"American consumers are pissed off."
Multiple witnesses told Democratic members of Congress that the Live Nation and Ticketmaster DOJ settlement, currently under Tunney Act Antitrust Procedures and Penalties judicial review, fails to restore competition to the live entertainment industry.
"Corruption Takes Center Stage: How the Live Nation – Ticketmaster Settlement Threatens Antitrust Enforcement," focused on charges that consolidation in the live entertainment industry has driven up ticket prices, stifled competition, and harmed artists, independent venues, and fans.
"The United States Department of Justice's settlement, of course, has been mentioned, was a slap on the wrist," testified California Attorney General Rob Bonta. "It was a sweetheart deal. It was weak. It was inadequate. It was insufficient."
"American consumers are pissed off. They're angry," said Bonta. "They don't want to be treated unfairly. They want to be treated lawfully with dignity, with respect."
Congressman Raskin and Senator Blumenthal
"Breaking up this company is overdue"
"One corporation now has the power not simply to compete in the live entertainment industry but to control it," said Jamie Raskin, ranking member of the House Judiciary Committee during opening remarks. "And despite this monopoly power, the DOJ chose not to stop the merger. Instead, they entered into a 10-year consent decree that was ostensibly meant to address anticompetitive concerns, but in reality did nothing to alter the dynamics of monopoly control and profiteering."
"Breaking up this company is overdue" said Senator Richard Blumenthal. "I’ve advocated for years, but we also need a price cap on secondary market sales, so that the scalpers are stopped from exploiting consumers with skyrocketing prices, and a junk fees prevention act that compels transparency.”
Ex-DOJ Official Roger Alford
"An abuse of prosecutorial discretion"
Some of the days most powerful testimony can from Roger Alford, a former senior official in the Department of Justice’s Antitrust Division. He delivered a sweeping indictment of the proposed settlement alleging that it reflects both ineffective antitrust enforcement and a failure of safeguards created to limit lobbying and political favoritism.
To fight the DOJ, Live Nation and Ticketmaster engaged multiple Trump-aligned lobbyists and allies including Kellyanne Conway, Mike Davis, Ariel Emanuel, and Ric Grenell. President Trump reportedly intervened after Emanuel, former AG Pam Bondi, White House counsel David Warrington, and Acting Assistant AG Omeed Assefi met at the White House with Live Nation CEO Michael Rapino on the same day the settlement was reached.
“If there is one instance of the abuse of prosecutorial discretion over antitrust enforcement that will harm the DOJ’s reputation and injure the average American," testified Alford, "it is the Live Nation–Ticketmaster settlement.”
"We simply want to be able to retain and manage the relationship between musician and audience without the influence of extractive corporate power."
Two NIVA Members Testify
"bands are going to suffer and the fans suffer"
Two members of the National Independent Venue Association (NIVA) also testified.
Jerry Mickelson, Chicago-based venue owner and promoter at Jam Productions, decried the thousands of arena shows lost to Live Nation. He described how Live Nation offers Artists higher fees because it profits from ticket sales, venue ownership, ticket fees and sponsorship. "We simply want to be able to retain and manage the relationship between musician and audience without the influence of extractive corporate power," said Mickelson.
"I'm here today not asking for your pity or special treatment," testified Tom DeGeorge, co-owner of The Crowbar on Tampa, FL, "but on behalf of my community asking for a fair shot."
His venue will close in July after decades of live shows. ""If we lose our venues," DeGeorge continued, "the bands are going to suffer and the fans suffer. And we cannot let that happen."
One Artist Spoke
"artists are reasonably worried about retaliation"
Just one artist testified.
"Some artists are reasonably worried about retaliation," said Franz Nicolay of The Hold Steady. "Artists who expect [they] have to maintain a working relationship with Live Nation for the foreseeable future to be able to tour successfully."
"The monopolistic forces that control the industry equally affect the broad popular music middle class," Nicolay told members of Congress. "We hope that the remedies phase of the lawsuit results in the breakup which doesn't just separate Ticketmaster from Live Nation, but also separates the venue and artist management businesses from their tour promotion businesses."
Watch the full ""Corruption Takes Center Stage: How the Live Nation – Ticketmaster Settlement Threatens Antitrust Enforcement" hearing.
