The legal battle involving Live Nation and Ticketmaster is set to resume, as numerous states prepare to pursue their claims against the company’s alleged monopoly in the concert industry. This follows a brief court session on Friday, with proceedings scheduled to begin again on Monday.

While the Justice Department and a few states have reached settlements with the company, most of the 40 state and district attorney generals involved are determined to continue their court challenge. These states have retracted their previous request for a mistrial, which was filed after the DOJ disclosed its settlement earlier in the week. Now represented by new external counsel, they plan to present their case without federal lawyers. In a notable decision, the judge has approved the inclusion of internal communications from Live Nation employees who reportedly boasted about exploiting fans, despite the company’s objections.

During a brief session on Friday, Judge Arun Subramanian, appearing more composed than earlier in the week when he criticized lawyers for not notifying him about the imminent settlement, addressed trial logistics and exhibit orders. The Justice Department’s former trial team is aiding in transferring essential information to the remaining states for their court case, according to Jonathan Hatch, the states’ co-lead attorney. However, some data remains in the DOJ’s database, yet to be transferred. The DOJ has agreed to maintain access until all necessary information is secured by the states and their legal teams.

Arkansas, Iowa, Mississippi, Nebraska, Oklahoma, and South Dakota have either finalized or are nearing agreements similar to the DOJ’s with Live Nation. Meanwhile, South Carolina remains in negotiations and may proceed with litigation if a monetary agreement isn’t reached soon. An attorney for these states indicated that South Carolina has provisionally agreed on revised injunctive terms, though specifics are currently undisclosed. This leaves over 30 state attorney generals still actively involved in the lawsuit, unless further agreements are reached before Monday.

The trial is set to continue with the testimony of Jay Marciano, COO of AEG, who was being questioned by a DOJ attorney when the court last adjourned. As the states’ new legal team takes over, they will likely need to reintroduce Marciano’s testimony to the jury. AEG, a competitor to Live Nation-Ticketmaster, also operates within the ticketing and live event promotion sectors.

The judge has also granted permission for several exhibits, including Slack messages between Live Nation employees, to be presented to the jury. These messages were previously sealed but have been made public following requests from media organizations.

The messages from 2022 included two then-regional directors for ticketing at the company’s amphitheatres boasting about how they “gouge” fans with ancillary costs, like for parking or VIP access, and ridiculing fans as “stupid” and saying Live Nation was “robbing them blind.” Live Nation spokesperson Emily Wofford described the exchange as one from a “junior staffer to a friend” and said it “absolutely does not reflect our values or how we operate.” In a brief opposing the motion to exclude the chats, however, the plaintiffs say these “junior” employees now hold important positions at the company: one is the head of ticketing for the arm of Live Nation that operates its amphitheatres, and the other is a senior director of ticketing for Live Nation’s Capital Region.

“Because this was a private Slack message, leadership learned of this when the public did, and will be looking into the matter promptly,” Wofford said in a statement. “Our business only works when fans have great experiences, which is why we’ve capped amphitheater venue fees at 15% and have invested $1 billion in the last 18 months into U.S. venues and fan amenities.”

Live Nation had sought to exclude the exhibits from being shown to the jury, with its attorneys arguing they were simply “informal Slack messages” without relevance to the case. Attorneys for the government argued the messages represent “candid, internal messages” that rebut the company’s claim that it invests in amphitheaters to give fans and artists a great choice of where to see a concert. The judge agreed that Live Nation had “opened the door” to this kind of evidence by bringing up the quality of fan experiences at its venues in its opening statement.

In any event, the show will go on beginning Monday morning.