Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Justice Department and FTC launch public inquiry on unfair and anticompetitive live ticketing practices, (May 8, 2025)

By Peter Reap, J.D., LL.M.

The inquiry comes as both government and private litigations proceed against Live Nation Entertainment and its subsidiary Ticketmaster.

The Justice Department and the FTC jointly launched a public inquiry to identify unfair and anticompetitive practices and conduct in the live concert and entertainment industry. The agencies invited the public to submit comments and information on harmful practices and on potential regulation or legislation to protect consumers in the industry. On March 31, 2025, President Trump issued Executive Order 14254, Combating Unfair Practices in the Live Entertainment Market, and the agencies stated that they will use the gathered public comments in preparing the joint report by the Secretary of the Treasury, Attorney General, and Chairman of the FTC that is called for in the Executive Order.

Slater, Ferguson comments. “Competitive live entertainment markets should deliver value to artists and fans alike,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”

“Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices,” said FTC Chairman Andrew N. Ferguson. “Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated. The FTC is proud to help deliver on that promise and restore fair and competitive markets that benefit ordinary Americans.”

Executive order and requested information. Executive Order 14254 directs the Attorney General and the FTC to “ensure that competition laws are appropriately enforced in the concert and entertainment industry.” The Executive Order also directs the FTC to “rigorously enforce the Better Online Tickets Sales Act, 15 U.S.C. 45c.” It calls for the Secretary of the Treasury, Attorney General, and Chairman of the FTC to submit a report within 180 days from the date of the order that identifies “recommendations for regulations or legislation necessary to protect consumers” in the industry. In furtherance of this direction, the agencies will work together, along with the Secretary of the Treasury, on a joint report, with the FTC taking the lead on issues relating to the Better Online Ticket Sales Act.

Thus, the DoJ and FTC are jointly requesting information from the public about unfair and anticompetitive conduct and practices in the live concert and entertainment industry. The agencies also encourage comments providing information on the competitive effects of current state and federal regulations and laws in the live concert and entertainment industry, including the secondary ticketing market. The public will have 60 days to submit comments at Regulations.gov, no later than July 7, 2025.

Live Nation lawsuits. In an action against Live Nation Entertainment, Inc., the largest concert promoter for major entertainment venues in the United States, and its subsidiary, Ticketmaster, the largest primary ticket seller for live events at major concert venues in the United States, the Justice Department, along with 40 state and district attorneys general, is currently litigating a civil antitrust lawsuit brought last year for monopolization and other unlawful conduct that thwarts competition in markets across the live entertainment industry. The complaint, filed in the U.S. District Court for the Southern District of New York, alleges that Live Nation-Ticketmaster unlawfully exercises its monopoly power in violation of Section 2 of the Sherman Act.

In addition, a consumer antitrust class action is also proceeding against Live Nation, and in an April 2025 ruling the federal district court in Los Angeles mostly denied Live Nation’s motion to dismiss (Heckman v. Live Nation Entertainment, Inc., No. 2:22-cv-00047-GW-GJS (C.D. Cal. Apr. 11, 2025)). In that same case, a ruling by the Ninth Circuit, affirming that the delegation clause of the Live Nation arbitration agreement was unconscionable, is the subject of a petition for a writ of certiorari filed with the Supreme Court earlier this month.

General effort to identify anticompetitive regulations. Meanwhile, on May 5, 2025, the FTC and the Department of Justice Antitrust Division issued a joint letter directing the heads of agencies across the federal government to create a list of anticompetitive regulations that reduce competition, entrepreneurship, and innovation. That effort advances President Trump’s Executive Order 14267 on Reducing Anticompetitive Regulatory Barriers.

Companies: Live Nation Entertainment, Inc.; Ticketmaster

MainStory: TopStory Antitrust AntitrustDivisionNews FederalTradeCommissionNews