AEG and Messina Touring Group Urge Judge to Reject DOJ Settlement With Live Nation, Claim It Leaves Ticketing Power Intact

On September 4 , 2026, AEG Presents and Messina Touring Group filed a 15‑page Tunney Act brief urging U.S. District Judge Arun Subramanian to reject the Department of Justice’s proposed settlement with Live Nation Entertainment and Ticketmaster. The two promoters argue the deal preserves the integrated company’s dominance over ticketing, concert promotion and major amphitheaters.

The DOJ settlement, reached on March 9 , 2026 after a trial that began that month, was intended to resolve federal and state antitrust claims that alleged Live Nation and Ticketmaster abused their market power. A federal jury in April found the duo liable on all state‑level claims, but the settlement was designed to avoid a prolonged litigation process.

AEG’s brief focuses on the ticketing remedy. The company contends that the settlement’s “open distribution” provision would allow a limited number of competitors to sell primary tickets for venues that still use Ticketmaster’s underlying technology. AEG estimates Ticketmaster would retain control of roughly 6,500 of the 7,500 annual events at major concert venues—about 85% of the market—while the open‑distribution system would open only about 170 additional events per year to rivals. AEG argues that forcing competitors to connect to Ticketmaster’s back‑end infrastructure creates a “court‑sanctioned platform dependency” that keeps Ticketmaster at the center of inventory management, ticket authentication and other core functions.

The brief also cites testimony from venues that considered AXS or SeatGeek but feared losing Live Nation shows. SeatGeek’s own Tunney Act comment highlighted a “retaliation insurance” program that would compensate venues if Live Nation concerts disappeared after switching ticketing providers. AEG says the settlement’s remedy is insufficient to alter the incentives that arise from Live Nation’s vertical integration.

Messina’s filing, submitted alongside AEG’s, centers on the amphitheater provisions. Louis Messina, founder of Messina Touring Group, claims that in 2024 Live Nation stopped returning his calls when he tried to route tours through its amphitheaters. He alleges that the company prevented Old Dominion, The Lumineers and Shawn Mendes from using his services for amphitheater shows, forcing those artists to book directly with Live Nation. Messina said that the settlement would only release a handful of venues—fewer than 200 shows in 2025—and would not address the loopholes that allow Live Nation to control booking requests, venue holds and commercial terms.

Messina, who has promoted artists such as Taylor Swift, George Strait, Kenny Chesney, Ed Sheeran, Shawn Mendes, The Lumineers and Old Dominion, has a long‑standing partnership with AEG but operates independently. He argues that Ticketmaster’s profits give Live Nation the ability to offer guarantees that independent promoters cannot match, thereby driving smaller promoters out of the market.

Live Nation’s executive Dan Wall responded to the filings, saying that the competitors’ comments “advance their own commercial interests and misrepresent portions of the settlement.” Wall’s statement did not address Messina’s specific allegations about Old Dominion, The Lumineers, Shawn Mendes or Mumford & Sons.

The DOJ must consider the public comments before Judge Subramanian decides whether the proposed judgment is in the public interest. The settlement’s approval would end the DOJ’s antitrust case against Live Nation and Ticketmaster, but the filings suggest that the integrated company’s market power would remain largely unchanged.

The case reflects broader concerns about the concentration of power in the live‑events industry. The April 2026 jury verdict found that Live Nation and Ticketmaster operated an illegal monopoly that harmed consumers and overcharged ticket buyers. The settlement was intended to prevent a repeat of the practices that led to the verdict, but the AEG and Messina filings argue that the remedy falls short of breaking the structural advantages that Live Nation and Ticketmaster enjoy.

The outcome of Judge Subramanian’s decision will shape the future of ticketing and concert promotion in the United States. If the settlement is upheld, Live Nation and Ticketmaster will continue to control the majority of major venues and ticket sales. If the judge rejects the settlement, the DOJ will likely pursue a different remedy that could force a separation of the ticketing and promotion businesses.

The industry will watch closely as the court’s decision is announced, as it will determine whether the integrated model of Live Nation and Ticketmaster can be maintained or whether a new competitive landscape will emerge.