CAGW Files Comments to DOJ and FTC on Information on Unfair and Anticompetitive Practices in Live Ticketing

CAGW Comments on DOJ and FTC Inquiry on Ticketing 07_01_2025

BEFORE THE

U.S. Department of Justice

And

The Federal Trade Commission

Washington, D.C.

 

In the Matter of	)
	)
Justice Department and Federal Trade Commission Seek Information on Unfair and Anticompetitive Practices in Live Ticketing	) ) )	Docket (ATR-2025-0002)

Comments of

Thomas A. Schatz

President

Citizens Against Government Waste

July 1, 2025

Citizens Against Government Waste (CAGW) is a private, nonprofit, nonpartisan organization dedicated to educating the American public about waste, fraud, abuse, mismanagement, and inefficiency in government.  On behalf of the more than 1 million members and supporters of CAGW, I offer the following comments regarding the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) inquiry relating to “Unfair and Anticompetitive Practices in Live Ticketing” (ATR-2025-0002).[1]

The ticket marketplace is competitive, with 145 million people attending a concert or sporting event at Live Nation venues across the country in 2023, which was a 20 percent increase from the 98 million people who attended similar events in 2019.[2]  Efforts to ensure ticket pricing transparency has been moving through Congress, with the reintroduction of the TICKET Act in February 2025.[3]  The legislation passed the House of Representatives on May 15, 2024, by a vote of 388-24.[4]  This legislation would require primary and secondary ticket sellers to disclose at the outset of the transaction all costs for the ticket, including the base price and every fee including services, processing, delivery and taxes.  The price must also be provided in any advertising for the event, enabling consumers to compare prices all through the buying process.

CAGW welcomed President Trump’s Executive Order (EO) 14254, which is intended to “protect fans from exploitive ticket scalping and bring commonsense reforms to America’s live entertainment ticketing industry.”[5]

As the administration moves forward to implement the EO, it should be clear that the free market is thriving within the industry, providing consumers with a choice of where and how they can buy tickets.  Pricing is negotiated among the artist, venue, and ticket sellers, as noted in an April 12, 2018, Government Accountability Office report which stated, “Other parties that play a role in event ticketing, as discussed later in this report, include artists and their managers, booking agents, sports teams, producers, promoters, and operators of event venues (such as clubs, theaters, arenas, or stadiums).”[6]

The vibrant and competitive legal ticketing industry should be allowed to continue providing entertainment options to American consumers.  The transparency, proposed by the TICKET Act will help encourage the free market to continue to provide consumers with the best options available for purchasing tickets.

[1] U.S. Department of Justice, “Justice Department and Federal Trade Commission Seek Information on Unfair and Anticompetitive Practices in Live Ticketing,” May 7, 2025, https://www.justice.gov/opa/pr/justice-department-and-federal-trade-commission-seek-information-unfair-and-anticompetitive.

[2] Associated Press, “A swift rebound and unprecedented ticket sales for live music after pandemic shut venues down,” April 4, 2024, https://apnews.com/article/concert-attendance-live-events-consumers-9104e80597fe0804bfe47599a7282acc.

[3] Transparency in Charges for Key Events Ticketing (TICKET) Act, H.R. 1402, House Bill, 119th Congress (2025), https://www.congress.gov/bill/119th-congress/house-bill/1402.

[4]Transparency in Charges for Key Events Ticketing (TICKET) Act, H.R. 3950, House Bill, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/3950.

[5] Executive Order 14254, “Combating Unfair Practices in the Live Entertainment Market,” March 31, 2025, https://www.federalregister.gov/documents/2025/04/03/2025-05906/combating-unfair-practices-in-the-live-entertainment-market.

[6] Government Accountability Office, “Event Ticket Sales: Market Characteristics and Consumer Protection Issues,” GAO-18-347, April 12, 2018, https://www.gao.gov/assets/gao-18-347.pdf.