Live Nation and Ticketmaster's Surprise DOJ Settlement Attempts to Set New Ticketing Rules

On March 8, 2026, Live Nation and Ticketmaster announced their preliminary settlement agreement with the U.S. Department of Justice in the high-profile antitrust case against the concert promoting and ticketing giants. The suit accuses Live Nation and Ticketmaster of engaging in an illegal monopoly over live events and anticompetitive business practices, see  United States v. Live Nation Ent., Inc., No. 1:24-cv-03973-AS (S.D.N.Y. filed May 23, 2024).

The term of the settlement agreement lasts eight years and generally applies to events at “Major Concert Venues” and “Amphitheaters.” The definitions of each are missing from the signed term sheet, but recent articles quoting DOJ lawyer David Dahlquist have defined them as follows:

• “Major Concert Venue” – a venue with a capacity of at least 8,500 people hosting at least 10 concerts per year.
•  “Amphitheater” – an outdoor venue larger than clubs or theaters, but smaller than arenas and stadiums.

Under the term sheet signed by Live Nation and the DOJ, Live Nation must establish a Settlement Fund of $280,388,297 to resolve claims for monetary relief and civil penalties brought by certain states. The deal also requires a series of structural changes, rules, and restrictions on Live Nation and Ticketmaster’s venue and ticketing businesses. The remedies fall into three categories:

1. Ticketing Exclusivity
2. Venue Contracts & Divestiture
3. Anti-Competition Enforcement

Ticketing Exclusivity

Ticketmaster has 9 months to build a standardized web interface that enables venues to sell primary tickets through any third-party ticketing platform of their choice (e.g., StubHub, SeatGeek, and the like), without imposing additional fees.

• If a venue is already a party to an exclusive contract with Ticketmaster for a term of four years or longer, Ticketmaster must give that venue the option to exempt up to 20 percent of primary tickets from exclusivity commitments for the remainder of the contract. In addition, all venues under existing contracts will be allowed to waive exclusivity and try a third-party platform for one event per year remaining in the contract.
• Exclusive contracts with Ticketmaster will be capped at a term of four years. Alternatively, venues may enter into longer, non-exclusive agreements, where a portion (at least 20 percent) of primary tickets per event are sold on third party platforms. Ticketmaster is required to alert venues of both options.
• Ticketmaster may not initiate early renewal contract negotiations with a venue. Auto-renewal provisions in new ticketing contracts are prohibited, and Ticketmaster must waive auto-renewal terms in existing ticketing contracts.
• Live Nation will provide artists with all information on ticket purchasers for that artist’s show on request. Each artist must be informed this option exists in all cases, and disclosure of said data will be subject to a DOJ-approved NDA.

Venue Contracts & Divestiture

• Amphitheaters:
  • Ticketmaster must cap ticketing fees at 15 percent in Live Nation-owned Amphitheaters.
  • Live Nation must allow third-party promoters renting a Live Nation-owned Amphitheater to distribute up to 50 percent of primary tickets through any ticketing platform they choose.
  • Live Nation will divest ownership of 13 named Amphitheaters.
• Major Concert Venues:
  • Live Nation will not enter into exclusive or preferred access booking/co-promotion agreements with Major Concert Venues.
  • Live Nation will waive any exclusivity or preferred access rights of existing booking/co-promotion agreements.
  • Live Nation will not enter into agreements requiring venues or other promoters to co-promote non-Live Nation concerts with Live Nation.

Anti-Competition Enforcement

• Live Nation must allow artists to perform at Live Nation-owned Amphitheaters regardless of whether the artist contracts with Live Nation to promote those performances. Live Nation must also offer all artists venue rental terms that are at least as favorable as those offered to artists who do use Live Nation as the concert promoter for such events.
• Live Nation is prohibited from retaliating in any way against a venue that selects a primary ticketing company other than Ticketmaster.
• Live Nation and Ticketmaster must notify the U.S. and State Executive Committee before acquiring any ticketing service, concert promoter, or venue.
• Live Nation will terminate its ticketing services agreement with Oak View within 30 days. Live Nation agrees not to enter into a similar agreement that rewards a venue agent for converting any ticketing contracts to Ticketmaster.
• Live Nation agrees to pay a penalty of $5 million per violation of the final decree.

How Will This Song End?

Although the preliminary term sheet is signed by the DOJ and Live Nation, the parties are facing major headwinds against its ratification. According to recent reports, Judge Arun Subramanian and the other plaintiff states were blindsided when the DOJ and Live Nation announced the settlement mid-trial before the jury. Judge Subramanian called the announcement “completely unacceptable.” Meanwhile, twenty-seven Attorneys General have refused to approve the deal as of the date of this writing, including from New York, Arizona, California, Colorado, Connecticut, Illinois, Ohio, Kansas and Maryland. Those states asked Judge Subramanian to declare a mistrial, arguing that Live Nation and the DOJ “irreparably prejudiced the remaining Plaintiff States before the currently empaneled jury.” New York Attorney General Letitia James criticized the settlement, arguing that it “fails to address the monopoly at the center of this case, and would benefit Live Nation at the expense of consumers.” 

Although Judge Subramanian admonished the parties for the unorthodox manner in which they presented the settlement, he nevertheless instructed Live Nation to continue negotiations with the coalition of hold-out states this week. However, this remains a developing situation due to the current standoff.

The named venues are: Empower FCU – Syracuse, NY, Maine Savings Amphitheatre – Bangor, ME, BMO Pavilion – Milwaukee, WI, American Family Insurance Amphitheater – Milwaukee, WI, Bethel Woods Center for the Arts – Bethel, NY, Germania Insurance Amphitheater – Austin, TX, Riverbend Music Center – Cincinnati, OH, Brandon Amphitheatre – Brandon, MS, Cynthia Woods Mitchell Pavilion – Woodlands, TX, Ford Idaho Center – Nampa, ID, Pine Knob Music Theatre – Clarkston, MI, Walmart Amphitheatre – Rogers, AR, and Wharf Amphitheatre – Orange Beach, AL.