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64.
Ticketmaster restructured how ticketing companies get paid for their services.
Venues used to pay ticketing service companies to ticket events. But in the early 1980s,
Ticketmaster started passing more ticketing costs onto consumers (who effectively have no
choice in selecting the ticketer) in the form of fees, and then sharing some of the additional
revenue with venues. Second, Ticketmaster began paying venues large upfront advances in
exchange for the exclusive, multi-year right to sell and distribute their tickets.
65. On February 10, 2009, Live Nation (then known as Live Nation, Inc.) and
Ticketmaster (then known as Ticketmaster Entertainment, Inc.), agreed to merge. At the time,
Live Nation was an emerging direct competitor to Ticketmaster in primary ticketing services:
after spending nearly two years evaluating, licensing, and developing its own ticketing platform,
Live Nation had rapidly become America’s second-largest primary ticketer at major concert
venues.² Alleging the merger would likely substantially lessen competition in the provision and
sale of primary ticketing services for major concert venues, the United States and nineteen states³
filed a case challenging the merger under Section 7 of the Clayton Act, 15 U.S.C. § 18.4 The
parties agreed to a consent decree, entered as a final judgment in the Section 7 case on July 30,
2010, allowing the merger to proceed subject to certain conditions.
2 Amended Complaint at 5 ¶ 3, 13–14 ¶¶ 34–37, United States et al. v. Ticketmaster Ent., Inc., et al., No. 1:10-cv-
00139, Dkt. No. (D.D.C. Jan. 29, 2010), ECF No. 5.
3 Specifically, the States of Arizona, Arkansas, California, Florida, Illinois, Iowa, Louisiana, Nebraska, Nevada,
Ohio, Oregon, Rhode Island, Tennessee, Texas, Wisconsin, New Jersey, and Washington and the Commonwealths
of Massachusetts and Pennsylvania. Id. at 1.
4 Id. at 1746.
5 Final Judgment, United States et al. v. Ticketmaster Ent., Inc., et al., No. 1:10-cv-00139 (D.D.C. July 30, 2010),
ECF No. 15.
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Source: Elections - nytimes.com
