In recent years, the UK has seen an increase in ticket sellers introducing dynamic ticket pricing. When this practice is in place during the time of ticket sales, if the event is popular and tickets are in demand, the ticket prices increase to reflect the demand.
This topic of dynamic pricing has been at the forefront of ticket sales for a number of years, with artists such as Harry Styles, Bruce Springsteen, and Coldplay all using dynamic ticket pricing in the U.K. More recently, Oasis also used dynamic pricing, which led to tickets being reportedly advertised at £148.50 and during sales were renamed to be ‘in demand tickets’ with a price of £355.20.
During the sale of tickets many fans took to X to express their frustration with the process. Pressure has been placed on ticket master to address dynamic pricing and at the start of this year the Department for Culture, Media & Sport made a call for evidence in respect of the sale of tickets in the U.K.
The particular points of interest listed are:
- How the ticket pricing system in the live events market works in the U.K, for consumers and businesses;
- If and how consumers have been impaired by a lack of transparency in this area; and
- If developments in pricing in the live events sector, such as new business models and technologies, are creating new risks for consumers or gaps in the consumer protection framework.
It is noted that existing consumer law already requires that the ticket price is transparent and visible to consumers. There is already an extensive framework in place that gives consumers rights when it comes to the sale of tickets. The Government is asking people and organisations to provide evidence on the issues listed above and highlights the importance of getting evidence from a wide range of perspectives, including fans, the event sector, ticket sellers, and anyone else who has had involvement.
Existing law
Guidance and regulations for ticket sellers can be found within:
In addition to the above, the introduction of the Digital Marketing, Competition and Consumers Act 2024 will take place in phases, anticipated as early as April 2025.
As it stands, dynamic pricing, sometimes referred to as surge pricing, is not ordinarily viewed as being unlawful and is often also used by airlines and supermarkets. The call for evidence will likely take some time, and the review will follow; therefore, for now, it appears dynamic pricing is here to stay.
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Faye Henderson is an Associate in our expert Dispute Resolution team, specialising in inheritance and Court of Protection disputes.
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