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Live Nation Seeks โ€˜Common Groundโ€™ With DOJ, Berchtold Says

Thats the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment
Joe Berchtold, president and CFO of Live Nation Entertainment, testifies during a Senate Judiciary Committee hearing January 24, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Live Nation executives are in discussions with the Department of Justice in an effort to find โ€œcommon groundโ€ as the fedsโ€™ investigation in to the live entertainment giant continues.

At this weekโ€™s J.P. Morgan Global Technology, Media and Communications conference, LNโ€™s President and CEO Joe Berchtold said meetings between the companyโ€™s top executives and leading Justice Department officials are ongoing.

The DOJ opened an antitrust investigation of Live Nation in November 2022 and the Wall Street Journal reported in April that a lawsuit was imminent.

Still, Berchtold believes the DOJ has โ€œan open mind.โ€

โ€œWe wouldnโ€™t get to this point if they didnโ€™t have concerns, but the good news is weโ€™re still talking and theyโ€™ve said they have an open mind,โ€ he said at the conference. โ€œSo without getting into the real details of the conversation, I think itโ€™s fair to say I continue to believe that we fundamentally have business practices that are fully defensible. But weโ€™re also open to figuring out common ground in order to get this settled and moved on. But we donโ€™t know exactly what they want at this point still.โ€

Berchtoldโ€™s statement echoes what he told investors during the companyโ€™s quarterly earnings call May 2, when said discussions between senior officials at the company and DOJ indicated the feds were in the โ€œfinal phaseโ€ of the investigation. On that call, Berchtold acknowledged โ€œcompetitors and interest groupsโ€ were pushing the DOJ to break-up Live Nation and Ticketmaster, but that he didnโ€™t believe that was a legally available remedy as the Justice Department โ€œrepeatedly stated in court filings that the merger and settlement were in the public interest.โ€

โ€œThe DOJโ€™s investigation appears to be focused on specific business practices, not the legality of Live Nation-Ticketmaster merger or our overall business structure. Very little of the conduct that DOJ has raised with us relates to the combination of ticketing and promotion resulting from the merger,โ€ he said.

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