The horizontal control of venues is only one issue. A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company. Ticketmaster has no real incentive to try to prevent resellers from buying up all the tickets on first sale, because it gets to charge fees on all the resales through its platform. The more times a ticket is resold, the better.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.
Why not just ban the transfer of tickets and allow refunds? You buy a ticket, you show your ID at the door. Early refunded tickets get resold online and late refunds are sold at the venue. All seats, including the best seats, go to actual fans instead of scalpers just hoping to make a profit while providing zero value. First choice in seats goes to the most passionate and attentive fans.
It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once, including even merely closing those APIs entirely but they continue to do nothing about it.
The verified re-sale thing as you have correctly pointed out just allowed them to pretend like something was being done about scalping while it actually just let them make more money on the resale fees.
> It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once
Oh they did something about it. The ticket brokers can't scoop up all the tickets because many of the best ones are now only released as "Platinum" tickets at 2-5 times the price.
Or easiest is to require KYC for all the buyers (tie ticket to person instead of allowing bulk purchases) and limit ability to resale at scale. This would easily allow them to blacklist scalpers. It's not like they don't know who you are from the
It's long been speculated that they clandestinely participate in the resale market. If the goal of a business is to maximize profit and they control the market and technology around it, they have everything they need to push prices to the absolute limit that a customer is willing to pay.
Based on what came out during the course of the trial, it would not surprise me at all if they are double-selling tickets.
it's all an aesthetic experience, no? for the live entertainment business, it is aesthetically important to fans of Bruce Springsteen that his tickets have a number on them that appears on a website that feels good, and that number happens to be "price of ticket," even if hardly anyone is actually paying that number - they are usually paying more.
personally, i don't think any of this legal shit matters. the sherman antitrust act is 1 paragraph long, so it is flexible in terms of how you want this stuff to work, from a, "I would like the world to work as though it were governed by a priesthood" point of view. so it's reductive to talk about, what does the law say? very little of interest.
how should it work? live nation should be able to do whatever the hell it wants. it would make more money for everyone, at the cost of nothing. it would be good for the music industry to make more money. apple should not have lost the antitrust case over books either. nobody forces you to go to concerts! if you have a problem with ticket prices, make tiktoks complaining about it targeted at the artists. stop listening to their music. but IMO, the live performance cultural phenomenon, it doesn't benefit from this kind of regulation.
Our basic findings suggest that the auctions “worked”: price discovery substantially improved; artist revenues roughly doubled versus the fixed-price counterfactual; and, perhaps most importantly, the auctions eliminated or at least substantially reduced potential resale profits for speculators.... And yet, over the decade that has passed since the time of the data, rather than coming into more widespread use, primary-market auctions for event tickets instead disappeared.... We conclude by speculating as to why the auctions failed to take off. As discussed in the introduction....
They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market. Why would TicketMaster want to reduce the number of resales when it collects fees on them?
I'm always annoyed by this kind of news. The problem has existed for a long time, and finally, FINALLY, a court weighs in on some very narrow sliver of the problem, meanwhile things keep getting worse.
It always feels like the scene in Lord Of The Rings where they're waiting for the Ents to deliberate on the big war that's going on, and then after an agonizing amount of time they announce that they just said Good Morning and decided their guests weren't Orcs.
In case you wondered what the point of the federal (i.e. states not totally controlled by federal government) system is, here's a good example. If only the federal government were allowed to pursue this case, it would have ended when the administration changed. 30 states chose to keep the case alive, and good on them.
It makes you wonder why the DoJ settled so early. Or, rather, it doesn’t really make you wonder at all. It’s obvious there was a case and they should have let their lawsuit run. I wonder why they didn’t?
this really seems like a naive question. what about this administration dropping the case seems out of place from the rest of the corruption occurring within it? do you honestly think this administration dropping a case in favor of a powerful business instead of fighting for the consumer as anything other than corrupt?
Bribes, campaign donations, presidential ballrooms. The current administration has settled MANY cases that they'd already won, it's very easy to buy favors now.
On the other hand, I'm not sure a European style tribunal would have been allowed to settle the case early.
Yes. It's good that the states can serve as a check on the Federal level government. But why can the federal level government give up on cases on a national level? Just because a different party was voted in?
The problem is that the Department of Justice is part of the Executive Branch, and due to the burgeoning of the Imperial Presidency over the past several decades, that means that as soon as a new President is voted in, he can order the DoJ to change all their priorities to match his.
Our system doesn't have to be this way, even with the federal/state split; it doesn't even have to be this way with the designation of the DoJ as being within the Executive Branch. It's taken a lot of erosion of norms and flagrant breaking of laws to get to the point the US is at now.
