Antitrust enforcers have been frustrated with Ticketmaster over how slowly it has responded to the Justice Department’s requests. — Reuters
NEW YORK: The US Justice Department sent out a new raft of information requests in its antitrust probe of Live Nation Entertainment Inc’s ticketing arm Ticketmaster Entertainment Inc amid concerns the company isn’t cooperating with the investigation, according to people familiar with the probe.
The Justice Department had aimed to finalise a complaint against Ticketmaster by the end of last year, but instead opted to continue its investigation and potentially file a case later this year, said two of the people, who alos chose to remain anonymous discussing non-public information.
The largest ticketing company in the United States, Ticketmaster merged with concert promoter Live Nation in 2010 with conditions that barred the companies from tying their services together.
In the years since, rivals have complained to the Justice Department that the firm has unfairly pressured concert and event venues to use both its promotion and ticketing services and retaliated against those that refused.
Lawmakers and antitrust advocates are pushing the Justice Department to break up the company, arguing the 2010 merger should have been blocked and efforts to check Ticketmaster’s behaviour in the years since have failed.
Antitrust enforcers, who have been investigating the company for more than a year, have been frustrated with Ticketmaster over how slowly it has responded to the Justice Department’s requests, said two of the people. Because of that, the Justice Department has been forced to rely on third-parties to help make its case.
In December, the Justice Department sent follow-up information requests to rival ticketing platforms, said two other people familiar with the matter.
Among the episodes under investigation is the Barclays Center’s decision in 2023 to switch from SeatGeek back to Ticketmaster after just one year. SeatGeek, which is expected to go public later this year, took over the ticketing for the Brooklyn, New York, venue in October 2021 in what was expected to be a seven-year deal.
The number of shows promoted by Live Nation declined in that year.
The ticketing platform services several US basketball and football teams, Major League Soccer and most of the English Premier League in the United Kingdom.
But the Barclays Center partnership was to be SeatGeek’s biggest US push, allowing it to sell tickets for concerts as well as the Brooklyn Nets and New York Liberty games at the venue.
The Justice Department and SeatGeek declined to comment. Live Nation didn’t have an immediate comment.
In 2019, the Justice Department found Live Nation repeatedly breached the settlement, and required the company to agree to new terms including an external monitor whose job is to ensure compliance and investigate further disputes.
But that monitor has struggled to make a case the company violated the settlement’s terms since it only prohibits overt threats against venues, said two of the people.
Live Nation has argued that the settlement allows it to route tours to its own venues or to those that use its ticketing unit since that is more profitable for the company overall.
“Venues simply assume that if they don’t use Ticketmaster for their primary ticketing, they won’t get Live Nation concerts,” Minnesota Democratic Senator Amy Klobuchar said at an event last month.
“Live Nation is so powerful that it doesn’t even need to exert pressure. It doesn’t need to threaten. Everyone just falls in line.”
Ticketmaster says it controls 50% to 60% of the market for primary ticket sales, and 20% to 25% of the resale market. A report by the anti-monopoly group American Economic Liberties Project found that Live Nation controls more than two-thirds of the largest US amphitheatres and arenas – 109 out of 156 – most of which use Ticketmaster.
In the wake of Ticketmaster’s botched 2022 sale for Taylor Swift’s blockbuster Eras tour, US lawmakers have introduced a series of bills aimed at requiring greater transparency in pricing or banning multiyear exclusive contracts for ticketing.
In November, a Senate panel subpoenaed Live Nation and its chief executive officer Michael Rapino.
The company said in November that the Senate Permanent Subcommittee on Investigations declined to agree to confidentiality protections to prevent misuse of information about artists and venues. — Bloomberg
