SDNY COURTHOUSE, April 20 – The United States versus Live Nation trial began
on March 2 with jury selection, before U.S. District Court
for the Southern District of New York Judge Arun
Subramanian. Then after a week of testimony it
went on pause, and the DOJ and several states settled with
Live Nation.
Inner City Press submitted a
Freedom of Information Act requests to US DOJ on March 27,
2026.
On March 16 the trial picked back up, with
NYS' Hatch questioning AEG's Marciano followed by a
grilling cross by Live Nation's Marriott, emphasizing the
size and actions of AEG. Then the states called Live
Nation's Bob Roux, who repeatedly said he didn't remember
and couldn't confirm.
Late on March 19, Inner City Press
published TicketMonster in Court, here
On April 15, the jury found Live Nation to
be a monopolist, verdict form here.
Inner City Press immediately published "Ticketmaster Loses
the Jury: Live Nation Death Sentence?" Ebook here,
audiobook and paperback coming.
On the DOJ
FOIA requests, after DOJ correctly granted expedited
processing and Inner City Press voluntarily limited the
scope of its request in order to get the records more
quickly, on April 20 a total denial by DOJ, full copy here:
"By email dated April 4,
2026, you responded to our office’s request for
clarification and narrowed some parameters of your
request. Please be advised that the records responsive
to your request relate to ongoing enforcement
proceedings, and their disclosure could reasonably be
expected to interfere with those proceedings.
Accordingly, the records are exempt from public
disclosure pursuant to 5 U.S.C. § 552(b)(7)(A). Please
be advised that it is reasonably foreseeable that the
disclosure of the information being withheld would harm
the interests protected by this exemption. If you are
not satisfied with the Antitrust Division’s
determination in response to this request1 you may
administratively appeal."
Inner City Press immediately appealed:
VIA OIP FOIA STAR PORTAL
AND EMAIL Date: April 20, 2026
Director, Office of
Information Policy United States Department of Justice
441 G Street, NW, 6th Floor Washington, D.C. 20530 Re:
Administrative Appeal — FOIA Request No. ATFY26-168
Antitrust Division — Live Nation/Ticketmaster Settlement
Records
Dear Director: Inner City
Press/Fair Finance Watch ("ICP"), through its Executive
Director Matthew Russell Lee, hereby appeals the April
20, 2026 determination of the Antitrust Division's
FOIA/Privacy Act Unit, signed by Chief Kathy Hsu,
denying in full FOIA Request No. ATFY26-168 pursuant to
5 U.S.C. § 552(b)(7)(A).
I. BACKGROUND ICP submitted
FOIA Request No. ATFY26-168 on March 27, 2026, seeking
records related to the DOJ Antitrust Division's
settlement with Live Nation Entertainment and
Ticketmaster. ICP narrowed the request on April 4, 2026
in response to the Division's request for clarification.
The Antitrust Division denied the request in full on
April 20, 2026, invoking Exemption 7(A) on the ground
that disclosure "could reasonably be expected to
interfere with ongoing enforcement proceedings." ICP
covered United States et al. v. Live Nation
Entertainment, Inc. and Ticketmaster L.L.C., No.
24-cv-03973 (S.D.N.Y.), from filing through the jury
verdict returned on April 15, 2026 in which the jury
found Live Nation willfully maintained monopoly power in
the primary concert ticketing market and awarded damages
of $1.72 per ticket across 23 states. ICP filed
oppositions to multiple last-minute sealing motions
during jury deliberations.
II. EXEMPTION 7(A) DOES NOT JUSTIFY WITHHOLDING IN FULL Exemption 7(A) protects law enforcement records whose disclosure "could reasonably be expected to interfere with enforcement proceedings." 5 U.S.C. § 552(b)(7)(A). It does not justify categorical, in-full withholding of an entire class of records. The Antitrust Division's determination fails on multiple grounds. A. The civil jury trial has concluded. The jury returned its verdict on April 15, 2026 — five days before the Antitrust Division's denial letter. There is no trial to interfere with. The enforcement proceeding that could conceivably have justified 7(A) protection has concluded on the merits. The Antitrust Division cannot invoke interference with proceedings that are over," etc.
Watch this site.
March 18 extra on "war room(s)" on X for
Subscribers here
and Substack here
On March 6, Inner City
Press was in the courtroom at 8:30 am, and spoke to push
for further unsealing, including of demonstratives. See
new book, "TicketMonster: US v Live Nation 1," ebook,
audiobook and paperback here.
The case is United States of America et al v. Live Nation Entertainment, Inc. et al., 24-cv-3973 (Subramanian)
