BRATTLEBORO-The first week of March was an important one for live music.
During this time, the antitrust division of the U.S. Department of Justice (DOJ) took Live Nation Entertainment and its subsidiary Ticketmaster to court. They claimed the company had an illegal monopoly that blocks competition in live event promotion and ticketing, resulting in high ticket prices for fans and forcing smaller competitors out. The case also alleged that the company uses coercive tactics to dominate the market.
The DOJ asked the court to break up the two companies, which merged in 2010.
As the owner and general manager of the Stone Church in Brattleboro, and president of the New England branch of the National Independent Venue Association (NIVA), Robin Johnson knows how important this case is and that it was long overdue.
However, in a surprising turn, the case was settled in just a week, with Live Nation being told to change some of its business practices.
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Under the agreement, Live Nation will let venues it owns or operates sell half of their tickets through other platforms and allow performers to use outside promoters. The company will also let retailers, like Eventbrite and Vivid Seats, to list tickets on Ticketmaster’s site, cap service fees at 15% at its venues, and pay a $280 million fee to states that agree to the settlement.
More than two dozen states, including Vermont, said the settlement was not enough and called it just a slap on the wrist for the entertainment giant. They insisted the trial continue, so with a coalition of 39 states leading the way, the case was resumed on March 16.
“The problem with the deal is that they didn’t break up Live Nation and Ticketmaster, which was what was originally asked,” said Johnson. “Also, that fee is only four or five days’ worth of sale for them.”
According to Billboard magazine, Live Nation made $25 billion in 2025.
That’s why Johnson, through his work with NIVA, is urging people to write to their attorney general to make sure the case continues until a fair agreement is reached.
During the pandemic, NIVA launched a successful “Save Our Stages” campaign, which rallied fans to speak up and write to Congress to help independent venues like the Stone Church survive.
“NIVA was behind the Shuttered Venue Operators Grant that awarded $16 billion to independent venues and promoters during Covid. We generated about 20 million messages and emails from fans, and we became noticed in Washington for the strength of our coalitions,” Johnson explained. “Now we are once again asking people to write their state’s attorney general in support of this antitrust case.”
As they did during the pandemic, NIVA is using the “Save Our Stages” slogan for this campaign. You can visit saveourstages.com and fill out a form that will go directly to the Office of the Attorney General. It couldn’t be easier or more important.
If you are a fan of live music, you know this is a fight worth fighting. The tentative settlement did little or nothing to lower ticket prices, which is the biggest problem for consumers.
Anyone who has tried to buy a ticket through Ticketmaster knows how frustrating the process can be.
You end up waiting in a long online queue with thousands of other hopeful fans. On top of that, you have to compete with bots, deal with extra fees, and sometimes find out tickets are sold out, even if you got in right after sales started.
It makes you nostalgic for the days when getting a good concert ticket just meant waiting in line for hours at your local ticket outlet.
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Now, let’s look at the prices.
Variety reported that when tickets went on sale for Bruce Springsteen’s upcoming No Kings-themed “The Land of Hope and Dreams” tour in Los Angeles, prices ranged from $84.55 to $3,007.20. Most people paid between $400 and $1,200, so it is no surprise fans posted on social media that the “No Kings” tour was priced for a king.
Ticketmaster’s “platinum” ticketing is behind these expensive seats, which are reserved for the best spots in the house. They also sold platinum tickets for over $1,000 for recent tours by Harry Styles and Bruno Mars.
These inflated prices impact a venue like Stone Church.
“Ticketmaster and Live Nation have ramped up the cost for their premium shows, and it leaves people unable to attend our shows,” said Johnson.
“As a smaller venue, we feel that ripple effect of people having a limited amount of disposable income to spend on entertainment, and that’s what impacts us most,” he added.
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Other changes on the horizon could bring positive developments to the live music arena.
U.S. Sen. Amy Klobuchar, D-Minnesota, who has long pushed for ticketing reform, was disappointed by the tentative settlement and has introduced new legislation to stop these practices.
As described in a news release from Klobuchar, the Antitrust Accountability and Transparency Act would “strengthen review of antitrust settlements and ensure they protect consumers, workers, and small businesses” instead of special interests.
U.S. Sen. Peter Welch, D-Vermont, quickly lent his support to this act.
“When there’s a bad merger deal, it is consumers and small businesses who foot the bill, facing higher prices and fewer choices as a result,” said Welch in a statement. “Any backdoor corporate settlement needs to face real scrutiny before it’s allowed to move forward. We need stronger antitrust laws that protect hardworking families.”
Johnson agrees that it is a good move and pointed to Welch as a strong supporter of small venues during the pandemic.
He added that they have a strong bill in the State House awaiting Senate approval that addresses ticket resale prices in the secondary market — yet another major problem that plagues the concert industry.
What this all comes down to is major changes are needed in the live music industry — and it starts with this case.
“Our big push now is to make sure the states in the antitrust lawsuit keep it going,” said Johnson.
He again encourages fans to use their voices to help ensure an outcome that benefits fans, artists, and independent venues.
Sheryl Hunter is a freelance writer from Easthampton, Massachusetts. Her work has appeared in various regional and national publications.
This Arts column by Sheryl Hunter was written for The Commons.