Live Nation moves again to dismiss DOJ antitrust suit, claims ‘Zero Proof’
Live Nation and Ticketmaster delivered a bold new filing on December 29th in its ongoing antitrust battle with the U.S. Department of Justice (DOJ). The entertainment giant claims prosecutors have produced no credible evidence showing its business practices cause real-world harm to artists, venues, or fans.
Live Nation says DOJ Has “Zero Proof” of Harm and Anti-Trust Case should be dropped
At the heart of Live Nation’s new argument is a familiar antitrust requirement: plaintiffs must prove “antitrust injury”. This means that consumers or competitors suffered harm directly because of a company’s conduct.
Live Nation argues that, after months of discovery, the DOJ has failed to identify a single venue that paid more due to Ticketmaster’s market power or an artist who received worse promotion terms. Instead, the company calls the government’s claims speculative theories rather than concrete proof.
Live Nation is also challenging the way the DOJ defines the relevant market. They assert that including only certain amphitheaters and “major concert venues” artificially inflates Ticketmaster’s alleged dominance. When broader definitions are considered — like stadiums and larger venues — Live Nation says its market share isn’t nearly as extreme.
Live Nation further contends that long-term exclusive ticketing deals are an industry norm. These deals are willingly entered into by venues, not coercive practices. While the U.S. norm, tickets to shows in the UK, Europe, and most of the world are sold by multiple companies without long term exclusives.
Not so fast…
The DOJ and a coalition of state attorneys general, however, are pushing back. They argue that factual disputes over competition, pricing, and exclusionary contracts belong before a jury — not cut off early by summary judgment.
Their filings contend the evidence supporting claims of “interlocking monopolies” and anticompetitive conduct are ample enough for a trial.
Groups representing independent live music like NIVA have long railed against what they see as damage done by Live Nation’s “vertically integrated monopoly.”
What’s at Stake for the Music Industry
A key hearing and further rulings are expected in early 2026. These could determine whether the case moves forward or ends outright.
If the judge grants Live Nation’s motion, the government’s push to break up the Live Nation–Ticketmaster empire could effectively stall. This would preserve the status quo in concert promotion and primary ticketing. But if the case proceeds to trial, the outcome could reshape how tickets are sold. It could change how venues choose promoters and how competition operates across the live-music ecosystem.
Bruce Houghton
