Touring

LONDON — The British government has launched a public consultation into the ticketing industry, including the heavily criticized use of dynamic pricing for popular tours, as part of wider efforts to stop music fans from “being fleeced” by “greedy ticket touts.”
The 12-week consultation was announced by the Department for Business and Trade and Department for Culture, Media and Sport on Friday (Jan. 10). It sets out a range of measures to transform the U.K.’s secondary ticket market, including a proposed cap on the price of ticket resales and new legal regulations for ticket platforms around transparency and the accuracy of information they provide to fans.

“From sports tournaments to Taylor Swift, all too often big events have been dogged by consumers being taken advantage of by ticket touts,” said business secretary Jonathan Reynolds in a statement. “These unfair practices look to fleece people of their hard-earned income, which isn’t fair on fans, venues and artists.”

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Government ministers are additionally reviewing pricing practices across the entire live events business, including the use of dynamic pricing by primary vendors whereby prices surge based on demand.

The use of dynamic pricing for concert tickets came to the fore in the U.K. in September when it was used on the U.K. and Ireland legs of Oasis’ Live ‘25 reunion tour, prompting hundreds of complaints from fans after tickets unexpectedly soared from around £150.00 ($200) for standard admission to £355.00 ($470) without prior warning.

The angry consumer backlash was accompanied by fierce condemnation from British politicians, including the Prime Minister, Sir Keir Starmer, and culture secretary, Lisa Nandy, who called the “vastly inflated” prices “depressing to see.”

Soon after, the U.K. competition regulator launched an investigation into Ticketmaster examining whether the Live Nation-owned company broke consumer protection laws and engaged in “unfair commercial practices” by failing to notify ticket buyers in advance about the price rises. Ticketmaster has consistently stated that ticket prices are set by the artist team and event organisers, not itself.

Starmer had previously vowed to cap resale prices on secondary ticketing platforms, such as Viagogo and StubHub, in the run up to July’s election win.

According to the Competition and Market Authority (CMA), around 1.9 million tickets were sold through secondary platforms to British consumers in 2019, accounting for between 5% and 6% of all tickets sold that year. Tickets sold on secondary sites are typically priced more than 50% higher than their face value, reports CMA, which estimated the U.K. secondary ticketing market to have been worth around £350 million ($430 million) a year pre-pandemic.

“For too long fans have had to endure the misery of touts hoovering up tickets for resale at vastly inflated prices,” said Nandy announcing the three-month-long consultation, which closes April 4.

The government said it was seeking views from live industry stakeholders and music fans on a number of proposed measures designed to make ticket resales fairer and more transparent.

They include capping the price of resale tickets at up to 30% above face value and banning resellers from listing more tickets than they can legally buy on the primary market. These measures would disincentivise industrial scale touting, said the government.

Ministers are also proposing to pass tougher regulations for ticket resale companies and issue tougher fines for offenders. At present, the maximum fine that can be issued by Trading Standards against companies that breach ticketing sale rules is £5,000 ($6,100). The consultation will investigate whether this cap should be increased.

The primary ticketing market is also under scrutiny with ministers calling for evidence on whether fans are protected from “unfair practices,” including the use of new technologies and dynamic pricing. 

Rocio Concha, director of policy and advocacy at consumer protection organization Which?, said the government must use the consultation “to regulate the industry properly, ensure ticket resales don’t exploit fans and decide when the use of dynamic pricing is unfair and shouldn’t be allowed.”

As in other countries, the practice of dynamic pricing is commonly used in the U.K. by travel companies, taxis and hotels, but it has only been fleetingly used in the British touring market with Oasis’ comeback tour – which is being jointly promoted by Live Nation, SJM Concerts, MCD and DF Concerts – marking its most high-profile roll out for live music concerts in the United Kingdom and Ireland so far.

The British government’s probe of the ticketing business is the latest attempt by authorities to tackle the persistent issue of large-scale ticketing touting in the U.K.

In 2021, watchdog the Competition and Markets Authority (CMA) concluded its long-running investigation into secondary ticketing platforms by making a series of recommendations to government on how to fix the sector. Those recommendations were rejected by the then Conservative government, but now form the basis of the Labour Party’s proposals.  

There has also been a number of investigations by the Advertising Standards Authority (ASA) into secondary sites, with a particular focus on Viagogo.

When reached for comment, a Viagogo spokesperson insisted the company will “continue to constructively engage with the Government and look forward to responding in full to the consultation and call for evidence on improving consumer protections in the ticketing market.”

Responding to the public consultation, a spokesperson for Ticketmaster U.K. said the company was “committed to making ticketing simple and transparent” and supported plans to introduce an industry-wide resale price cap.

“We also urge the government to crack down on bots and ban speculative ticket sales,” said the U.K. arm of Ticketmaster, which has capped resale prices to face value on its platform since 2018. StubHub did not respond to a request to comment.

Adam Webb from U.K. campaign group FanFair Alliance called the government’s proposed measures “potentially game-changing” and highlighted the success of other countries, including Ireland, in passing legislation that has effectively banned ticket scalping. “The U.K. simply needs to follow their example,” said Webb.