Friday, May 1, 2026

DOJ Wants Sped Up Tunney Act Approval Process After It Denies FOIA Request Judge Sets May 7 Hearing

SDNY COURTHOUSE, April 28 –  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

Inner City Press immediately appealed.

On April 24 a letter to Judge Subramanian: Live Nation's briefing for a new trial to July 2. But DOJ wants the Tunney Act process to move forward: "the United States intends to file the Proposed Final Judgment, Stipulation and Order, and Explanation of Procedures Under the Antitrust Procedures and Penalties Act by late May. The United States would then be in a position to move for entry of Final Judgment in early or mid-September, after the 60-day comment period under the Tunney Act has run, the United States has responded to public comments, and all other Tunney Act requirements are satisfied. The United States believes the Court should be able to enter Final Judgment shortly thereafter. The United States sees no reason to delay entry pending the completion of remedy proceedings. Delaying the Tunney Act proceedings could also affect the approval of state-specific settlements under 15 U.S.C. § 15c." Full letter on Patreon here

On April 28, Judge Subramanian ordered a May 7 hearing: "briefing schedule for defendants' Rule 50(b) motions is approved. The word limits are approved too, but plaintiffs may have up to an additional 1,000 words in their opposition brief to address any remaining issues concerning Dr. Abrantes Metz. Defendants will have an additional 500 words on reply to address any points that plaintiffs raise. The Court will hold a conference on May 7, 2026 at 11:00 am in Courtroom 15A of the 500 Pearl Street Courthouse to address the schedule with respect to the Tunney Act and remedies proceedings. If that date and time doesn't work, please let the Court know. The states and defendants should have someone involved in the parties' prior settlement negotiations there so they can let the Court know if any discussions are ongoing, and if there's a further way that the Court can be of assistance (without telling the Court the substance of any terms being discussed."

April 9 extra/analysis on X for Subscribers here and Substack here

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)