Live Nation-DOJ Trial Still Playing Out As Judge Orders Settlement Talks With Hold-Out States

A federal judge is sending Live Nation and dozens of states to the negotiating table.

U.S. District Court Judge Arun Subramanian, presiding over the Live Nation antitrust trial in Manhattan, ordered the live entertainment giant and the attorneys-general of 26 states and the District of Columbia to try and resolve the states’ claims that the company illegally monopolized the concert industry. Those states are the ones who did not agree to the surprise settlement announced Monday by the Department of Justice announced Monday..

Those hold-out jurisdictions — Arizona, California, Colorado, Connecticut, Illinois, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming and the District of Columbia — are represented by attorneys-general of both parties, demonstrating bipartisan skepticism of the deal struck by the feds.

Breaking: Live Nation Reaches Settlement With DOJ In Antitrust Case

Subramanian declined to rule on a mistrial motion made by the hold-out states and said that the trial could continue next week if a settlement is not reached.

Under the terms of the proposed settlement — which still requires Subramanian’s sign-off — Live Nation will divest from exclusive booking agreements with up to 13 amphitheaters, create a $280 million settlement fund (contingent on states agreeing to the settlement) to pay claims made by the states, and open parts of its Ticketmaster platform to competing ticketers. Live Nation would also be required to terminate its preferred ticketing service contract with the Oak View Group (Pollstar parent company). The settlement, according ot the DOJ, is an eight-year agreement and will allow third-party ticketers, including Seat Geek and others, to use Ticketmaster’s technology. Additionally, Ticketmaster cannot use any means to restrict venue choice from the primary ticketing marketplace and must offer venues the option to be non-exclusive.

At court on Monday (March 9), Subramanian asked attorneys why they did not inform him of the settlement, which was agreed to Thursday. A Live Nation attorney said she was unaware of it as trial proceeded Friday. “It shows ​absolute disrespect for the court, for the jury, for this entire process, and it is entirely unacceptable,” the judge said.

On the same day,, Live Nation President and CEO put out the following statement: “Today marks a major step in improving the concert experience for artists and fans throughout the United States. Live Nation is proud to lead the way enhancing this experience with our amphitheaters, which will be open to all promoters, allowing these promoters to decide how best to distribute up to 50% of the tickets, and capping ticketing service fees at 15%. By giving artists greater flexibility in choosing their promotional partners and ticketing strategy while also keeping the cost of a concert more affordable for fans, we are putting more power where it should be.

New York Attorney General Letitia James simultaneously put out a statement saying they’re moving forward with their suit along with the other states. “The settlement recently announced with the U.S. Department of Justice fails to address the monopoly at the center of this case, and would benefit Live Nation at the expense of consumers. We cannot agree to it,” she said. “My attorney general colleagues and I have a strong case against Live Nation, and we will continue our lawsuit to protect consumers and restore fair competition to the live entertainment industry.”

A DOJ official, who disagreed with the state AGs’ assessment, said that, “We started a trial…put witnesses on, made argument…and ultimately while that process was ongoing, the parties were also looking at a way to satisfy the DOJ in lieu of going down a path…I look at our four-count complaint and think the settlement addresses those.” He went on to note that most DOJ cases end up in a settlement.

Stephen Parker, executive director of the National Independent Venue Association, called the settlement “a failure of the justice system.”

“Live Nation’s reported settlement amount – $280 million – is the equivalent of 4 days of their 2025 revenue, which means they could potentially make it back by this Friday,” he said in a statement. “The reported settlement does not appear to include any specific and explicit protections for fans, artists, or independent venues and festivals. Reported details also indicate that ticket resale platforms could be further empowered through new requirements for Ticketmaster to host their listings, which would likely exacerbate the price gouging potential for predatory resellers and the platforms that serve them.”

Pollstar will continue to update this story.