In mid-February, the Department of Justice lost its head antitrust enforcer just weeks before a major anti-monopoly case was set to be argued in court.
Antitrust Division chief Gail Slater announced her abrupt departure via a post on her personal X account. It was not unexpected for those following the agency closely. Tensions had been described over months between Slater and her team with DOJ leadership. President Donald Trump’s personal dealmaking raised questions about the real decision-maker in antitrust matters.
Earlier in the year, two of Slater’s top deputies were fired for “insubordination,” with one later explaining opposition to a wireless networking deal between Hewlett Packard Enterprise (HPE) and Juniper Networks. The departure of another deputy followed just before Slater’s announcement.
The timing attracted attention because Mike Davis, a lobbyist close to Trump linked to the HPE-Juniper deal, is reportedly also working for Live Nation. An alleged connection was not commented on by Live Nation. A former DOJ official remarked, “What was implicit before is now explicit,” regarding Slater’s sudden exit and the influence of powerful corporations.
Following Slater’s departure announcement, Attorney General Pam Bondi thanked her for her service to the Antitrust Division.
A group of DOJ and 40 state attorneys general sued Live Nation-Ticketmaster in May 2024, seeking to dismantle the company accused of using anticompetitive practices. Live Nation allegedly engaged in business tying, exclusionary contracts, and financial threats to inflate ticket prices for consumers. In response, Live Nation argued that the lawsuit ignored other causes for higher ticket prices.
With jury selection approaching on March 2nd, there’s uncertainty over the DOJ’s continued involvement. If the agency withdraws, the states involved could continue the litigation. California’s antitrust enforcer Paula Blizzard confirmed intentions to proceed against Live Nation, while Tennessee Attorney General Jonathan Skrmetti echoed the stance.
Omeed Assefi, interim head of the Antitrust Division, committed to continuing Slater’s agenda. He stated the case is robust and favors trial. Reports indicate Assefi advocates for aggressive antitrust enforcement, emphasizing justice over settlements.
Slater was also recognized for strict antitrust enforcement, although reports suggest her efforts were overridden.
States are typically prepared for changes in federal partnerships, as noted by former Wisconsin antitrust chief Gwendolyn Lindsay Cooley. Adaptations might be necessary, such as reallocating experienced lawyers, but states are expected to handle transitions smoothly.
The T-Mobile-Sprint merger serves as a reference. After the merger’s DOJ approval, states had mixed reactions, with some settling and others continuing litigation, although ultimately failing to block it.
The Live Nation case might see more aggressive state litigation, especially following the company’s widely criticized practices. Attorney generals from California and Connecticut expressed intent to maintain high settlement standards, resisting politically motivated resolutions. Complaints about Ticketmaster frequently reach state AGs, demanding state attention.