After four days of deliberation, a New York jury reached a verdict on April 15, finding that Live Nation and its Ticketmaster subsidiary unlawfully monopolized concert ticketing services for major venues in the United States in violation of Section 2 of the Sherman Act. The decision is a significant win for the state attorneys general (AGs) who pursued the case after the Department of Justice (DOJ) settled mid-trial and may embolden state AGs to more frequently part ways with federal enforcers.
The path to verdict was an unusual one. Nearly 15 years after it chose not to challenge the Live Nation-Ticketmaster merger, the DOJ reversed course and, following in the footsteps of private class actions filed by disgruntled Taylor Swift fans, sued the long-combined company for unlawful monopolization in violation of Section 2. A number of state AGs joined with the DOJ in filing the complaint. The DOJ, however, announced a settlement with Live Nation mid-trial and exited the case, forcing