Maryland helped beat Ticketmaster. Now comes the hard part

Maryland Attorney General Anthony Brown recently helped secure one of the biggest antitrust victories in decades when a federal jury found Live Nation–Ticketmaster unlawfully maintained monopoly power in parts of the live entertainment industry.

For Maryland music fans, however, the most important part of the case is still ahead, and it’s something that their congressional delegation can help address.

The upcoming remedies phase will determine whether concertgoers at venues like The Fillmore in Silver Spring and MGM National Harbor actually see lower ticket prices or whether Live Nation continues business much as usual despite the verdict.

Live Nation-Ticketmaster has spent years building extraordinary control over the live entertainment industry. The company controls ticketing, promotion and many of the venues where Americans attend concerts. According to AG Brown’s lawsuit, it used that power to lock venues into exclusive contracts, punish competitors, and make it harder for artists and venues to seek alternatives.

Trial evidence included internal communications that plaintiffs argued reflected a dismissive attitude toward consumers.

Thankfully, state attorneys general stepped in. Brown joined with 32 states and the District of Columbia in pursuing the case, and after a five-week trial, a unanimous jury concluded that Live Nation operates a monopoly that harms consumers.

“For years, Live Nation and Ticketmaster exploited their monopoly power at the expense of fans, artists, and competing venues,” Brown said following the verdict. “Today’s historic verdict holds this company accountable under the law, and we will continue fighting to secure the full relief that live music fans, artists, and venues in Maryland deserve.”

Brown’s emphasis on “full relief” is important because the jury verdict was only the first step. The judge must now decide what penalties and reforms to impose. Those decisions will determine whether the verdict meaningfully changes the concert industry or merely becomes a symbolic victory.

Marylanders have a direct stake in the outcome. This summer alone, fans can catch performances from T.I., Flyleaf, Jason Derulo, Darius Rucker, Ari Lennox, Sammy Hagar and Roger Daltrey. Yet for many families, the cost of attending live events has become increasingly difficult to justify as ticket prices and fees continue climbing.

Some antitrust advocates have argued that remedies proposed in recent technology monopoly cases have not gone far enough to restore competition. A similar outcome in the Live Nation case would leave many of the underlying competitive problems untouched.

That is why Maryland Rep. Jamie Raskin, the Ranking Member of the House Judiciary Committee, held a shadow hearing in mid-May to highlight what is at stake. “If our system has any hope of reining in monopolies and protecting American consumers, then the remedies for violations this profound must be searching and comprehensive,” he said. “If the structure of Live Nation-Ticketmaster virtually guarantees anticompetitive conduct — and I believe it does — then structural remedies must be on the table.”

Raskin is right. If the court concludes that Live Nation’s vertical integration contributed significantly to the anticompetitive conduct found by the jury, structural remedies should remain under consideration. Requiring divestitures or separating key business lines could help restore competition throughout the live entertainment industry.

Policymakers should also consider mandating open ticket distribution. One possible reform would allow consumers to purchase tickets through multiple competing platforms rather than a single dominant distributor. These platforms would each try to offer the best combination of price, service, and convenience. Whether someone prefers SeatGeek, StubHub, a venue website, or another platform, competition would work for consumers rather than against them.

The jury has already determined that Live Nation-Ticketmaster violated the law. Now the court and Congress must determine whether that victory produces meaningful change. With leaders like Rep. Jamie Raskin advocating for serious remedies rather than half-measures, Maryland music fans have good reason to believe that this case could mark the beginning of a fairer, more competitive era for live entertainment.

For the thousands of stare residents who love live music, that would certainly be a victory worth celebrating.

Bobby Zirkin served in the Maryland House of Delegates for 8 years and served in the Maryland State Senate for thirteen years from 2006-2020 He served as Chairman of the Senate Judicial Proceedings Committee.