baker writing of individuals purchasing these upgrades, “These people are so stupid.”

Meanwhile, Weinhold boasted, “I have VIP parking up to $250 lol.”

Responding, Baker wrote, “I almost feel bad taking advantage of them.”

Looking at over all increases in profit on these ancillary markets, Baker wrote, “Robbing them blind baby. That’s how we do.”

Live Nation leadership has refuted the nature of these messages, stating they do not reflect the company’s values.

Tentative Settlement Follows Kid Rock’s Testimony Before U.S. Senate

Notably, this settlement comes just over a month after Kid Rock testified before the Senate Commerce Committee on the subject of ticket pricing reform on Jan. 28.

Offering more than just concerns, Kid Rock then presented his solutions to the problem of ticketing costs and sources, stating:

  1. Artists should control who sells their tickets, and how;
  2. Resale ticket price caps work and protect real fans; and
  3. The BOTS Act should be enforced.

“Brokers and bad actors must be stopped, and all should face serious penalties and consequences,” said Kid Rock.

The BOTS Act, which is a clever acronym for Better Online Ticket Sales, “prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer,” the Federal Trade Commission states.

“All-in pricing is great, but it doesn’t fix the system,” Kid Rock said. “Outlawing speculative ticketing is obvious. The problem is that ticketing lobbyists push these reforms as cover, while fighting to keep tickets in an ‘open market’ that lets them exploit fans under the guise of capitalism.”

Kid Rock urged Congress to not “be fooled by these tactics.”

Nearing the conclusion of his remarks, Kid Rock argued that the merger of Live Nation and Ticketmaster “wasn’t an experiment,” but rather “it was a monopoly dressed up as innovation.”

This is a developing story.

RELATED: Live Nation Reportedly Proposes Trump Administration Institute 20% Cap On Ticket Resale Prices

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About the Author

Grant Bromley

Howdy, I’m Grant, a multimedia storyteller and lover of the arts. Whether it’s Copland’s ballet Rodeo or Peckinpah’s iconic Western Pat Garrett and Billy the Kid, I have an appreciation for works that engage with the American mythos. Covering news, I help tell the stories that define our shared tomorrow.

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