Rapid Response | September 6, 2026
Live Nation and Ticketmaster have already lost one of the biggest antitrust fights in modern entertainment.
Now comes the harder question:
What do you do about it?
On September 4, a coalition of 18 attorneys general representing 17 states and the District of Columbia formally objected to the Justice Department’s proposed settlement with Live Nation and Ticketmaster, arguing that the deal is too vague and too weak to meaningfully restore competition.
That objection comes just months after a federal jury found Live Nation and Ticketmaster liable for violating federal and state antitrust laws after a five-week trial. The jury concluded, among other things, that Ticketmaster unlawfully maintained monopoly power in primary ticketing at major concert venues and that Live Nation possessed monopoly power in large-amphitheater markets while unlawfully tying promotion services to those venues.
So liability is no longer the only fight.
The battle has shifted to the remedy.
And in antitrust law, that can be the part that matters most.
The Government Settled. Many States Did Not.
The Justice Department reached a proposed settlement with Live Nation during the March trial. Several states joined the deal, but a much larger coalition rejected it and continued litigating.
Those states then won.
Their April 15 jury verdict established that Live Nation and Ticketmaster had engaged in unlawful monopolistic conduct and that consumers had paid higher ticket fees as a result.
The DOJ settlement, meanwhile, would impose several significant restrictions. Among other things, Ticketmaster would have to loosen portions of its venue exclusivity, permit some ticket inventory to move through competing providers, provide access to certain Ticketmaster backend technology, and operate under other behavioral restrictions.
But it would not do the thing many critics have demanded for years:
break up Live Nation and Ticketmaster.
That is the line now dividing the two enforcement approaches.
Regulation or Restructuring?
The attorneys general challenging the settlement argue that the proposed judgment is not reasonably calculated to restore genuine competition. Their concern is straightforward.
A behavioral remedy tells a dominant company what it may and may not do.
A structural remedy changes the company itself.
That distinction matters enormously here because Live Nation’s market power does not exist in only one corner of the entertainment business. The company operates across promotion, venues, ticketing, sponsorship, and other parts of the live-event ecosystem.
Ticketmaster, meanwhile, remains deeply embedded in primary ticketing at major venues.
The states’ theory is therefore that conduct restrictions may simply regulate a powerful vertically integrated company without fixing the underlying structure that produced the monopoly problem in the first place.
Put differently:
If the market is broken because one company controls too many pieces of it, telling that company to behave better is not necessarily the same thing as creating competition.
Why the Tunney Act Matters
The settlement is not automatically effective just because DOJ and Live Nation agreed to it.
Under the Tunney Act, a federal court must independently determine whether an antitrust consent judgment is in the public interest.
That review gives the public-comment process real significance.
The attorneys general are essentially asking the court to conclude that the proposed remedy does not go far enough given the competitive harm already established in this market.
And the context is unusual.
This is not a case where regulators settled before liability was known.
A jury later found that Live Nation and Ticketmaster had violated the antitrust laws. That verdict gives the court—and the states—a much more developed factual record against which to judge whether the federal settlement actually addresses the conduct and market power at issue.
Why Fans and Artists Should Care
Antitrust remedies can sound painfully technical.
But the practical question is simple:
Will consumers actually have more choices after the case is over?
If competing ticketing companies gain meaningful access to major venues, venues gain leverage.
If venues gain leverage, artists may gain leverage.
If artists gain leverage, pricing, fees, promotion, and touring economics can begin to change.
But if the same market structure survives largely intact, critics worry that the legal victory may produce only marginal differences in the experience fans and artists actually see.
That is why the remedy phase matters so much.
The jury answered whether Live Nation and Ticketmaster violated the law.
The court now has to help answer whether the solution will actually change the market they dominate.
What Happens Next
The federal court must review the proposed DOJ settlement under the Tunney Act while the states that continued through trial pursue their own remedies and financial penalties.
And those states have already made clear that structural relief—including a potential breakup—remains on the table.
That creates an unusual possibility: the federal government and state enforcers may ultimately seek materially different answers to the same monopoly problem.
For Live Nation and Ticketmaster, the liability verdict was a major defeat.
But for fans, artists, venues, and competitors, the more important question may be what comes next.
An antitrust victory that leaves the market unchanged is not much of a victory at all.
