A Manhattan federal jury is poised to decide whether Live Nation Entertainment and its Ticketmaster unit broke antitrust laws by maintaining an illegal monopoly over the concert business, after weeks of testimony from industry executives and rivals wrapped up with closing arguments on Thursday.
Lawyers for 34 states told jurors that the company used its dominance in concert promotion and venue control to strong-arm amphitheaters into exclusive deals with Ticketmaster, even when venues preferred other options. The states argue the practices have driven up ticket prices and stifled competition.
In his closing, attorney Jeffrey Kessler argued the evidence showed the companies “violated antitrust laws, and it is time to hold them accountable,” the Associated Press reported. He described Live Nation-Ticketmaster as a “monopolistic bully” that “kept digging the moat around the monopoly castle in order to protect their market position.”
Kessler noted that the company controls 86% of the concert market and 73% when sports events are included.
Live Nation’s attorney, David Marriott, countered that the states failed to prove monopolistic conduct. “They can’t, and they didn’t,” he said, per AP.
Marriott told jurors the company is simply the largest because it has built the best products through decades of competition.
“We are the biggest entertainment company and ticketer in the country. We’re not hiding from that fact,” he said. “We are big. That is not against the laws in the United States. Success is not against the antitrust laws in the United States.”
He said Live Nation tries to “outflank and outcompete” rivals and urged jurors not to punish the company for internal messages in which employees talked aggressively about beating the competition. Marriott also defended the decision not to immediately fire a staff member who acknowledged writing messages from late 2021 through early 2023 that mocked fans as “so stupid” and bragged that the company was “robbing them blind, baby” with fees such as parking fees.
“People say, sometimes, stupid stuff,” Marriott said. “We don’t condone that. But we also don’t just ax somebody because they made a mistake years in the past.”
The trial, which began March 2, hit complications early when the Justice Department reached a settlement with Live Nation one week in, leaving the states to proceed alone, as previously reported by The Dallas Express. The federal deal included concessions on ticket sales at dozens of company amphitheaters, but the states are seeking broader remedies that could include breaking up the company.
Witnesses for the states described alleged threats and internal tactics, The Verge reported. Former Barclays Center CEO John Abbamondi testified about a heated phone call with Live Nation CEO Michael Rapino in which Rapino, using an expletive, warned it could be a “tough time to deliver tickets or concerts with a new competitor in town.”
Rapino later told jurors the exchange stemmed from a contract dispute and that he was stating business realities.
Defense witnesses, including Drake’s manager and Live Nation touring president Omar Al-joulani, portrayed the industry as intensely competitive. Al-joulani said the company has lost major artists such as Morgan Wallen and Bruce Springsteen.
“I can’t stress telling you how competitive the business is,” he said, per The Verge.
Rapino testified that venue owners make the final call on ticketing deals. “I don’t tell the billionaire what to do with his venue. He tells me.”
After the closing arguments, U.S. District Judge Arun Subramanian instructed the jury on the law.
Deliberations began on Friday. A verdict for the states could mark the first step toward a company breakup, though any ruling is almost certain to face years of appeals.
