Live Nation’s top lawyer is publicly urging the Department of Justice (DOJ) to avert an upcoming antitrust trial and instead enter into a settlement — one that allows it to keep Ticketmaster.
The appeal comes in the form of a Thursday (Feb. 19) blog post titled, “It’s Time to Move On,” written by Dan Wall, Live Nation’s head of corporate and regulatory affairs. Wall has been the face of Live Nation’s fight against the DOJ and dozens of state attorneys general, who claim the company monopolizes live music and should be forced to sell off Ticketmaster.
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“We understand that any settlement needs to be meaningful for our venue customers, for artists and of course for fans,” writes Wall. “That is what we want, too. Despite the constant criticism we receive from some quarters, Live Nation and Ticketmaster have led the industry in promoting reforms that artists and fans care about. We hope and expect that a resolution of this case will extend those efforts.”
On Wednesday (Feb. 18), a New York federal judge ruled that a trial should be held next month on allegations that Ticketmaster improperly locks venues into exclusive ticketing contracts, as well as whether it’s illegal to force artists playing at Live Nation-owned amphitheaters to also use its promotion services. But the judge trimmed away some other key DOJ claims, including that Live Nation has broadly monopolized the national concert promotion market.
In his Thursday blog post, Wall says that ruling “undermines any serious argument for breaking up Live Nation and Ticketmaster.” He argues the air has been entirely deflated from the DOJ’s claim that concert promotion and ticketing are “mutually reinforcing monopolies” — and that rather than go to trial, the government should come to the table with a settlement that does not involve a divestiture of Ticketmaster.
“Cases in this posture nearly always settle, and with the prospect of structural relief off the table, that is what should happen in this case now,” writes Wall. “Live Nation is ready to make that happen with DOJ and any state attorney general committed to realistic, common-sense solutions to the remaining issues.”
Wall’s post does not specify what exactly he views as a “common-sense” settlement option — that is, whether Live Nation is willing to spin off assets other than Ticketmaster.
The post injects an unusual public element into settlement negotiations, which are typically conducted behind closed doors. There have been recent rumblings about Live Nation pursuing a deal: Semafor reports that Donald Trump allies Kellyanne Conway and Mike Davis are lobbying the administration on Live Nation’s behalf, and the sudden departure of DOJ’s hardline antitrust chief Gail Slater last week fueled speculation that a lenient settlement could be on the horizon.
As of now, Live Nation is scheduled to face a jury trial beginning March 2 in Manhattan. Even if the federal government settles, the trial could still go forward as long as claims remain from some or all the states that have joined the case.
