Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Senator Klobuchar introduces antitrust bill aimed at strengthening review of settlements, (Mar 17, 2026)

By Jody Coultas, J.D.

The Antitrust Accountability and Transparency Act has bipartisan support.

Senator Amy Klobuchar (D-MN) announced a bill that would strengthen review of antitrust settlements so that these settlements are aimed at protecting consumers, workers, and small businesses. The Antitrust Accountability and Transparency Act was spurred by the Justice Department’s recent settlement agreement in the Live Nation-Ticketmaster suit, which Klobuchar called “weak.”

The press release cited the recent settlement agreement reached by the Justice Department in a suit alleging Live Nation and Ticketmaster have monopolized the live entertainment market just a few days before trial. The settlement was reached without the knowledge of many of the lawyers trying the case. According to Klobuchar, the Antitrust Division objected and led to the firing of two antitrust officials. One of those officials, Roger Alford, warned that the Administration is engaged in a “pay-to-play approach to antitrust enforcement” and that “the Department of Justice is now overwhelmed with lobbyists with little antitrust expertise going above the Antitrust Division leadership seeking special favors.” Notably, the Assistant Attorney General for Antitrust Gail Slater was ousted, reportedly in part, because of her resistance to inappropriate pressure by Justice Department leadership over antitrust matters, including the case against Live Nation-Ticketmaster.

In order to address these controversies and to empower courts to ensure settlements are consistent with the antitrust laws’ purpose of lowering prices, increasing choice, and protecting workers, Klobuchar introduced the Antitrust Accountability and Transparency Act. Specifically, the bill would amend the Tunney Act to apply review to the FTC as the Tunney Act currently applies only to the Justice Department. The Act would also requires (1) the government to explain how the proposed settlement remedies antitrust issues; (2) the government to disclose previous settlement offers and the process for reviewing those offers; (3) the disclosure of side-deals not included in the four corners of a consent decree; and (4) the parties to disclose all communications related to the settlement.

After a settlement, courts may move forward with a merger by combining assets before courts finish reviewing a settlement. Once this occurs, courts are frequently reluctant to order parties to “unscramble an egg” even if a settlement is problematic because doing so is costly and disruptive. To remedy this without creating undue delays for businesses, the Act creates a hold-separate requirement for up to 90 days to allow the court to review public comments and government responses. A court may allow the hold-separate period to lapse or, upon showing the settlement may pose problems, extend the hold-separate order as necessary.

In addition to the public interest standard, the Act also requires courts to ensure the settlement terms (1) do not pose a material risk of allowing a merger or other business conduct to continue that threatens to violate the antitrust laws; and (2) are reasonably related to the antitrust concerns, preventing the government from using antitrust as leverage in others, unrelated matters. Courts are also required to base their decisions on reasoned analysis and evidence, and need not defer to the government.

The bill empowers state attorneys general by allowing them to intervene in Tunney Act hearings as a matter of right rather than spending their limited resources fighting to have a court even consider their perspective. Finally, the Act would create a process by which state attorneys general can step into the shoes of the federal government and continue the case.

“When the government prosecutes antitrust violations, the goal should be to uphold the law, lower prices, and protect consumers and small businesses. In the recent settlement between the Department of Justice and Live Nation, it is clear the American people got the raw end of the deal. This bill—which has support from antitrust enforcers from both sides of the aisle—ensures that courts have the tools to independently review settlements and approve only those that benefit the American people,” said Klobuchar.

“Under Donald Trump, antitrust enforcement has become a growing cesspool of corruption. Giant mergers look like the newest way for Donald Trump to play political favorites while slashing choices and jacking up prices for Americans. This bill will protect consumers and workers by making sure the government doesn’t let giant companies like Ticketmaster or HPE off the hook based on influence-peddling,” said Senator Elizabeth Warren.

This legislation is cosponsored by Senate Judiciary Ranking Member Dick Durbin and Senators Cory Booker, Mazie Hirono, Richard Blumenthal, Peter Welch, Sheldon Whitehouse, Elizabeth Warren, and Chris Murphy. Companion legislation is being led in the House by Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee.

The bill is endorsed by Jonathan Kanter (former Assistant Attorney General for Antitrust), Bill Baer (former Assistant Attorney General for Antitrust), Roger Alford (Former Deputy Assistant Attorney General for Antitrust under President Trump); Tim Wu (Former White House as special assistant to the president for technology and competition policy) Randy Stutz (President of the American Antitrust Institute), Bill Kovacic (former Republican Chair of the FTC), Gene Kimmelman (former Deputy Assistant Attorney General for Antitrust), John Newman (Former Deputy Director, Federal Trade Commission), Professor Darren Bush, Public Knowledge, Open Markets Institute, and the American Economic Liberties Project.

Companies: Live Nation Entertainment, Inc.

News: Antitrust AntitrustDivisionNews FederalTradeCommissionNews