The proposed U.S. Department of Justice settlement with Live Nation and Ticketmaster has entered its next phase, and the National Independent Venue Association (NIVA) is urging independent venues, artists, promoters, festivals and fans to make their voices heard.
On Monday, the DOJ officially published the proposed settlement in the Federal Register, triggering a 60-day public comment period under the Tunney Act. The process gives the public until September 4, 2026 to submit comments before U.S. District Judge Arun Subramanian determines whether the agreement is in the public interest.
The comment period follows one of the most consequential antitrust rulings in live music history. In April, a federal jury found Live Nation and Ticketmaster liable on all monopolization counts brought by a coalition of state attorneys general, concluding that the company had illegally monopolized key segments of the live entertainment industry. The remedies phase of that case is still ahead.
NIVA, which has consistently advocated for stronger competition in the live music marketplace, argues that the DOJ's proposed settlement falls well short of addressing the structural issues identified during the trial. Additionally, the monetary penalty doesn't meet the scale and scope of the damage. NIVA Executive Director Stephen Parker stated:
"Six states signed on to this insufficient deal and will share about $18.5 million. Live Nation earns that in roughly six hours. Over the 60 days the public has to comment on whether this settlement serves the public interest, it is estimated that Live Nation will take in more than $4 billion."
According to NIVA, the proposed agreement would leave Live Nation's vertically integrated business model largely intact.
While the settlement includes measures such as limited amphitheater divestitures, a cap on one category of Ticketmaster fees at Live Nation-owned venues, and an extension of the company's existing consent decree, it would not require Live Nation to divest Ticketmaster or separate its ticketing, promotion, venue ownership and artist management businesses.
The organization also notes that the settlement would not affect Live Nation's festival business, would not impose new limits on the company's role in routing national tours, and would leave many of the broader structural questions raised during trial unresolved.
Those issues remain central to the separate remedies proceedings being pursued by the coalition of non-settling states. Judge Subramanian is expected to consider the DOJ settlement later this fall, while the states continue seeking additional remedies that could include Ticketmaster divestiture, further venue sales, restrictions on tying concert promotion to venue bookings, limits on exclusive ticketing agreements, and financial damages. A hearing on Live Nation's post-trial motions is scheduled for July 30.
NIVA is encouraging anyone affected by the live entertainment marketplace — including independent venues, promoters, festivals, artists, managers, agents and concertgoers — to submit comments directly to the DOJ during the Tunney Act review before September 4, 2026.
For independent venues, the comment period represents one of the few opportunities to place their experiences directly into the court record before a judge decides whether the proposed settlement adequately addresses competition in the live entertainment industry.
HOW TO SUBMIT A COMMENT
Anyone may comment. Independent venues, promoters, festivals, artists, agents, managers, and fans are all encouraged to do so. Fans should share how Live Nation and Ticketmaster have made for a terrible live experience for them. Comments are submitted directly to the Antitrust Division, and they are then posted publicly, filed with the court, and published in the Federal Register.
View the formal Tunney Act filing in the Federal Register HERE
Deadline: September 4, 2026
By email: LiveNationPublicComment@usdoj.gov
By mail: David Teslicko, Acting Chief Financial Services, Fintech, and Banking Section Antitrust Division, U.S. Department of Justice 450 Fifth Street NW, Suite 4000, Washington, DC 20530
The case: United States et al. v. Live Nation Entertainment, Inc. and Ticketmaster L.L.C., No. 1:24-cv-3973 (S.D.N.Y.). The notice appears at 91 Fed. Reg. 41330 (July 6, 2026).
NIVA will publish a comment toolkit for members, artists, and fans in the coming days, and will file its own detailed comment with the Department and the court before the deadline.
