Ticketmaster keeps an average of $7.58 of the price of each ticket for events at major concert venues, an attorney for New York state told jurors at a trial on Tuesday in which dozens of states are seeking to recoup damages for fans.
Ticketmaster and its parent company, Live Nation, are accused of abusing their market power to prop up illegal monopolies in the concert industry. The trial in Manhattan could result in the US Department of Justice arguing for a breakup of Live Nation and Ticketmaster or the companies paying compensation to ticket purchasers.
The DoJ and the attorneys general of New York and 38 other states plus Washington DC claim the entertainment conglomerate dominates live-event markets in ways that hurt artists, venues and fans.
“Today, the concert ticket industry is broken, in fact the concert industry itself is broken,” DoJ attorney David Dahlquist told jurors in his opening statement. “It is controlled by a monopolist. It is controlled by Live Nation.”
Ticketmaster keeps more in fees than competitors such as AXS, according to an expert’s estimate cited by Jonathan Hatch, an attorney for New York state. Fans in the states seeking damages are estimated to have overpaid between $1.56 and $1.72 for tickets, Hatch said.
“We are talking about real money coming out of people’s wallets,” he said.
Live Nation attorney David Marriott told jurors that Ticketmaster takes about 5% of what fans pay for tickets. The company is not a monopolist and faces fierce competition across the industry, he said.
“Every customer we get is a hard-fought battle in a competitive marketplace,” he said.
Singer Kid Rock and Ben Lovett of the band Mumford & Sons are expected to testify at the trial, as are executives from rival ticketing companies and venues, including Madison Square Garden. The DoJ alleges in the case filed in 2024 that Live Nation holds illegal monopolies in certain venue and ticketing markets. Live Nation is accused of requiring artists to use its concert promotion services if they perform at the outdoor amphitheaters it owns.
The DoJ also alleges the company’s Ticketmaster arm dominated ticketing services through threats and multi-year exclusive contracts with major concert venues. Arun Subramanian, a US district judge, recently cut several claims from the case, but rejected Live Nation’s request to pause the trial to allow it to appeal. The US Federal Trade Commission has filed a separate case against Ticketmaster, accusing the company of allowing exploitative ticket resellers to flout its rules and gouge fans.
