Antitrust Encore: When a Settlement Isn’t the End of the Show
The Live Nation/Ticketmaster antitrust trial now presents a paradox. The U.S. Department of Justice (DOJ) reportedly has settled its claims, yet the litigation continues—with a skeptical judge and 32 state plaintiffs still pressing for a breakup. That unusual posture raises deeper concerns about economics, separation of powers, and the limits of antitrust federalism.
U.S. District Judge Arum Subramanian, who reportedly described the DOJ–Live Nation/Ticketmaster settlement as “absolutely unacceptable,” will continue to preside over the trial with the existing jury. Reports indicate that the judge was frustrated by what he described as a “lack of communication” regarding the DOJ’s settlement negotiations with Live Nation.
The handling of the LNTM case raises serious questions about economic efficiency and the separation of powers. A judicial order requiring divestiture of Ticketmaster also would create significant antitrust federalism tensions.