On 25 March, the Competition and Markets Authority (CMA) provided an update regarding its investigation into Ticketmaster over the pricing fiasco of Oasis tickets. But what exactly happened, and what are the legal issues relating to this?
Oasis and Ticketmaster: what happened?
There was widespread disappointment online last August after fans believed that tickets to the upcoming Oasis reunion were being sold by Ticketmaster according to a ‘dynamic pricing’ model, whereby the base price of a ticket was increased in real-time according to demand. After sitting in an online queue to purchase tickets to see the band, fans were presented with a much higher price than they anticipated: for example, paying £355 for a ticket that was originally supposed to be £135.
Oasis shortly followed this up by announcing that they would not be utilising dynamic pricing for the sales of tickets for the American leg of their tour, because of the “unacceptable experience” it gave fans in the UK.
CMA Update
After their formal investigation, the CMA could not find evidence to suggest that this ‘dynamic pricing’ model had been used. However, they are concerned that consumers were not given clear and timely information about the two categories of standing tickets available at different prices. Here, they found that Ticketmaster had released some tickets at a lower price, before releasing a second round of tickets at a higher price once the initial batch had sold out.
The CMA is now consulting with Ticketmaster on making changes to their ticket sales process, likely to ensure that consumers are given clear and timely information about the pricing of tickets amongst other things.
How is the law relevant to Oasis tickets?
In recent years, lawmakers have been increasingly regulating the relationship between businesses and consumers, enacting protections for the consumer, particularly in relation to information that should be available to consumers when they make purchases.
The 2024 Digital Markets, Competition and Consumers Act (DMCC) introduces new consumer protections which are expected to be implemented this month (April 2025).
Under the DMCC, the CMA – an independent body that promotes competitive markets and tackles unfair behaviour – is given increased powers to enforce breaches of consumer protection law. They can investigate suspected infringement and, under the new law, impose significant fines to those who infringe regulations, without needing to apply to the courts.
Ticketmaster and the the Digital Markets, Competition and Consumers Act 2024
Dynamic pricing
Dynamic pricing is not made automatically unlawful by the DMCC or other consumer law, but traders wanting to implement a dynamic pricing model should be careful that by doing they do not inadvertently breach rules relating to the provision of information to consumers.
Fees
Ticketmaster is well-known for adding substantial fees at checkout, with US legislators in particular scrutinising its approach. Under the DMCC, this model of adding fees on top of the face value of products (‘drip pricing’) is to be heavily restricted. In summary, any invitation to purchase must feature a ‘total price’ which includes any non-optional costs and charges. If those extra elements cannot be calculated in advance, information about them and how they will be calculated must be given the same prominence as the actual price.
What’s the impact on other businesses?
The DMCC marks a significant step forward in terms of consumer protection law. It creates potential for the government to ban other commercial practices, and the CMA’s increased enforcement power means that it is important for businesses to ensure that they are compliant.
In practice, it remains to be seen just how far the CMA will exercise their new powers in order to protect consumers from unfair practices, but the impending outcome of the Ticketmaster investigation may be an indicator for what’s to come.
For more information on the DMCC, please see our previous articles: Digital Markets, Competition & Consumers Bill | Stephens Scown (stephens-scown.co.uk); Impact of DMCC on the Tourism industry? | Stephens Scown (stephens-scown.co.uk). We shall continue to release updates relating to the implementation of the DMCC over the coming year.
At Stephens Scown, we have a team of specialist lawyers with expertise in commercial and intellectual property law. If you have any questions in relation to the Digital Markets, Competition and Consumers Act 2024 (DMCC), please email us at ip@stephens-scown.co.uk or call 0345 450 5558.