The Competition and Markets Authority (CMA) is a regulatory body in the UK responsible for promoting competition and ensuring markets work well for consumers. The CMA has several powers when it comes to ticket sales.

Investigation and Enforcement

The CMA can investigate businesses suspected of contravening consumer protection laws. This includes unfair or misleading practices under the Consumer Protection from Unfair Trading Regulations 2008. In order to take enforcement action, the CMA can conduct market studies to understand how markets are functioning and, if necessary, launch market investigations to address any competition issues. If the CMA finds that a business has breached the law, it can take legal action, which may include seeking court orders to stop the unlawful practices and imposing fines.

CMA's Concerns with Ticketmaster

The CMA has raised several concerns regarding Ticketmaster's sale of tickets for the Oasis reunion tour.

1. The CMA is investigating whether Ticketmaster's use of dynamic pricing, where ticket prices fluctuate according to demand, was clearly communicated to consumers.
2. There are concerns that consumers were not given clear and timely information about how prices could change.
3. The CMA is also examining whether Ticketmaster misled consumers by labelling certain tickets as 'platinum' and charged significantly higher prices without offering additional benefits.
4. Did Ticketmaster influence purchasing decisions by pressurising consumers into buying tickets rapidly at higher prices?
5. Finally, the CMA is looking into whether Ticketmaster provided sufficient information about the different categories of tickets and their relative prices.

Ticketmaster’s position?

Ticketmaster acknowledged the CMA's concerns and confirmed their commitment to working with the investigators. They underlined their dedication to transparency and consumer protection. They stated, "Dynamic pricing is a common practice in the industry, designed to manage demand and provide fair access to tickets" . This is similar to how hotel rooms and airline tickets are sold. With regards to Platinum tickets, they said “ …the tickets are priced based on their location and the demand for those specific seats. We strive to provide clear information to our customers about the pricing and benefits of these tickets". They added "We are committed to continuously improving our processes and ensuring that our customers have a clear understanding of ticket pricing and availability".

Government Consultation

In January 2025, the UK government launched a comprehensive consultation targeting ongoing issues in the ticket resale market. Led by the Department for Business and Trade (DBT), as well as the Department for Culture, Media and Sport (DCMS), it gathered insights and feedback from various stakeholders, including ticketing platforms, fans and the broader live events sector. The consultation focused on enhancing consumer protections, tackling excessive pricing by ticket touts, improving transparency, and ensuring better enforcement of existing laws. By engaging with industry experts and the public, the government aimed to develop effective strategies to create a fairer and more transparent ticket resale market, ultimately benefiting consumers and supporting the live events industry. Significantly, the UK government initiative is reflected in similar concerns raised by the European Commission and follows comments by the Chartered Trading Standards Institute about possible breaches of consumer laws.

Lisa Nandy, Secretary of State for Culture, Media and Sport said “This government is committed to putting fans back at the heart of music. So we will include issues around the transparency and use of dynamic pricing, including the technology around queuing systems which incentivise it, in our forthcoming consultation on consumer protections for ticket resales.”

Possible Outcomes

The investigation by the CMA could lead to several possible outcomes:

1. If the CMA find that Ticketmaster breached consumer protection laws, it could impose fines and penalties on the company. The level of fines is calculated by reference to publicly available guidance.
2. They may require Ticketmaster to change its business practices to ensure greater transparency and fairness in ticket sales.
3. They may obtain court orders to stop any unlawful practices.
4. In a broader context, the investigation could lead to changes in the ticketing industry, including new guidelines or regulations to protect consumers.

Impact on the Ticketing Industry

The CMA's investigation and any resulting actions could have significant implications for the ticketing industry. It may lead to increased regulation of ticket sales, particularly around dynamic pricing and transparency. Greater transparency and fairness in ticket sales may help restore consumer trust in the ticketing industry. The CMA investigation was partly prompted by numerous complaints to the Advertising Standards Agency from consumers about the Oasis ticket sales. Investigations are invariably with a view to encouraging greater competition in the market, potentially leading to better prices and services for consumers. Whether or not the investigation leads to enforcement, it is likely to prompt other ticketing companies to review and change their practices to avoid similar scrutiny.

In summary, the CMA's investigation into Ticketmaster's ticket sales for the Oasis reunion tour highlights important issues around transparency, fairness, and consumer protection. Depending upon the CMA’s findings, the outcome of the investigation could lead to significant changes in the ticketing industry, designed to benefit consumers and promote fair competition.

Evan Wright is a barrister and partner in JMW’s regulatory team. He currently acts in CMA matters.