Live Business’ Most Consequential Trial In History Underway As DOJ’s Antitrust Case Against Live Nation Kicks Off

In a Manhattan courtroom Monday, jury selection began in the antitrust suit filed by the United States Department of Justice against Live Nation in a case that could end with the break-up of the live entertainment bohemoth.

Live Nation will defend against accusations that its powerful “flywheel” that combines concert promotion, venue operation, artist representation and ticketing constitutes a monopoly that stifles competition and harms consumers, a characterization the company has pushed back against for years in the court of public opinion but now must defend in a federal court, facing down not just the DOJ but also a group of attorneys-general from 39 states and the District of Columbia, perhaps the surest sign that suspicion — or outright animus — towards Live Nation and Ticketmaster is one of the few truly unifying viewpoints in a politically fractious country.

Filed nearly two years ago by the Biden Administration’s Merrick Garland-led DOJ and its antitrust division regarded as one of the most aggressive in America’s antitrust history, the suit has survived a change of administration, shuffles in the antitrust division itself and a last-ditch dismissal effort by Live Nation.

On Feb. 18, U.S. District Court Judge Arun Subramanian ruled that the live entertainment giant must face charges related to tying claims in its amphitheater and concert promotion business and that it has unfairly monopolized ticketing at major concert venues. In addition, Subramanian said the 40 state plaintiffs can seek damages for fans under the parens patriae doctrine. He did narrow the scope of the case in that ruling, dismissing claims that Live Nation monopolized concert promotion and major venue booking. During the final week of pre-trial matters, he also rejected Live Nation’s efforts to delay the trial for an appeal to the Second Circuit, teeing up today’s jury selection.

Hopes for a settlement have been high, particularly since Donald Trump returned to the White House. The departure of antitrust boss Gail Slater amidst chatter that that her division and DOJ brass were at loggerheads about proceeding with the trial was seen by many as a signal a settlement was around the corner, as sources reported various Trumpworld figures had been lobbying the White House on Live Nation’s behalf. For its part, the company made numerous overtures to the White House: a capital projects press campaign explicitly tied the company’s success to Trump’s first term policies even though Live Nation’s highest revenue years came during the Biden Era. Richard Grennel, a Trump confidante, was appointed to Live Nation’s board in May. Just last week, Live Nation reported it paid no federal income tax in 2025 and gave explicit credit to the One Big Beautiful Bill, Trump’s signature domestic policy legislation and Dan Wall, Live Nation’s executive vice president of corporate and regulatory affairs, made the case for a settlement in a blog post titled “It’s Time To Move On.” That post was quietly removed from Live Nation’s website days later.

Without the settlement, voir dire for the jury has begun. Should the sides agree on a panel, opening statements, scheduled for 90 minutes for each side (a length which Subramanian drolly observed “seems long”), will begin Tuesday, though that could begin as late as Wednesday.

Then, a parade of live luminaries will be sworn for testimony. Expect Live Nation president and CEO Michael Rapino and CFO Joe Berchtold, of course, but the comprehensive witness list includes competitors like AEG Presents’ Jay Marciano and SeatGeek’s Jack Groetzinger, along with Oak View Group’s Chris Grainger (OVG is Pollstar‘s parent company). Artists including Kid Rock — who has railed against the Live Nation/Ticketmaster merger while on a tour promoted by Live Nation that uses Ticketmaster’s services — and Mumford & Sons’ Ben Lovett, who also operates The Orion Amphitheater in Huntsville, Alabama.

The trial is scheduled to last more than a month.