The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a combination of conditions – licensing, divestiture and conduct restrictions – to settle DoJ’s concerns. Although it is still early to draw conclusions about the new administration’s antitrust enforcement policies, this action shows that DoJ was willing to negotiate a solution to replace the competition that had been provided by Live Nation, the second largest, up-and-coming competitor in the market, rather than sue to block the deal. Background DoJ concluded that a combination of Ticketmaster and Live Nation
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The US District Court for the District of Columbia demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger in the primary ticketing services market (Ticketmaster / Live Nation)
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