Insights Secondary Ticketing Market and Dynamic Pricing: Government launches consultation and Call for Evidence

The Government has announced a consultation on the resale of tickets to live events, alongside a Call for Evidence on pricing practices in the live events sector.

The announcement follows a manifesto commitment to introduce “new consumer protections on ticket resales”, as well as the Government’s decision to examine the practice of dynamic pricing after its use received widespread attention last year in the context of the sale of tickets to Oasis’ reunion concerts (about which we have written here).

The consultation recognises that “the existence of a means to resell tickets on a secondary market has benefits for both consumers and the live events sector”. Similarly, it points to the delicate balance that must be achieved so that any regulatory or legislative intervention does not undermine the benefits associated with secondary markets or, perhaps more importantly, drive touts underground and “shift their activities to other sales channels where consumers are likely to be less protected”.

Nonetheless, it draws attention to the increasing concern that “many professional ticket touts are systematically buying up tickets on the primary market and reselling them to fans at often hugely inflated prices” and examines a number of measures that might be introduced to address this.

First, the consultation considers the implementation of a price cap on the resale of tickets, as is currently practised in a number of countries. It seeks views on the maximum uplift that should be applied (ranging from no uplift at all to between 20 and 30%), as well as the types of events that should be affected by any price cap.

Second, the consultation revisits previous recommendations from the Competition and Markets Authority that suggested that new requirements should be imposed on secondary resale platforms to make them more accountable. For example, it asks whether such platforms should be required by law to verify certain information about the seller and ticket (such as the original price and location, as well as confirmation that the seller owns the ticket) before it can be listed.

Third, whilst recognising that the reforms included in the Digital Markets, Competition and Consumers Act 2024 will generally improve the enforcement of consumer protection law, the consultation asks whether the Government should increase the levels of penalties available for breaches of the Consumer Rights Act 2015, which are currently capped at £5,000 for breaches of secondary ticketing provisions.

Finally, the consultation considers what safeguards can be introduced by the primary ticket markets to prevent touting. For example, it seeks views on whether the greater use of balloting and staggered releases might help prevent fans turning to secondary markets. Equally, it considers the better use of technology to “weed out bulk purchases” and detect bots.

Accompanying the consultation is a Call for Evidence on pricing practices in the live events sector. Its focus is specifically on how ticketing pricing practices work in the live events market, what impact those practices have on consumers, and whether the current legal framework adequately protects consumers. It also asks whether developments such as new business models and technological developments are creating new risks for consumers and, if so, what can be done to address them.

The consultation and Call for Evidence both close on 4 April 2025 and can be read in full here and here.