The Case For Breaking Up Live Nation & Ticketmaster, Cornell Lawyer Explains + Coachella's Lawyer Jason Bernstein Talks Practicing Law for AEG (EP 15)

Decibel & Docket Podcast: Live Nation Verdict, Antitrust Showdown & Coachella’s Legal PlaybookIn this episode of Decibel & Docket, host Dave Brooks delivers a deep dive into one of the most important legal battles shaping the modern live entertainment industry: the antitrust case against Live Nation and Ticketmaster. With expert commentary and insider insights, this episode unpacks the trial’s outcome, what happens next in the remedies phase, and why the possibility of breaking up one of the most powerful companies in live music is now a serious consideration.Legal scholar and economist Eric Hovenkamp of Cornell University joins the podcast to analyze the government’s case and explain why the verdict came down in favor of the plaintiffs. He breaks down the structural issues at the heart of the case, including Ticketmaster’s exclusive venue agreements and the broader market power created by the Live Nation–Ticketmaster merger. Hovenkamp also explores the limitations of past behavioral remedies, arguing that previous attempts to regulate the company’s conduct failed to prevent anti-competitive behavior—making stronger action, including a potential divestiture, more likely this time around.The conversation also looks ahead to the remedies phase, where the court will determine how to address the violations. Hovenkamp explains the difference between behavioral remedies—such as restrictions on business practices—and structural remedies like a corporate breakup. He discusses why courts are often cautious about breakups, but notes that this case may be uniquely suited for one, given the relatively recent merger and evidence that earlier safeguards did not work. The discussion also touches on how increased competition could impact ticket prices, fee transparency, and overall consumer experience in the live music marketplace.In the second half of the episode, AEG Presents executive and Coachella attorney Jason Bernstein provides a fascinating behind-the-scenes look at the legal and business mechanics of the global touring industry. Bernstein shares his unconventional path from concert promoter to in-house counsel and offers detailed insight into how major festivals like Coachella protect their intellectual property. From trademark enforcement to preventing unauthorized use of festival branding, he explains how AEG maintains control over one of the most valuable brands in live entertainment.Bernstein also dives into the complexities of global touring deals, including how promoters structure multi-territory agreements, manage financial risk, and navigate relationships with artists, agents, and managers. He discusses the realities of large upfront payments, the safeguards used to protect investments, and why trust and reputation remain critical in an industry built on long-term partnerships. The conversation highlights how different types of deals—from venue agreements to artist contracts—vary in complexity depending on the parties involved and their familiarity with the business.Additional insights in this episode include:Why the Live Nation verdict could reshape the concert industryHow exclusive ticketing agreements influence competitionThe role of antitrust enforcement in lowering ticket costs and improving transparencyHow Coachella defends its trademarks and prevents brand dilutionThe inner workings of global touring contracts and artist advancesWhether you’re a music industry professional, legal expert, or an engaged fan curious about how concerts and festivals operate behind the scenes, this episode offers a comprehensive and accessible look at the forces driving change in live entertainment. With a mix of legal analysis and real-world experience, Decibel & Docket continues to explore the intersection of music, law, and business at the highest level.Subscribe to Decibel & Docket for more in-depth conversations on the legal and economic issues shaping the future of live music.