A public inquiry into the live concert and entertainment industry has been launched by the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) to identify “unfair” and “anticompetitive” practices.
The move follows President Donald Trump signing an Executive Order in March which directed the FTC to ensure competition laws are appropriately enforced, that there is price transparency throughout the ticket buying process, and that the FTC “rigorously” enforced the Better Online Ticket Sales Act (BOTS Act).
The Order also called on the Attorney General, Secretary of the Treasury and the Chairman of the FTC to submit a report summarising the actions taken to address the issues linked with unfair practices in the live entertainment and concert industry, as well as recommendations, within 180 days.
“Competitive live entertainment markets should deliver value to artists and fans alike,” said Assistant Attorney General Abigail Slater of 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.”
The agencies are now seeking information from the public about unfair and anticompetitive conduct within the sector. The agencies are also encouraging comments providing information on the competitive effects of current state and federal regulations and laws in the live concert and entertainment industry, including the secondary ticketing market. The public will have until July 7 to submit comments.
“Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices,” said FTC Chairman Andrew N. Ferguson.
“Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated. The FTC is proud to help deliver on that promise and restore fair and competitive markets that benefit ordinary Americans.”
Last year, the DOJ and 40 state and district attorneys general brought a civil antitrust lawsuit against Live Nation Entertainment and its wholly-owned subsidiary Ticketmaster.