Senators Urge Court to Examine DOJ Settlement with Live Nation-Ticketmaster

A coalition of senators led by Amy Klobuchar, Elizabeth Warren and Cory Booker is urging US District Court Judge Arun Subramanian to invoke his authority under the Tunney Act to investigate Live Nation’s settlement with the Department of Justice (DOJ).

Context:

• A settlement between Live Nation and the DOJ was announced just days into the antitrust trial.

• It involved monetary damages and concessions around Live Nation’s amphitheater business, as per Digital Music News.

• Critics argue it did nothing to address Live Nation and Ticketmaster’s industry dominance.

• The surprise settlement left 34 US states to pursue the antitrust case.

• On Wednesday April 15 a jury found that the Live Nation-Ticketmaster partnership is an illegal monopoly.

Suspicious circumstances:

• In a letter to Judge Subramanian, the senators say the DOJ’s settlement terms “cast doubt on whether the agreement was entered with the intention to protect the public interest from Live Nation’s monopoly.”

• They point to the circumstances around the agreement, including the firing of Assistant Attorney General for Antitrust Gail Slater, the dismissal of her top aides, and what Variety calls reports “of political interference and lack of transparency in the settlement process.”

• In addition, the court was not informed of the deal until days after the fact.

• The senators write: “The recent settlement between Live Nation-Ticketmaster and the Justice Department...stops far short of prying open this industry to new competition, innovation, and choice for consumers.”

What they said:

• An excerpt from the senators' letter: “Less than a month after Ms. Slater’s ousting, the Justice Department settled the case against Live Nation. As this court is aware, the Justice Department lawyers trying the case were not involved in the settlement discussions and were not even aware of its existence prior to its filing. The state attorneys general were also kept in the dark.”

• It continues: “That the settlement was hashed out without input from the lawyers trying the case demonstrates this was not a settlement struck in response to perceived litigation risk or to protect the public from harms resulting from alleged anticompetitive behavior. In fact, reporting from the Wall Street Journal indicates that the deal was largely struck in response to political pressure from the highest levels. Reports indicate that President Trump was even involved in efforts to settle the case and that the terms of the settlement were negotiated at the White House. No one representing the interests of consumers, fans, artists, or venues was present.”