Live Nation, Ticketmaster Stockholders Approve Merger

Live Nation and Ticketmaster announced that stockholders, at annual meetings held Jan. 8, voted to approve the proposed merger that is still under federal regulators’ microscopes. 

On the Live Nation side, more than 99% of the shares voted were cast in favor of the merger, according to a LN statement. The company’s stockholders also approved all other proposals submitted to a vote, including a proposal to change the company’s name to “Live Nation Entertainment, Inc.” following the completion of the merger.

Ticketmaster’s statement was nearly identical, with more than 98% of shares voted in favor of the merger.

Ticketmaster stockholders also approved all five proposals put before them, including the re-election of all 11 members of the Board of Directors and the amendment and restatement of the Company’s 2008 Stock and Annual Incentive Plan.

The transaction remains subject to the receipt of regulatory approvals and the satisfaction or waiver of other customary closing conditions.

Opponents of the merger reacted swiftly with a statement of their own.  A coalition of independent promoters, consumer groups and ticket brokers behind TicketDisaster.org sent its reaction within 30 minutes of the announcements:

“Fifty members of Congress have been joined by thousands of consumers who have contacted the Department of Justice and demanded action to protect competition and choice in the live entertainment industry,” said Sally Greenberg, Executive Director of the National Consumers League, a founding member of the TicketDisaster.org coalition. “The only parties who appear to be in favor of this deal are Ticketmaster and Live Nation, themselves. Consumers know that if approved, this deal will lead to higher prices, worse service, and fewer options for live events.”

“Stockholder approval should not be confused with public approval, and the companies’ bottom lines should not be compared to the public interest,” said David Balto, former Federal Trade Commission policy director and counsel to the consumer and industry groups. “While this move is necessary for the companies to proceed, it has no impact on alleviating antitrust concerns or DOJ’s decision in how to move forward.”

“It is the legal responsibility of the Antitrust Division to halt anti-competitive consolidations, and this remarkable consolidation of a large section of the entertainment industry presents the Obama Administration with its first highly visible opportunity to show they will be taking that role seriously,” said Bert Foer, President of the American Antitrust Institute. “The antitrust and consumer protection communities are watching this one like a hawk, and we have strong reason to believe DOJ will show up for this fight.”