Democrats won control of the House and Senate in Tuesday’s Midterm elections, setting up potential new congressional scrutiny of the live music business when the new Congress convenes in January. The main focus could be the Justice Department’s antitrust settlement with Live Nation and the relationship between StubHub and ticket broker fund Andro Capital.
Democratic lawmakers have criticized the DOJ’s settlement with Live Nation, reached one week into the company’s antitrust trial. The agreement would require the company to curb some exclusivity practices while allowing it to retain Ticketmaster. State attorneys general continued with the trial and won a verdict on their monopoly claims. A judge is now considering whether to approve the settlement or grant the states’ request for Ticketmaster to be sold.
At a May shadow hearing, Democrats objected to the deal and Sen. Richard Blumenthal, the Senate Permanent Subcommittee on Investigations’ ranking member, said he would hold a formal hearing when his party controlled committee proceedings. The new majority will also have subpoena powers to pursue questions about the settlement and President Donald Trump’s involvement, which Democrats have characterized as a “sweetheart deal.”
Live Nation said in a statement to Billboard that the settlement offers “meaningful, enforceable solutions” and that the company would answer questions about how it was reached while working to meet its commitments. It also said it would continue engaging with policymakers on issues affecting fans and artists.
The House Oversight Committee may also intensify its inquiry into StubHub and Andro Capital, a ticket broker fund run by StubHub CEO Eric Baker. Rep. Robert Garcia, the committee’s ranking member, began investigating in July after StubHub disclosed that Andro had earned more than $5 million reselling bulk ticket inventory on the platform since 2022. Garcia has requested financial records about the relationship but previously lacked the power to compel their production.
StubHub has said the arrangement is aboveboard and represents only a small share of its revenue. A company spokesperson said this summer that Baker’s investment had been publicly disclosed and described Andro as a separate company among StubHub’s vendors.
The election is less likely to change the industry’s legislative priorities, according to the report, because music-related bills have support from both parties. The American Music Fairness Act and the NO FAKES Act are among the measures being watched. The latter seeks to ban AI-powered voice cloning and deepfakes.
RIAA chairman and CEO Mitch Glazier said last month that he expected the NO FAKES Act to advance regardless of the election outcome, citing its bipartisan support. He also warned that the industry could lose a key Senate advocate if Sen. Marsha Blackburn won Tennessee’s governor’s race. Blackburn won on Tuesday, meaning she will leave the Senate. Glazier pointed to Reps. Nathaniel Moran, Becca Balint and Laura Friedman as rising congressional supporters of music issues.
Sources: Billboard.