NIVA Urges FTC and DOJ to Break Up Live Nation, Regulate Ticket Resale Market, and Restore Competition in Live Entertainment
July 8, 2025 – WASHINGTON, D.C. – The National Independent Venue Association (NIVA) submitted formal comments this week to the Federal Trade Commission (FTC) and Department of Justice (DOJ) in response to their joint request for public input on unfair practices in the live entertainment marketplace. NIVA’s submission outlines a comprehensive set of remedies to restore competition, protect consumers, and support independent venues, promoters, and festivals.
In its filing, NIVA identifies two primary threats to the future of the live entertainment sector: Live Nation’s vertically integrated monopoly and the unregulated secondary ticketing market.
“The current system is rigged against fans, artists, and independent stages,” said Stephen Parker, Executive Director of NIVA. “This is a defining moment. We’re urging the federal government to deliver real structural change - not more settlements, not more consent decrees, but decisive action to break up Live Nation and rein in the deceptive practices that dominate ticket resale.”
NIVA’s recommendations include:
Structural divestiture of Live Nation into four separate companies: ticketing, promotion, advertising/sponsorship, and artist management.
Creation of a $500 million annual Venue and Promoter Rebuilding Fund paid for by remnants of Live Nation post-breakup to support small and mid-sized independent venues, festivals, and promoters.
Establishment of a federal oversight board to monitor unfair practices and enforce post-divestiture conduct.
A nationwide ban on speculative ticket listings, including so-called “concierge” or “procurement” services that allow fake tickets by another name.
A federal price cap on ticket resale, ensuring tickets cannot be resold for more than 10% above face value.
Prohibiting resale before the public onsale, which undermines fan-first distribution and inflates prices.
NIVA also calls on the FTC and DOJ to investigate resale platforms and crack down on deceptive websites, predatory chargebacks, and enforce the BOTS Act - all of which are important to prevent the exploitation of fans and the undercutting of small businesses.
The comments sharply criticize provisions in the proposed TICKET Act that would permit speculative ticket sales under a trendy name, describing them as “fake ticket loopholes” and "buy now, pray later" models that contradict the priorities of the U.S. Department of Justice and the Federal Trade Commission.
“Independent stages are infrastructure,” Parker added. “If we don’t fix this now, it won’t just be a cultural loss - it will be a failure of public policy.”
NIVA’s full comments are available here.
ABOUT NIVA
The National Independent Venue Association (NIVA) is the national trade association representing thousands of independent live entertainment venues, festivals, promoters, and more. NIVA works to preserve and nurture the ecosystem of live entertainment. NIVA empowers members and their teams with member benefits, advocacy on the state, local, and federal levels, an annual industry-leading conference, and more.
NIVA led the Save Our Stages campaign, culminating in landmark legislation in 2020 that established the $16.25 billion Shuttered Venue Operators Grant program, the largest arts investment in U.S. history.
NIVA is committed to equity in its support of independent stages. It seeks to create and encourage opportunities for venues, promoters, and festivals owned, operated, and staffed by people of color, women, non-binary, LGBTQ+, veterans, and people with disabilities.
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