Judge presses states to negotiate after DOJ’s shock Live Nation-Ticketmaster deal — but holdout AGs push for mistrial

A New York federal judge is trying to keep the Live Nation-Ticketmaster antitrust case from spinning into procedural chaos after the U.S. Department of Justice abruptly settled and stepped away mid-trial — and more than two dozen states refused to join the deal.

At a Tuesday hearing in Manhattan, U.S. District Judge Arun Subramanian urged the remaining state plaintiffs and Live Nation to spend the week negotiating in the courthouse, offering conference rooms — even his robing room — while he weighs whether to grant the states’ request for a mistrial or resume proceedings as soon as next Monday.

Live Nation attorney Dan Wall told the court the odds of reaching a comprehensive settlement by Friday were “about zero,” citing the number of parties and differences in what states want. Subramanian shot back: “Not with that attitude.”

Related Coverage: USA vs. Live Nation

• Judge Says DOJ, Live Nation Showed “Absolute Disrespect” for Court in Settlement Chaos
• DOJ-Live Nation Term Sheet Details Settlement Framework
• Live Nation, DOJ Reach Settlement Avoiding Ticketmaster Breakup
• Consumers, Policy Groups, and Lawmakers Slam Proposed Settlement
• States Plan to Continue Pursuing Live Nation Antitrust Case Without DOJ
• Live Nation Says DOJ Settlement Will “Improve the Concert Experience,” Denies Antitrust Allegations
• ’I Will Not Be Gaslit’: Consumers React to DOJ-Live Nation Settlement

The states argue the DOJ’s sudden exit mid-stream risks prejudicing the jury and leaves them scrambling to assume the federal government’s role at trial — prompting their push for a mistrial and restart. Subramanian has not yet ruled on that request, instead leaning hard on the parties to see if a broader deal can be reached first.

Live Nation CEO Michael Rapino was in court for the talks, underscoring the stakes as negotiations move from press-release politics to courthouse brinkmanship.

What the DOJ deal actually does — and why states say it’s not enough

The DOJ has framed its settlement as a consumer win that “opens” amphitheater ticketing. Reported terms include allowing up to 50% of tickets at Live Nation-controlled amphitheaters to be sold through other marketplaces, a 15% cap on service fees at those venues, divestiture of control/ownership interests tied to 13 amphitheaters, and a settlement fund valued at $280 million.

But a key pressure point: the fund is tied to state participation — meaning if the holdout states don’t settle, that money may never be paid out under the structure described in coverage and court discussion.

New York Attorney General Letitia James, whose office is among the leaders of the non-settling coalition, said the DOJ deal “fails to address the monopoly at the center of this case,” adding: “We cannot agree to it.”

Arizona Attorney General Kris Mayes likewise pledged to keep litigating, saying the federal settlement “does not adequately remedy the harm” and that her office is “committed to seeing it through.”

The political blowback is intensifying

Sen. Amy Klobuchar (D-MN), a longtime critic of Live Nation-Ticketmaster’s dominance, went further — arguing structural separation is the only real fix and signaling she plans to push legislation aimed at tougher oversight of antitrust settlements. In her statement, Klobuchar wrote that “the only way to make live events truly affordable and competitive… is to break up Live Nation.”

Klobuchar cited the fact that Live Nation and Ticketmaster have regularly been accused of violating previous consent decrees put in place by the Department of Justice – raising questions about how anyone should expect the company to not do the same in this new round.

“The Justice Department’s previous agreements with Live Nation failed because they did not change its incentives to enrich itself over fans, artists, and venues. Today’s settlement appears to be more of the same,” she said. “I am glad state attorneys general of both parties are already standing against this deal and pledging to continue the case to protect consumers. It is also troubling that the Justice Department settled this case less than a month after ousting the head of the Antitrust Division amidst warnings Live Nation was circumventing antitrust enforcers to cut a deal. These backroom dealings hurt consumers. That’s why I plan to introduce legislation to strengthen review of antitrust settlements to ensure settlements benefit consumers.”

Industry groups also blasted the deal as too small to change incentives. The National Independent Venue Association called the reported $280 million figure “the equivalent of 4 days” of Live Nation’s 2025 revenue and warned the settlement appears to lack “specific and explicit protections” for fans, artists, and independent venues.