The horizontal control of venues is only one issue. A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company. Ticketmaster has no real incentive to try to prevent resellers from buying up all the tickets on first sale, because it gets to charge fees on all the resales through its platform. The more times a ticket is resold, the better.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.
It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once, including even merely closing those APIs entirely but they continue to do nothing about it.
The verified re-sale thing as you have correctly pointed out just allowed them to pretend like something was being done about scalping while it actually just let them make more money on the resale fees.
> It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once
Oh they did something about it. The ticket brokers can't scoop up all the tickets because many of the best ones are now only released as "Platinum" tickets at 2-5 times the price.
It's long been speculated that they clandestinely participate in the resale market. If the goal of a business is to maximize profit and they control the market and technology around it, they have everything they need to push prices to the absolute limit that a customer is willing to pay.
Based on what came out during the course of the trial, it would not surprise me at all if they are double-selling tickets.
Why not just ban the transfer of tickets and allow refunds? You buy a ticket, you show your ID at the door. Early refunded tickets get resold online and late refunds are sold at the venue. All seats, including the best seats, go to actual fans instead of scalpers just hoping to make a profit while providing zero value. First choice in seats goes to the most passionate and attentive fans.
Our basic findings suggest that the auctions “worked”: price discovery substantially improved; artist revenues roughly doubled versus the fixed-price counterfactual; and, perhaps most importantly, the auctions eliminated or at least substantially reduced potential resale profits for speculators.... And yet, over the decade that has passed since the time of the data, rather than coming into more widespread use, primary-market auctions for event tickets instead disappeared.... We conclude by speculating as to why the auctions failed to take off. As discussed in the introduction....
They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market. Why would TicketMaster want to reduce the number of resales when it collects fees on them?
I'm always annoyed by this kind of news. The problem has existed for a long time, and finally, FINALLY, a court weighs in on some very narrow sliver of the problem, meanwhile things keep getting worse.
It always feels like the scene in Lord Of The Rings where they're waiting for the Ents to deliberate on the big war that's going on, and then after an agonizing amount of time they announce that they just said Good Morning and decided their guests weren't Orcs.
In case you wondered what the point of the federal (i.e. states not totally controlled by federal government) system is, here's a good example. If only the federal government were allowed to pursue this case, it would have ended when the administration changed. 30 states chose to keep the case alive, and good on them.
It makes you wonder why the DoJ settled so early. Or, rather, it doesn’t really make you wonder at all. It’s obvious there was a case and they should have let their lawsuit run. I wonder why they didn’t?
this really seems like a naive question. what about this administration dropping the case seems out of place from the rest of the corruption occurring within it? do you honestly think this administration dropping a case in favor of a powerful business instead of fighting for the consumer as anything other than corrupt?
Bribes, campaign donations, presidential ballrooms. The current administration has settled MANY cases that they'd already won, it's very easy to buy favors now.
On the other hand, I'm not sure a European style tribunal would have been allowed to settle the case early.
Yes. It's good that the states can serve as a check on the Federal level government. But why can the federal level government give up on cases on a national level? Just because a different party was voted in?
The problem is that the Department of Justice is part of the Executive Branch, and due to the burgeoning of the Imperial Presidency over the past several decades, that means that as soon as a new President is voted in, he can order the DoJ to change all their priorities to match his.
Our system doesn't have to be this way, even with the federal/state split; it doesn't even have to be this way with the designation of the DoJ as being within the Executive Branch. It's taken a lot of erosion of norms and flagrant breaking of laws to get to the point the US is at now.
They never should've been allowed to merge. Funnily enough Ticketmaster has the only free API I've found for concert data and it has a ton of results because it is a monopoly.
Sounds about right. The attorneys take $1.52 and leave the victim with $0.20. And then nothing actually happens that would restore a competitive marketplace.
The question should be did Live Nation knowingly allow scalpers (aka ticket brokers) to corner the market on highest demand events AND create artificial scarcity by only posting a small handful of the tickets they controlled at extreme inflated prices increasing the percentage fees collected by Live Nation and Ticketmaster on every ticket sold.
