The Department of Justice and Federal Trade Commission announced a public inquiry into the concert and ticketing industries on Wednesday, calling on the public and industry stakeholders to submit comments detailing issues they face in the business, and what they think should be done about it.
The move comes a month after President Trump — with Kid Rock beside him — signed an executive order on March 31 aimed at the live music business. Along with calling for increased enforcement to crack down on ticket scalper bots, the president also called on the DOJ and FTC to submit a report within the next six months detailing recommendations for potential remedies.
“Competitive live entertainment markets should deliver value to artists and fans alike,” Abigail Slater, assistant attorney general for the DOJ’s antitrust division, said in a statement. “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”
As FTC chairman Andrew N. Ferguson said: “Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices. Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated. The FTC is proud to help deliver on that promise and restore fair and competitive markets that benefit ordinary Americans.”
The new inquiry comes nearly a year after the DOJ — joined by state 40 attorneys general — filed a landmark lawsuit against Live Nation last year, accusing the live music company of operating as a vertically-integrated monopoly through its ownership of the eponymous concert promoter and ticketing giant Ticketmaster, calling to break up the two companies.
Live Nation has long denied the allegations, arguing that the DOJ’s claims detract from the issues that would improve the ticketing landscape, mainly lax enforcement to rein in ticket scalpers on the secondary market. Since Trump won the election, the live music business has watched closely on how much Slater and the Trump administration would prioritize the lawsuit.
“DOJ is not helping consumers with their actual problems,” Dan Wall, Live Nation’s executive vice president of corporate and regulatory affairs wrote shortly after the lawsuit was filed. “This is why the government has never been less popular—because they pretend they are fixing your problems when instead they are pandering to a narrow set of political interests.
Live Nation competitors have agreed with the company that the secondary market has kept tickets out of actual fans’ hands while scalpers often siphon off extra cash with no money going to the artists, though they’ve also argued a breakup would make the marketplace more competitive for more companies.
Both advocates and lawmakers have been more vocal in recent months calling for the DOJ to continue its suit, with the American Economic Liberties Project and Break Up Ticketmaster Coalition penning a letter to the department last month.
“Through predatory business practices and exclusionary conduct, Live Nation-Ticketmaster has not only reinforced its stranglehold over ticketing, but has also systematically eliminated potential competitors, including rival concert promoters and fan-friendly ticketing services, to insert itself throughout the ecosystem, exacerbating an already untenable situation,” the letter said.
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