The clock may be ticking on Ticketmaster and its parent company, Live Nation Entertainment Inc., after federal investigators requested additional documents for an antitrust probe.
Bloomberg reported recently that officials from the Department of Justice have requested a trove of documents amid reports that the company has not cooperated with the investigation. Citing people familiar with the probe, Bloomberg reports that antitrust officials have been investigating the company for more than a year and have grown frustrated with Ticketmaster’s delays over the DOJ’s requests.
“Ticketmaster-Live Nation is playing a dangerous game if they think they can stonewall the DOJ forever,” said John Breyault of the National Consumers League. “Their monopoly has been built on forcing out competition by whatever means necessary. One way or another, I expect that the Justice Department will get the information they need to enforce our antitrust laws.”
The DOJ request comes as Ticketmaster fees for Super Bowl tickets reached more than $3,000 per ticket, plus a $2.95 convenience fee.
The DOJ investigation has reportedly examined claims that the company threatens retaliation against concert and event venues that do not use its promotion and ticketing services.
One reported example is the Barclays Center’s 2023 switch from SeatGeek back to Ticketmaster after only one year into a seven-year agreement with SeatGeek. After the Barclays Center signed the agreement with SeatGeek, reports indicate Live Nation promoted fewer shows at the arena.
Sen. Elizabeth Warren, D-Mass., responded to the update on the investigation by saying Live Nation “must fully cooperate with DOJ’s investigation.”
News of the intensifying investigation received praise from antitrust-focused organizations. Demand Progress criticized Live Nation and Ticketmaster for “trying to avoid a thorough investigation into its unfair, anticompetitive practices that hurt consumers.” The organization added that it supports the Justice Department’s “investigation into Live Nation’s abuse of its near-monopoly power.”
Diana L. Moss, vice president and director of Competition Policy for the Progressive Policy Institute, said a company’s ability to “operate unfettered” happens only if it wins against the Justice Department.
“DOJ has hard evidence of anticompetitive conduct and harm to consumers, artists, independent venues, etc.,” Moss said. “Firms with durable monopoly power have every strong incentive to push back on inquiries, even from the government. That strategy only goes so far, however, as we have seen in the past. There should be nothing more distasteful to every voter-consumer-worker than a powerful company flouting the very laws that protect our markets and their democratic principles.”
The Open Markets Institute said it’s “not surprising” that the company “is trying to evade a thorough investigation into its unfair competitive practices & abuse of its near-monopoly power over event ticketing & entertainment venues.” The organization said it supports the Justice Department’s investigation.
The American Economic Liberties Project, which co-leads the “Break Up Ticketmaster” coalition, said the “company isn’t complying because they know their business is built on abuses of monopoly power.”
The American Economic Liberties Project comments come after the organization produced a report last year outlining Live Nation’s significant presence in nearly all aspects of the live events industry, including concert promotion, ticketing, artist management and venue operations.
The report found that Live Nation/Ticketmaster sells tickets for 78 percent of the American arenas that crack the top 100 worldwide (53 of 68).
Additionally, Ticketmaster was the sole ticketing provider for 82 percent of the American amphitheaters in the global top 100. No competitor comes close.
This control over the live events industry and its ability to leverage its size in one business line to influence others has attracted antitrust scrutiny from the Justice Department. The company also circles the wagons on products offered inside its venues. The Los Angeles-based Liquid Death water brand that announced this week it raised $67 million from investors, including Live Nation, which sells the products at its concert venues.
According to Bloomberg’s sources, the Justice Department will potentially file a case against Live Nation later this year. The Justice Department has declined to comment on the case.