Because the US espouses the virtues of the free market while embracing monopolies. If they cared about dealing with the latter they would empower more regulators like Lina Khan.
My favorite is the local tax office charges extra for paying online vs going in to the office to pay in person. At first, I thought it was a way to recoup the processing fees as you're obviously paying by card online. The last time I paid in person with a card, that fee was not added on though. So they are charging you extra for not having to pay an employee to process your account.
I think that's exactly the point. They've charged you $2 to process the request. They did that work. Even if you get the money back for the event, they still did the job, so they won't refund the service fee.
The horizontal control of venues is only one issue. A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company. Ticketmaster has no real incentive to try to prevent resellers from buying up all the tickets on first sale, because it gets to charge fees on all the resales through its platform. The more times a ticket is resold, the better.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.
It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once, including even merely closing those APIs entirely but they continue to do nothing about it.
The verified re-sale thing as you have correctly pointed out just allowed them to pretend like something was being done about scalping while it actually just let them make more money on the resale fees.
> It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once
Oh they did something about it. The ticket brokers can't scoop up all the tickets because many of the best ones are now only released as "Platinum" tickets at 2-5 times the price.
It's long been speculated that they clandestinely participate in the resale market. If the goal of a business is to maximize profit and they control the market and technology around it, they have everything they need to push prices to the absolute limit that a customer is willing to pay.
Based on what came out during the course of the trial, it would not surprise me at all if they are double-selling tickets.
Why not just ban the transfer of tickets and allow refunds? You buy a ticket, you show your ID at the door. Early refunded tickets get resold online and late refunds are sold at the venue. All seats, including the best seats, go to actual fans instead of scalpers just hoping to make a profit while providing zero value. First choice in seats goes to the most passionate and attentive fans.
> Why not just ban the transfer of tickets and allow refunds? You buy a ticket, you show your ID at the door.
Because everyone on the seller side - including artists - make money on this.
If parties other than fans / buyers cared, it would be a solved problem.
Ticketmaster actually experimented with this https://www.aeaweb.org/articles?id=10.1257/mic.20180230
Our basic findings suggest that the auctions “worked”: price discovery substantially improved; artist revenues roughly doubled versus the fixed-price counterfactual; and, perhaps most importantly, the auctions eliminated or at least substantially reduced potential resale profits for speculators.... And yet, over the decade that has passed since the time of the data, rather than coming into more widespread use, primary-market auctions for event tickets instead disappeared.... We conclude by speculating as to why the auctions failed to take off. As discussed in the introduction....
They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market. Why would TicketMaster want to reduce the number of resales when it collects fees on them?
I'm always annoyed by this kind of news. The problem has existed for a long time, and finally, FINALLY, a court weighs in on some very narrow sliver of the problem, meanwhile things keep getting worse.
It always feels like the scene in Lord Of The Rings where they're waiting for the Ents to deliberate on the big war that's going on, and then after an agonizing amount of time they announce that they just said Good Morning and decided their guests weren't Orcs.
Like jeez can justice move any slower?
> A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company.
Similar problem with "healthcare" insurance companies in the US.
We need a global crackdown on the breadth of markets a company can be involved in - somehow.
In case you wondered what the point of the federal (i.e. states not totally controlled by federal government) system is, here's a good example. If only the federal government were allowed to pursue this case, it would have ended when the administration changed. 30 states chose to keep the case alive, and good on them.
It makes you wonder why the DoJ settled so early. Or, rather, it doesn’t really make you wonder at all. It’s obvious there was a case and they should have let their lawsuit run. I wonder why they didn’t?
this really seems like a naive question. what about this administration dropping the case seems out of place from the rest of the corruption occurring within it? do you honestly think this administration dropping a case in favor of a powerful business instead of fighting for the consumer as anything other than corrupt?
Sorry, I was being satirical and that doesn’t come through always in text. It’s very obvious why they dropped it because they are corrupt as hell.
