21 State Attorneys General Demand More Information on Live Nation’s Sweetheart DOJ Deal

Entertainment The state attorneys general who won in court against Live Nation are now pushing for more information about the ticketing giant’s deal with the DOJ.

The states that sued Live Nation for monopolizing the live entertainment industry are asking a federal judge to allow them to seek further information about the U.S. Department of Justice’s settlement with the live entertainment company back in March. Of note, the states claim they have “significant concerns” that the deal is not in the public interest.

A coalition of 21 states led by Colorado, Arizona, California, New York, and more—all active plaintiffs against Live Nation—filed a joint letter requesting court authorization under the Tunney Act to conduct targeted discovery into the proposed antitrust settlement between the Department of Justice and Live Nation.

By asking for “targeted discovery” and invoking the Tunney Act, the states could force Live Nation and the DOJ to hand over their internal economic modeling, emails, and communications.

While it’s unlikely to overturn the so-called “sweetheart deal,” the move could give the states far more material in their litigation against Live Nation. Using the Tunney Act’s procedural tools, they may uncover damaging evidence, embarrass the settling parties, and build leverage to extract a tougher independent remedy for their own states.

Meanwhile, fans, artists, venues, promoters, and others in the ticketing industry have until September 4 to submit public comments on the Justice Department’s proposed antitrust settlement with Live Nation and Ticketmaster.

The 60-day comment period is part of the settlement’s review, also under the Tunney Act, which requires a federal judge to determine that a consent judgement proposed by the Justice Department is in the public interest prior to approving it.

Comments can be submitted via email or standard mail sent to the Antitrust Division. They should be written in English and will be published publicly at the end of the comment period.

The Justice Department’s proposed judgement would require Ticketmaster to develop technology allowing major concert venues using its software to sell and distribute primary tickets through competing marketplaces. It would also lessen some venue exclusivity provisions, restrict the length of future exclusive ticketing contracts, and allow artists and promoters to use alternative ticket sellers at Live Nation amphitheaters.