Is Live Nation’s DOJ Settlement A Done Deal?—Federal Judge’s Latest Order Suggests This May Not Be Over

Entertainment A federal judge has ordered the U.S. Department of Justice (DOJ) and Live Nation Entertainment to provide by March 27, 2026, a joint letter explaining how they intend to proceed with court review of their proposed antitrust settlement.

The order from Judge Arun Subramanian states: “Defendants, the United States of America, and any other settling parties who anticipate their settlements will require the Court’s review under 15 U.S.C. § 16, should jointly file a letter on the docket providing guidance as to how these cases will proceed between them. Specifically, they should apprise the Court of when they expect to file a proposed consent judgment, and the steps that they expect will be required as to the review of the proposed consent judgement, including the anticipated timing of those steps.”

This instruction signals that Judge Subramanian intends to trigger a Tunney Act Review—a process required under the Antitrust Procedures and Penalties Act of 1974, commonly known as the Tunney Act. The law was passed during the Nixon administration to ensure that federal judges independently evaluate whether antitrust settlements negotiated by the DOJ are in the public interest. Before the law’s passage, settlements could be entered without any formal judicial scrutiny.

Under the Tunney Act, the proposed consent judgement must be published for public comment, and the DOJ must respond to any submitted objections before the court determines its adequacy. This process typically spans several months, though courts retain flexibility depending on the case’s complexity and public interest level. Given the reported back-room dealing that went into obtaining this settlement, there is likely to be huge public interest from those who oppose it.

The Live Nation/DOJ settlement has already sparked controversy across the live music sector. Critics argue that allowing Live Nation, parent company of Ticketmaster, to avoid a potential trial over antitrust violations may fail to address long-standing concerns about market dominance and consumer pricing practices. Industry observers and lawmakers have also called for stronger structural remedies, including the possible separation of Ticketmaster from Live Nation’s concert promotion business.

The court’s demand for a Tunney Act Review elevates the settlement from an administrative decision to one that must withstand public and judicial scrutiny—potentially delaying or altering its final approval depending on how the review unfolds.