10 more states join DOJ’s antitrust lawsuit against Ticketmaster, Live Nation

Ten additional states have joined the Department of Justice’s antitrust lawsuit against Ticketmaster and its parent company Live Nation, bringing the total plaintiff count to 39 states, Washington, D.C. and the DOJ. Plaintiffs allege the companies have driven ticket prices up for fans through their monopolization of the music and live entertainment industry.

The DOJ originally filed the suit in Manhattan federal court in late May to break up the companies, which merged in 2010, on accusations they have unlawfully used their power over artists, venues and promoters to thwart competition and smaller entities while forcing fans to pay exorbitant fees.

In the amended complaint, filed Monday, the DOJ said fans across the U.S., including in each plaintiff state, “have paid more in fees that are not negotiable and cannot be comparison shopped because there are no other options.”

The suit points to users’ inability to transfer tickets — which kicked off with Ticketmaster’s SafeTix technology in 2019 to “reduce fraud” — Live Nation/Ticketmaster’s restrictive refund policy, inadequate technology and its multi-faceted role as a ticketer, promoter, artist manager and venue owner as a “feedback loop” that drives higher fees and prices while allowing it to “double-dip from the pockets of fans, artists and venues.”

Now attorney generals from Indiana, Iowa, Kansas, Louisiana, Mississippi, Nebraska, New Mexico, South Dakota, Utah and Vermont have joined in the effort, with some adding claims to bring treble damages on behalf of their residents who may have suffered losses due to Ticketmaster’s practices. This legal remedy allows a court to triple the amount of damages a plaintiff is awarded to punish the defendant and deter similar offenses.

“Live Nation’s conduct has harmed fans because they have been left with fewer concerts, have had more limited choices among touring artists, have paid higher ticketing fees and have experienced a lower-quality ticketing experience than they otherwise would have but for Live Nation’s anticompetitive conduct,” the suit said.

In a statement, per Billboard, Live Nation said the amended complaint contains “nothing new.”

“The lawsuit still won’t solve the issues fans care about relating to ticket prices, service fees and access to in-demand shows,” the statement read. “We look forward to sharing more facts as the case progresses.”

The company had said in May that the DOJ would “lose in court because it ignores the basic economics of live entertainment” and said that the bulk of its service fees go to venues.

“Our growth comes from helping artists tour globally, creating lasting memories for millions of fans, and supporting local economies across the country by sustaining quality jobs,” the company said.

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