Live Nation Says FTC Lawsuit Over Ticket Prices Must Be Tossed Out: ‘Egregious Overreach’
Summary
Live Nation and Ticketmaster have filed a motion to dismiss a lawsuit brought by the Federal Trade Commission (FTC) accusing them of facilitating inflated concert ticket prices through tacit coordination with scalpers. The companies argue the FTC’s case represents an “egregious instance of agency overreach” and misuses the BOTS Act, a law intended to combat scalping, by applying it against a ticket issuer operating a resale platform.
The FTC’s lawsuit, filed last year, claims Live Nation and Ticketmaster engaged in “unfair and deceptive practices” that harmed consumers, allowing brokers to resell tickets at exorbitant prices, particularly during the post-pandemic concert boom. The agency alleges the companies “tacitly coordinated” with brokers, enabling them to harvest millions of tickets despite public rules against it. The average ticket price for stadium shows has risen from $101.77 in 2016 to $150.94 in 2024, according to Billboard Boxscore.
Live Nation and Ticketmaster contend the BOTS Act was designed to target scalpers, not ticket-selling platforms, and that the FTC is attempting to “rewrite” the statute. They also argue that allegations of “bait-and-switch pricing” are now moot as they have implemented all-in pricing that discloses all fees upfront. Despite denying wrongdoing, Live Nation has announced policy changes, including barring brokers from using multiple accounts and requiring Social Security numbers for ticket sales.
(Source:Billboard)