They never should've been allowed to merge. Funnily enough Ticketmaster has the only free API I've found for concert data and it has a ton of results because it is a monopoly.
> The companies could also be assessed penalties. In addition, sanctions could result in court orders that they divest themselves of some entities, including venues such as amphitheaters that they own.
Sounds about right. The attorneys take $1.52 and leave the victim with $0.20. And then nothing actually happens that would restore a competitive marketplace.
The question should be did Live Nation knowingly allow scalpers (aka ticket brokers) to corner the market on highest demand events AND create artificial scarcity by only posting a small handful of the tickets they controlled at extreme inflated prices increasing the percentage fees collected by Live Nation and Ticketmaster on every ticket sold.
My favorite is the local tax office charges extra for paying online vs going in to the office to pay in person. At first, I thought it was a way to recoup the processing fees as you're obviously paying by card online. The last time I paid in person with a card, that fee was not added on though. So they are charging you extra for not having to pay an employee to process your account.
I think that's exactly the point. They've charged you $2 to process the request. They did that work. Even if you get the money back for the event, they still did the job, so they won't refund the service fee.
And then the restaurant lobby got the CA one rescinded for restaurant junk fees, which were probably the biggest culprit most people encounter day-to-day.
Because the US espouses the virtues of the free market while embracing monopolies. If they cared about dealing with the latter they would empower more regulators like Lina Khan.
Apparently the state AGs dropped one of the charges that would have led to a more reasonable number there to try to make the decision easier for the jury.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.
Because everyone on the seller side - including artists - make money on this.
If parties other than fans / buyers cared, it would be a solved problem.
The verified re-sale thing as you have correctly pointed out just allowed them to pretend like something was being done about scalping while it actually just let them make more money on the resale fees.
Oh they did something about it. The ticket brokers can't scoop up all the tickets because many of the best ones are now only released as "Platinum" tickets at 2-5 times the price.
Based on what came out during the course of the trial, it would not surprise me at all if they are double-selling tickets.
personally, i don't think any of this legal shit matters. the sherman antitrust act is 1 paragraph long, so it is flexible in terms of how you want this stuff to work, from a, "I would like the world to work as though it were governed by a priesthood" point of view. so it's reductive to talk about, what does the law say? very little of interest.
how should it work? live nation should be able to do whatever the hell it wants. it would make more money for everyone, at the cost of nothing. it would be good for the music industry to make more money. apple should not have lost the antitrust case over books either. nobody forces you to go to concerts! if you have a problem with ticket prices, make tiktoks complaining about it targeted at the artists. stop listening to their music. but IMO, the live performance cultural phenomenon, it doesn't benefit from this kind of regulation.
They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market. Why would TicketMaster want to reduce the number of resales when it collects fees on them?
It always feels like the scene in Lord Of The Rings where they're waiting for the Ents to deliberate on the big war that's going on, and then after an agonizing amount of time they announce that they just said Good Morning and decided their guests weren't Orcs.
Like jeez can justice move any slower?
Similar problem with "healthcare" insurance companies in the US.
We need a global crackdown on the breadth of markets a company can be involved in - somehow.
Yes. It's good that the states can serve as a check on the Federal level government. But why can the federal level government give up on cases on a national level? Just because a different party was voted in?
Our system doesn't have to be this way, even with the federal/state split; it doesn't even have to be this way with the designation of the DoJ as being within the Executive Branch. It's taken a lot of erosion of norms and flagrant breaking of laws to get to the point the US is at now.
- https://apnews.com/article/live-nation-ticketmaster-antitrus...
- https://www.nytimes.com/2026/04/15/arts/music/live-nation-an... or https://archive.is/KA1wV
Background story by Matt Stoller https://www.thebignewsletter.com/p/monopoly-round-up-the-tic... (April 13, 2026)
They never should've been allowed to merge. Funnily enough Ticketmaster has the only free API I've found for concert data and it has a ton of results because it is a monopoly.
I'm already planning what I'm going to do with the $0.20 refund I receive for each ticket I bought.
> The companies could also be assessed penalties. In addition, sanctions could result in court orders that they divest themselves of some entities, including venues such as amphitheaters that they own.
Elections have consequences.
Music festivals were a sort of guerilla attack on lack of venue contracts.
Mid/high profile venues know they will sell out regardless, they can shop around the venue rights to the highest bidder.
I think the decimal point is a few digits too many to the left here... The various "fees" routinely add up to hundreds
Apparently the state AGs dropped one of the charges that would have led to a more reasonable number there to try to make the decision easier for the jury.