In recent years, Ticketmaster has become synonymous with consumer frustration and dissatisfaction. From opaque ticketing practices to failures with their technology and platform, the company has faced a variety of complaints from concert-goers and event enthusiasts alike. This widespread discontent reached a tipping point when the Justice Department filed an antitrust lawsuit against Ticketmaster in 2024.

However, as political landscapes shift, questions have arisen about whether this lawsuit should be a focus of the new administration. Despite these uncertainties, the answer remains unequivocally yes. In fact, there is actually longstanding, historical precedent regarding the federal government’s authority to foster competition in entertainment and media.

For example, in 1948 the U.S. Supreme Court ruled in a landmark antitrust case, United States v. Paramount Pictures, that film studios had to divest their theatres. This decision led to the Paramount Decree, a standard upheld by the U.S. Department of Justice that prevented film producers from owning exhibition operators. The result: movie theaters and then television networks experienced enormous growth as they were freed from the monopolistic constraints of the studio system.

For the past 15 years, Ticketmaster — and its parent company Live Nation — have been tightening their grip on the live event marketplace through a unique integration approach. The Justice Department has tried to rein in their excessive market power twice since their merger in 2010, but real reform has fallen short. Now the Justice Department and a bipartisan group of 40 state and district attorneys general are suing Live Nation.

When Ticketmaster was acquired by Live Nation, one of the largest event promoters and owners of concert venues, the merger produced the largest entertainment company worldwide. Naturally, there was a need for the Justice Department’s approval since the deal threatened to reduce competition and run afoul of antitrust laws.

President Barack Obama’s Justice Department reviewed the merger and allowed it to move forward with stipulations that the newly formed conglomerate wouldn’t strongarm venues into using Ticketmaster or retaliate against them, as well as license its ticketing software to a competitor. The top antitrust regulator at the time even assured that “there will be enough air and sunlight in this space for strong competitors to take root, grow and thrive.”

But history has shown us that this didn’t happen.

In 2019, the Justice Department under President Trump concluded that Live Nation had not upheld its end of the deal. The mega-business had acquired competitors, promoters, artist management contracts, and even controlling stakes in popular festivals like Bonnaroo, Lollapalooza, and Austin City Limits.

Since the merger, one estimate has Ticketmaster controlling more than 70 percent of global ticket sales, and more than 80 percent of primary ticket sales.

And their control of venues can lead to monopolistic pricing power, which is what we see today. Since the merger, ticket prices have increased by 140 percent. And yes, there are many decision participants in pricing, so price increases alone are merely one possible indicator of monopoly power.

But control of distribution (venues) leading to excessive influence on price increases (limited product supply) is a classic monopoly structure.

Live Nation-Ticketmaster holds contracts with 78 percent of the top-grossing arenas and controls about two-thirds of the secondary market—a revenue stream that brought $4.5 billion into the company in 2022. The lawsuit also details examples of how the company uses its extensive network of venue contracts and questionable business conduct to force artists and venues to select Live Nation as their partner instead of alternatives.

This company has a long, well-documented history of distorting the free market, undermining competition, and putting consumers last. The chaos and consumer dissatisfaction that we are seeing from galvanized Taylor Swift fans to nostalgic Oasis enthusiasts arise from such monopolistic dominance. And they haven’t taken any steps to change that.

Ultimately, the Justice Department’s lawsuit may be the last opportunity to finally get it right for fans. We know the excessive market influence that Live Nation and Ticketmaster have on the market will continue to adversely affect fans, artists, venues, and the overall health of the music and events ecosystem.

Success is not illegal, but monopoly pricing and venue control could be. That’s the question for jury that is slated to hear this case. Let’s just hope the new administration can see through any politics that might get in the way of keeping this lawsuit on the Justice Department’s docket.

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Allan Grafman, an investment banker, is CEO of All Media Ventures. He has served on 12 boards of directors.