Justice Department and Federal Trade Commission Seek Information on Unfair and Anticompetitive Practices in Live Ticketing

Today, the Justice Department and the Federal Trade Commission (FTC) jointly launched a public inquiry to identify unfair and anticompetitive practices and conduct in the live concert and entertainment industry. The agencies invite members of the public to submit comments and information on harmful practices and on potential regulation or legislation to protect consumers in the industry. The Agencies will use the information in their preparation of the report and recommendations directed by President Trump’s Executive Order 14254, Combating Unfair Practices in the Live Entertainment Market.   

“Competitive live entertainment markets should deliver value to artists and fans alike,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”

“Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices,” said FTC Chairman Andrew N. Ferguson. “Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated. The FTC is proud to help deliver on that promise and restore fair and competitive markets that benefit ordinary Americans.”

On March 31, President Trump issued Executive Order 14254, Combating Unfair Practices in the Live Entertainment Market. The Executive Order directs the Attorney General and the FTC to “ensure that competition laws are appropriately enforced in the concert and entertainment industry.” The Executive Order also directs the FTC to “rigorously enforce the Better Online Tickets Sales Act, 15 U.S.C. 45c.”

The Executive Order also directs the Attorney General, with the Secretary of the Treasury and the Chairman of the FTC, to submit a report that identifies “recommendations for regulations or legislation necessary to protect consumers” in the industry. In furtherance of this direction, the agencies will work together, along with the Secretary of the Treasury, on a joint report, with the FTC taking the lead on issues relating to the Better Online Ticket Sales Act.

The agencies therefore seek information from the public about unfair and anticompetitive conduct and practices in the live concert and entertainment industry. The agencies also encourage comments providing information on the competitive effects of current state and federal regulations and laws in the live concert and entertainment industry, including the secondary ticketing market.

The public will have 60 days to submit comments at Regulations.gov (link forthcoming), no later than July 7, 2025. Once submitted, comments will be posted to Regulations.gov (Docket No. ATR-2025-0002). All market participants are invited to provide comments, including consumers, artists, small businesses, trade groups, industry analysts, and other entities that are impacted by anticompetitive practices in the live concert and entertainment industry.

The Justice Department, along with 40 state and district attorneys general, is also currently litigating a civil antitrust lawsuit brought last year against Live Nation Entertainment Inc. and its wholly-owned subsidiary, Ticketmaster LLC for monopolization and other unlawful conduct that thwarts competition in markets across the live entertainment industry.