Former DoJ Antitrust Attorneys Slam Live Nation-Ticketmaster Settlement: ‘It Is Deeply Troubling That the Antitrust Division Is Engaged in Selective Non-Prosecution of Political Allies’

Two former top antitrust attorneys from the U.S. Department of Justice (DOJ) have criticized the department's recent settlement with Live Nation Entertainment and Ticketmaster, calling it "deeply troubling" and indicative of "selective non-prosecution of political allies." The settlement was reached just one week after a trial commenced, where the DOJ and over 30 states accused the companies of monopolistic practices. The former attorneys, who were instrumental in the DOJ's case, expressed dismay that the department did not pursue a more robust outcome, such as a structural breakup of the company, which they believe was warranted by the evidence presented. They argue that the settlement, which reportedly includes some behavioral remedies but does not mandate divestitures, fails to address the core issue of Live Nation's market dominance in the live music industry. The attorneys highlighted that the trial had already revealed significant evidence of Live Nation's alleged anticompetitive conduct, including its use of exclusionary contracts and predatory pricing to stifle competition. Their public statements suggest a significant internal disagreement within the antitrust community regarding the efficacy of the DOJ's approach to this high-profile case. The settlement's terms are expected to be subject to a fairness review by a federal judge.