NEW YORK — A federal jury is set to decide whether Live Nation Entertainment and its Ticketmaster division illegally dominate the concert industry after closing arguments wrapped up Thursday in a major antitrust case.
Attorneys representing 34 states argued that the entertainment giant uses monopolistic practices to control ticket sales and inflate concert prices across the country.
Live Nation’s defense team pushed back, telling the Manhattan federal court that increased competition exists throughout the industry and their client operates fairly in America’s flourishing concert market.
Defense attorney David Marriott argued the states failed to demonstrate monopolistic behavior by Live Nation.
“They can’t, and they didn’t,” he said.
The federal government initially spearheaded this civil lawsuit but reached a settlement agreement with Live Nation in 2024 just weeks ago, claiming victory after securing significant concessions regarding ticket sales at numerous company-owned amphitheaters. Settlement talks between the states and Live Nation proved largely unsuccessful, causing a week-long trial delay.
Judge Arun Subramanian provided legal instructions to jurors following the conclusion of closing statements. Deliberations were anticipated to begin either late Thursday or Friday.
State representative Jeffrey Kessler told jurors during his closing argument that evidence demonstrated the companies “violated antitrust laws and it is time to hold them accountable.”
Kessler explained to jurors that civil trial standards require only a preponderance of evidence — greater than 50% certainty — to prove Live Nation and Ticketmaster unlawfully exercised monopoly control.
The attorney characterized the corporation as a “monopolistic bully” and claimed it used tactics that “kept digging the moat around the monopoly castle in order to protect their market position.”
According to Kessler, Live Nation’s dominance of 86% of the concert market and 73% of the broader entertainment market including sporting events proves monopolistic control.
Defense lawyer Marriott argued that Live Nation and Ticketmaster earned their market position through decades of dedicated work that produced superior industry products.
“We are the biggest entertainment company and ticketer in the country. We’re not hiding from that fact,” he said. “We are big. That is not against the laws in the United States. Success is not against the antitrust laws in the United States.”
Marriott emphasized the company works to “outflank and outcompete” rivals and urged jurors not to penalize the business because states presented internal communications where employees described as “fierce competitors” discussed defeating the competition.
The defense attorney justified the company’s decision not to immediately terminate an employee who admitted during testimony to writing messages between late 2021 and early 2023 that ridiculed customers as “so stupid” and claimed the company was “robbing them blind, baby.”
“People say, sometimes, stupid stuff,” Marriott explained, noting the remarks concerned lawn chair and parking fees. “We don’t condone that. But we also don’t just ax somebody because they made a mistake years in the past.”
Marriott maintained that entertainment venues and performers are experiencing unprecedented success while fans benefit from a vibrant and growing entertainment sector.
“Our job is to help venues and artists make money. We don’t make excuses for that,” Marriott said.
