Senator Amy Klobuchar has filed the Antitrust Accountability and Transparency Act, a bill aimed at tightening how courts review antitrust settlements. The move comes just days after a high-profile Department of Justice settlement with Live Nation and its Ticketmaster unit that many critics called too lenient.

Why Klobuchar is pushing this now

In her announcement Klobuchar argued that antitrust enforcement should protect consumers, lower prices, and support small businesses. She said the recent DOJ-Live Nation settlement left the public at a disadvantage. The bill is pitched as a fix to ensure courts independently review settlement terms and approve only those that serve the public interest.

Who is backing the bill

The legislation is cosponsored by a bipartisan group of senators, including:

  • Dick Durbin
  • Cory Booker
  • Mazie Hirono
  • Richard Blumenthal
  • Peter Welch
  • Sheldon Whitehouse
  • Elizabeth Warren
  • Chris Murphy

A companion measure is being led in the House by Representative Jamie Raskin.

Key changes proposed to the Tunney Act

The bill would amend the Tunney Act and add several specific reforms:

  • Apply review to the Federal Trade Commission. The Tunney Act currently covers only the Justice Department. The new measure would extend those review rules to the FTC.
  • Bolster disclosure requirements. The government would have to explain how settlement terms address antitrust problems, disclose earlier settlement offers, reveal side deals not included in the consent decree, and disclose all communications related to the settlement.
  • Hold-separate provisions. To prevent companies from combining assets before courts finish their review, the bill would allow courts to impose a hold-separate requirement for up to 90 days while public comments and government responses are evaluated. Courts could extend that period if concerns remain.
  • Strengthen court review. Courts would be required to check that settlements do not create a material risk of unlawful conduct continuing, and that remedies are reasonably related to the antitrust concerns. Judges must rely on reasoned analysis and evidence rather than simple deference to the government.
  • Empower state attorneys general. State attorneys general would be allowed to intervene in Tunney Act hearings as a matter of right, rather than fighting just to have their views heard.
  • Voluntary dismissals. When the federal government voluntarily dismisses a case, the bill creates a process that lets state attorneys general step into the federal government’s role and continue the case.

Reactions from former antitrust officials

Jonathan Kanter, a former Assistant Attorney General for Antitrust, praised the changes, saying the amendments make clear that courts should not simply rubber-stamp government settlements. Roger Alford, a former Deputy Assistant Attorney General for Antitrust, called the proposals welcome and said they would strengthen judicial review of merger settlements and prevent voluntary dismissals from slipping by without scrutiny.

The bill also picked up endorsements from a range of antitrust experts and organizations, including former antitrust chiefs and academics as well as advocacy groups focused on competition policy.

Context: tensions inside the Justice Department

The bill arrives amid recent turmoil in federal antitrust enforcement. The DOJ settled a merger in enterprise networking markets just days before a scheduled trial, a move that reportedly led to the firing of two antitrust officials. Critics have warned of improper influence at the department, with claims that lobbyists without antitrust expertise are pushing for special favors above the Antitrust Division leadership.

Reports also say that Gail Slater, who served as Assistant Attorney General for Antitrust under President Trump, was removed in part because she resisted pressure from Justice Department leadership on antitrust matters, including the case involving Live Nation and Ticketmaster.

What the DOJ-Live Nation settlement does

The settlement requires structural changes to how Live Nation operates with venues and artists. Key elements include:

  • Venues would be able to work with multiple ticketing vendors instead of being tied exclusively to Ticketmaster, although exclusivity would remain an option for some venues.
  • Live Nation would end exclusive booking arrangements at 13 amphitheaters across the United States.
  • Touring artists would be allowed to use other promoters when performing at Live Nation-owned amphitheaters.

Bottom line

Senator Klobuchar is betting that stronger judicial review and more transparency will prevent future settlements from leaving consumers and smaller businesses on the losing side. The bill aims to give courts, states, and the public clearer tools to challenge weak or incomplete antitrust remedies.