The Justice Department and the Federal Trade Commission have launched a public comment period in their inquiry into unfair and uncompetitive practices in ticketing in the live concert and event business.
Public comments are being taken online, with a deadline of July 6.
Donald Trump signed an executive order in March, ombating Unfair Practices in the Live Entertainment Market, that directed that the DOJ and the FTC ensured “that competition laws are appropriately enforced in the concert and entertainment industry.” The executive order also directed the FTC to ensure enforcement of the Better Online Tickets Sales Act, which restricts the resale of tickets that were purchased via bots. The DOJ and the FTC, as well as the secretary of the treasury, were directed to submit recommendations on potential regulation and legislation.
“Competitive live entertainment markets should deliver value to artists and fans alike,” Gail Slater, who heads the DOJ’s Antitrust Division. “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”
FTC Chairman Andrew Ferguson said, “Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices.”
The DOJ and state attorneys general filed suit last year against Live Nation–Ticketmaster, alleging that the company has a monopoly in live entertainment that has thwarted competition. In response, Live Nation issued called the lawsuit allegations “baseless” and said, “Calling Ticketmaster a monopoly may be a PR win for the DOJ in the short term, but it will lose in court because it ignores the basic economics of live entertainment, such as the fact that the bulk of service fees go to venues, and that competition has steadily eroded Ticketmaster’s market share and profit margin.”
