The victorious states in the antitrust lawsuit against Live Nation and its subsidiary, Ticketmaster, are still seeking the breakup of Live Nation-Ticketmaster as a remedy to the verdict that the larger business acted as an illegal monopoly.
According to a recent filing to presiding judge Arun Subramanian, the 30-plus states will seek the divestiture of Ticketmaster, limit Live Nation’s re-entry in the primary ticketing space, as well as put limitations on the enforcement/extension of current and future clients, among others stipulations. A federal jury ruled that Live Nation acted as a monopoly last month.
In a conference with parties last month, Subramanian shared that Live Nation’s proposed settlement with the Department of Justice following the first week of trial will act as the floor of punishments for the company. That proposed settlement, which must be approved by the judge and is subject to Tunney Act proceeding (which requires federal review of any DOJ settlement), would require Live Nation to create a more flexible ecosystem around Ticketmaster that other ticketers could plug into, dissolve of Oak View Group’s preferred ticketing deal with Ticketmaster, and force Live Nation to pay approximately $200M in damages to the states involved.
The DOJ and more than 40 states originally filed the antitrust case two years ago.
Here’s a full rundown of the proposed additional remedies:
- Divestiture of Ticketmaster.
- Limitations on Live Nation’s re-entry into the primary ticketing market.
- Prohibition on content conditioning.
- Limitations on Ticketmaster’s enforcement or extension or existing contracts.
- Limitations of future exclusive ticketing agreements.
- Divestiture of Live Nation-owned large amphitheaters.
- Limitations on amphitheater market acquisitions.
- Modification or early termination of agreements granting Live Nation’s control over large amphitheater concert bookings.
- Limitations relating to the tying of amphitheater access to promotion services.
- Provisions to ensure compliance with the decree, including appropriate oversight over any divestiture processes, monitoring of compliance with the terms of behavioral remedies, and systems to detect efforts by Live Nation to evade or circumvent the court’s decision.
- Money damages for overcharges on ticketing fees paid by plaintiff state residents who purchased tickets at a major concert venue during the limitation period.
- Civil penalties sufficient to serve the intended purposes of each state’s civil penalties statute, including, where appropriate, to punish the violations found and deter future violations.
- Disgorgement of ill-gotten profits derived from ticketing fees charged at Live Nation owned venues, and venues Live Nation operates or controls, during the period of unlawful monopoly maintenance.
- Restitution for overcharges on ticketing fees paid by plaintiff state residents who purchased a ticket at a major concert venue during the limitation period.