Bribes, campaign donations, presidential ballrooms. The current administration has settled MANY cases that they'd already won, it's very easy to buy favors now.
On the other hand, I'm not sure a European style tribunal would have been allowed to settle the case early.
Yes. It's good that the states can serve as a check on the Federal level government. But why can the federal level government give up on cases on a national level? Just because a different party was voted in?
The problem is that the Department of Justice is part of the Executive Branch, and due to the burgeoning of the Imperial Presidency over the past several decades, that means that as soon as a new President is voted in, he can order the DoJ to change all their priorities to match his.
Our system doesn't have to be this way, even with the federal/state split; it doesn't even have to be this way with the designation of the DoJ as being within the Executive Branch. It's taken a lot of erosion of norms and flagrant breaking of laws to get to the point the US is at now.
Do not pass go, do not collect $200.
They never should've been allowed to merge. Funnily enough Ticketmaster has the only free API I've found for concert data and it has a ton of results because it is a monopoly.
Alternative sources
- https://apnews.com/article/live-nation-ticketmaster-antitrus...
- https://www.nytimes.com/2026/04/15/arts/music/live-nation-an... or https://archive.is/KA1wV
Background story by Matt Stoller https://www.thebignewsletter.com/p/monopoly-round-up-the-tic... (April 13, 2026)
Matt Stoller is always worth reading.
from the NYT: > The jury determined that Ticketmaster had overcharged consumers by $1.72 for each ticket.
I'm already planning what I'm going to do with the $0.20 refund I receive for each ticket I bought.
Oh, silly me, that's why a $45 ticket came out to $78 at checkout.
Sounds about right. The attorneys take $1.52 and leave the victim with $0.20. And then nothing actually happens that would restore a competitive marketplace.
Back in my day, the federal government would break up monopolies.
Used to be they wouldn't allow such mergers to happen in the first place what with the law and all that.
Well, it’s also the courts. The government recently tried to break up Google but the judge refused
Bidens administration was breaking up Google before Trump came in and stopped the breakup.
Elections have consequences.
Cool, can't wait for the slap on the wrist and a $4 coupon we'll get in 2031.
The question should be did Live Nation knowingly allow scalpers (aka ticket brokers) to corner the market on highest demand events AND create artificial scarcity by only posting a small handful of the tickets they controlled at extreme inflated prices increasing the percentage fees collected by Live Nation and Ticketmaster on every ticket sold.
Venue contracts are a sort of political firewall against any relevant ticketing technology becoming massive globally.
Music festivals were a sort of guerilla attack on lack of venue contracts.
Lots of festivals are owned or controlled by Live Nation.
Concert seats should be handled the same as airline seats. I can buy the same airline seat from dozens of different places online. Why is that?
Because the US espouses the virtues of the free market while embracing monopolies. If they cared about dealing with the latter they would empower more regulators like Lina Khan.
Airlines need distribution. Concert venues don’t.
Mid/high profile venues know they will sell out regardless, they can shop around the venue rights to the highest bidder.
Now do service fees and 'convenience' fees. Every ticket I buy for a movie somehow costs $2 extra now. (As with everything else). Robbery.
My favorite is the local tax office charges extra for paying online vs going in to the office to pay in person. At first, I thought it was a way to recoup the processing fees as you're obviously paying by card online. The last time I paid in person with a card, that fee was not added on though. So they are charging you extra for not having to pay an employee to process your account.
usually the service fee doesn't even get refunded, which feels additionally foul
I think that's exactly the point. They've charged you $2 to process the request. They did that work. Even if you get the money back for the event, they still did the job, so they won't refund the service fee.
California, Minnesota, Maryland, and New York have
There has been a bunch of reporting on this over the past couple years but will this even effect them?
> The jury determined that Ticketmaster had overcharged consumers by $1.72 for each ticket.
I think the decimal point is a few digits too many to the left here... The various "fees" routinely add up to hundreds