Judge urges states to settle Live Nation claims after US strikes deal but states say no chance

A New York federal judge pressed for a settlement this week between over two dozen states and Ticketmaster, after the U.S. Justice Department struck a separate deal in their antitrust lawsuit against the ticketing giant and its parent company, Live Nation Entertainment.

During a Manhattan hearing on Tuesday, Judge Arun Subramanian urged both sides to reach an agreement before deciding whether to grant a mistrial or resume trial proceedings next Monday. The trial, which began presenting evidence last week, was interrupted by the Justice Department’s settlement announcement.

“Right now you should be focused on can we make a deal,” Judge Subramanian told attorneys, offering conference rooms throughout the courthouse and even his own robing room to facilitate negotiations.

Dan Wall, representing Live Nation Entertainment, expressed skepticism about reaching a comprehensive settlement by Friday. “There are too many parties,” Wall explained. “We want to stick the landing here. Get it down. And we won’t stick the landing by Friday.” When Wall later claimed “there is zero chance we get this done by Friday,” the judge quipped: “Not with that attitude.”

The complexity of the negotiations stems partly from divergent demands among the states. Wall noted that not all states are seeking the same remedies, complicating efforts to reach a unified resolution.

The antitrust case against Ticketmaster and Live Nation has been closely watched throughout the entertainment industry. Government lawyers representing 39 states and the District of Columbia had accused the companies of maintaining an illegal monopoly over live events in the United States. The lawsuit alleged the companies were “squelching competition and driving up prices for fans” through threats, retaliation, and other tactics that “suffocate the competition” by controlling virtually every aspect of the industry, from concert promotion to ticketing.

Live Nation and Ticketmaster have consistently denied these allegations, arguing that artists, sports teams, and venues—not Ticketmaster—determine ticket prices and sales methods.

On Monday, the Justice Department unveiled its settlement terms, describing them as a victory for consumers that would dismantle the alleged monopoly. According to court documents, Live Nation agreed to allow up to 50% of all tickets sold at amphitheaters it owns, operates, or controls to be sold through any ticketing marketplace. The company also committed to capping service fees at these venues at 15% and divesting ownership or control of 13 amphitheaters, including facilities in Milwaukee, Cincinnati, Syracuse, New York, and Austin, Texas.

Additionally, Live Nation will establish a $280 million settlement fund to resolve claims or pay civil penalties to states—though this money will only be disbursed if states agree to the settlement. A Justice Department official indicated Monday that at least ten states had joined the federal government in accepting the deal.

The Justice Department’s settlement immediately drew sharp criticism from several state attorneys general and lawmakers. North Carolina Attorney General Jeff Jackson called it “a terrible deal,” while U.S. Senator Amy Klobuchar, a Minnesota Democrat and member of the Senate Judiciary Subcommittee on Privacy, Technology and the Law, compared it to previous ineffective agreements with the Justice Department that failed to curb Live Nation’s market dominance.

Klobuchar also expressed concern about the timing of the settlement, noting it came just a month after the head of the Justice Department’s antitrust division was removed from his position.

Live Nation CEO Michael Rapino attended Tuesday’s courthouse negotiations, underscoring the high-stakes nature of the discussions. With over two dozen states still not on board with the settlement, the outcome remains uncertain as the week progresses.

The case has significant implications for the live entertainment industry and millions of consumers who have long complained about Ticketmaster’s dominance and high service fees when purchasing concert and event tickets.