Jury finds Ticketmaster is an illegal monopoly

NC Attorney General Jeff Jackson called the verdict a victory for North Carolinians, but it is unclear what, if any, effect the verdict will have on ticket prices.

Concertgoers who have ever cursed Ticketmaster after seeing the high prices for nosebleed seats at their favorite artists’ shows got some welcome news this week.

A federal jury in New York found on Wednesday that Live Nation, the company that runs Ticketmaster, illegally operated as a monopoly, threatened venues who bristled at their demands, and overcharged concertgoers for every single ticket.

The finding could result in significant restructuring of the company and increase competition in the ticket market, but it is unclear if it will do much in the short term to make concerts less expensive. Though the jury found Ticketmaster overcharged customers, the ruling is unlikely to produce significant refunds, because the jurors set the overcharge total at about $1.72 per ticket.

A federal judge scheduled separate hearings for next week to determine the steps Live Nation will now have to take as a result of the verdict.

The case was originally brought in 2024 by the US Justice Department under then-President Joe Biden, and dozens of states, including North Carolina, joined the lawsuit. In March, the Trump Justice Department settled the case with terms favorable to Live Nation. NC Attorney General Jeff Jackson, and the attorneys general of 22 other states, however, rejected the settlement and kept the lawsuit going on their own.

Jackson on Wednesday called the verdict a major victory for North Carolinians.

“This was one of the biggest antitrust cases in years,” Jackson said in a news release. “Every fan who’s watched prices pile up on a concert ticket just got proof they were right to feel mistreated by a monopoly.”

In a separate post on X, Jackson said “this is a huge win for consumers and artists, but it also sends a message that we can still take on monopolies — and win.”

Jackson also criticized the settlement, accusing the Trump administration of favoring Live Nation over consumers.

“I rejected their secret deal because it failed to address sky-high ticket prices for concertgoers,” Jackson wrote. “We wanted the jury to hear the evidence and see what consumers have known for years.

Live Nation argued in court that anyone upset about the cost of live music should blame the artists, since they are the ones who set prices. But Ticketmasters’ substantial fees and control over the market heaped extra costs on the base ticket price, and its recent “dynamic pricing” model, which increased the costs of a given ticket whenever demand was high, made the most popular bands and artists all but unaffordable for many fans. 

A recent analysis of the ticket prices by Rolling Stone found that Ticketmaster “controlled every source of revenue” at more than 260 popular music venues across the country. The average ticket price in the country, Rolling Stone reported, was $132. Now try to take your family, or even a date, and have a beer while you listen.

Live Nation told Rolling Stone that it did not have a monopoly and did not make tickets more expensive than they otherwise would have been.

“There is no evidence in the record that Live Nation or Ticketmaster drives higher ticket prices or that breaking up the company would lower them,” Dan Wall, LiveNation’s vice president of corporate and regulatory affairs, told Rolling Stone.

“If the DOJ or states had credible evidence, they would have presented it. They haven’t. After years of investigation and access to extensive data, there is still nothing tying our structure to higher prices.”

But TicketMaster customers don’t need to scour extensive data, however, to see the fees attached to final prices, or watch the cost of a specific seat soar with demand. 

In a statement after the verdict, LiveNation said it was still opening procedural levers that could limit damages, and “can and will appeal any unfavorable rulings” in the process.

“The jury’s verdict is not the last word on this matter,” LiveNation said.

During the trial, lawyers representing the states introduced complaints from several artists, including Adele and Paul McCartney and an email from Michael Rapino, LiveNation’s CEO, that acknowledged to the band Alabama Shakes that “our fees are too high we can’t defend them.”

State lawyers also introduced Slack messages from two Live Nation employees, who bragged about persuading concert goers to pay for parking and other VIP upgrades.

“Robbing them blind baby. That’s how we do,” Ben Baker, a head of ticketing for Live Nation, wrote on Slack in 2022.

In another series of messages the same year, Baker also laughed at customers for paying “outrageous” fees for access to VIP areas.

“These people are so stupid,” Baker wrote.