By [卡拉·斯卡内尔]
21分钟前
发布于2026年3月10日，美国东部时间上午11:22
联邦法官对司法部和Live Nation的律师提出批评，指责他们在审判进行期间秘密谈判和解协议，以解决该票务巨头被指控存在垄断行为的问题。
法官阿伦·苏布拉马尼亚姆周二将司法部反垄断部门负责人奥马尔·阿塞菲和Live Nation首席执行官迈克尔·拉皮诺叫到法庭，要求他们对这一秘密协议作出解释，此前他对此毫不知情。
周一，司法部和旗下拥有Ticketmaster的Live Nation宣布达成和解协议，称该协议将通过为消费者提供更多选择和降低票价来惠及民众。
超过30个州的总检察长也参与了针对Live Nation的诉讼，但他们在法庭文件中表示，仅被给予一天时间决定是否加入和解协议。截至周二，大多数州检察长尚未签署该协议，这引发了审判是否会继续进行的疑问。一些州已请求 mistrial（误判/中止审判），并要求至少60天重新整理案件。
法官表示，他不会对中止审判的动议作出裁决，并告诫各州检察长，在1月底得知司法部与Live Nation开始初步和解谈判后，他们本应预见到可能达成协议的可能性。
“各方在此的行为突破了负责任行为的界限，与本法院的传统和原则不符。”苏布拉马尼亚姆表示。
法官下令阿塞菲、拉皮诺及州和解委员会的律师留在法院，试图在本周内达成协议。审判已暂停至周一。
秘密和解谈判
法官称，他在3月2日反垄断审判开始前的周末得知Live Nation与司法部已接近和解。
“然而，美国司法部和Live Nation在审判开始前均未向法院透露这一即将达成的协议。相反，双方允许陪审团组建。我们花了一整天时间在此，宣誓陪审员，直到此时法院才得知存在和解的可能性。”法官对挤满律师的法庭表示。
他表示，司法部和Live Nation上周四签署了一份概述和解条款的意向书，但他直到周日晚上8点才得知此事——当时他仍在处理审判团队提出的动议和证据问题。
“双方表现得仿佛周一就要开始审判，而美国政府和Live Nation的领导层却完全清楚他们已签署了意向书。这再次令人难以理解。”法官说。
他补充称，阿塞菲的副手竟然不知道上周四已签署意向书，这“令人难以置信”。司法部继续传唤证人，周五庭审结束时，一名专家证人仍在作证。
各州律师指责司法部与Live Nation秘密谈判。
“当原告各州通过媒体报道得知和解谈判时，他们多次联系司法部和被告方，要求提供任何拟议和解条款的信息。双方均拒绝提供，原告各州直到2026年3月3日下午才完全得知此事。”各州律师在法庭文件中写道。
“如果被告方选择与原告各州进行有意义的和解谈判，原告各州本可以尝试达成足以解决其竞争关切的和解协议。继续诉讼或与被告和解的决定并非简单的‘是/否’投票。”
法官表示，他要求高层官员留在法院。他直接对拉皮诺说，作为经验丰富的谈判者，拉皮诺应该知道当各方专注时可以达成协议。
“这是90%的关键所在。”法官告诉他。
阿塞菲和拉皮诺均同意，他们受和解协议约束，不会声称协议已破裂。
“如果我不批准，那是另一回事，但你们明白自己受此协议约束。”法官告诉他们。
苏布拉马尼亚姆告诉各方，他们可以使用法庭及其他房间，以最终敲定涉及各州的协议。如果本周内无法达成协议，他们将在法庭上讨论下一步行动。
Live Nation首席律师丹·沃尔告诉法官，本周达成和解的可能性为零。
“这太困难了。涉及的方太多。”沃尔说，“在这个过程中，我们已瞥见一些州的诉求，而这些诉求与其他州的诉求不同。这不仅仅是钱的问题，而是条款问题。我们希望在这里达成最终协议，但在现在到周五之间无法达成，因为复杂性太高，没有机会。”
法官回应道：“用这种态度是不可能的。”
Judge scolds Live Nation and Justice Department for secret settlement talks
By [Kara Scannell]
21 min ago
PUBLISHED Mar 10, 2026, 11:22 AM ET
A federal judge scolded attorneys for the Justice Department and Live Nation for secretly negotiating a settlement to resolve allegations the ticket giant operated as a monopoly while the trial was underway.
Judge Arun Subramanian called the head of the Justice Department’s antitrust division, Omar Assefi, and Live Nation’s chief executive, Michael Rapino, into court Tuesday to answer questions after he was blindsided by the deal.
On Monday the Justice Department and Live Nation, which owns Ticketmaster, announced they reached a settlement they said will benefit consumers by giving them more options and lowering prices.
More than 30 state attorneys general are also part of the case against Live Nation, but said in court filings they were only given one day to decide whether to join the settlement. As of Tuesday, most of them had not signed onto the deal, raising questions about whether the trial would proceed. Some states have asked for a mistrial and at least 60 days to recast their case.
The judge said he was not ruling on the motion for a mistrial and admonished the states saying that they should have been prepared for the possibility of a deal after they learned at the end of January that preliminary settlement talks were underway between the Justice Department and Live Nation.
“From all sides the parties conduct here strains the bounds of responsible conduct and is inconsistent” with traditions and principles in this courthouse, Subramanian said.
The judge ordered Assefi, Rapino and lawyers for the state settlement committee to remain in the courthouse to try to see if they could strike a deal this week. The trial has been put on hold until Monday.
Secret settlement talks
The judge said he learned that Live Nation and DOJ were close to a settlement the weekend before the antitrust trial started on March 2.
“Nevertheless neither the United States nor Live Nation told the court about that imminent deal before trial commenced. Instead, both parties allowed a jury to be selected. We spent a whole day here. We swore them in. It was only at that point that the court was informed that there was the potential for the settlement,” the judge said to a courtroom packed with attorneys.
He said the Justice Department and Live Nation signed a term sheet last Thursday outlining the parameter of the settlement but he didn’t learn about it until 8 p.m. on Sunday night – while he was still fielding questions about motions and exhibits from the trial team.
“Parties were acting as if we were going into trial on Monday when the leadership of the United States and the leadership of Live Nation were fully aware they had a signed term sheet. Again, this is hard to understand,” the judge said.
He added it is “mindboggling” that Assefi’s deputy was unaware that a term sheet had been signed last Thursday. The Justice Department continued to call witnesses ending the trial day Friday with one expert on the stand.
Lawyers for the states accused the Justice Department of secretly negotiating with Live Nation.
“When the Plaintiff States learned of settlement negotiations via media coverage, they repeatedly contacted both the DOJ and Defendants to request information about any proposed settlement terms. Both parties declined and the Plaintiff States remained wholly in the dark until the afternoon of March 3, 2026,” the states wrote in a court filing.
“Had Defendants chosen to meaningfully engage the Proceeding Plaintiff States in settlement negotiations, the Proceeding Plaintiff States could have tried to negotiate a settlement that would be adequate to address their competitive concerns. The decision to continue with the case or settle with Defendants is not a simple thumbs or thumbs down vote,” lawyers for the states wrote.
The judge said he was requiring the top officials to stay at the courthouse. Addressing Rapino directly the judge noted that as a skilled negotiator Rapino knew deals can be reached when the parties are focused.
“That’s 90% of the ball game,” the judge told him.
Assefi and Rapino both agreed that they were bound by the settlement they reached and would not come back saying it had fallen apart.
“If I don’t approve it that’s one thing, but you understand you’re bound to this deal,” the judge told them.
Subramanian told the parties they could have access to the courtroom and other rooms to try to finalize a deal involving the states. If no deal is reached by the end of the week, they will discuss next steps in court.
Live Nation’s top lawyer, Dan Wall, told the judge there is zero chance of reaching a settlement this week.
“It’s too hard. There are too many parties,” Wall said. “We’ve gotten some glimpses in this process of what some states want, and it’s not what other states want. It’s not just about the money. It’s about the terms. We want to stick the landing here, and we won’t stick the landing between now and Friday — there’s just no chance because of the complexity.”
The judge replied, “Not with that attitude.”
