Dynamic ticketing took centre stage during ILMC’s Ticketing: At What Price? panel, as leading executives debated whether the growth of market-based pricing in the US will be replicated in other major international markets.

Chaired by Kilimanjaro Live promoter Steve Tilley, the session brought together Eventim Norway and Sweden’s Marcia Titley, Ticketmaster UK’s Sarah Slater, AXS’ Chris Lipscomb and Arnaud Meersseman of AEG Presents.

Recalling going to see Bruce Springsteen at New York City’s Madison Square Garden last year, Tilley admitted he was prepared to pay “whatever it costs” to get into the show. However, Meersseman pointed out the practice was less established in territories like France, which made it harder to compete when booking top acts.

“We’re being pushed more and more by artists to incorporate dynamic pricing,” he said. “To them, it doesn’t make sense on a financial level to tour Europe compared to the US, where dynamic pricing is widely common.”

Meersseman speculated there would be “massive pushback” against the practice across France. “It’s also a question of accessibility, and fans are likely to end up wondering whether gigs will only be reserved for the rich in the not-too-distant future,” he warned.

Lipscomb added that dynamic pricing is already happening in several European markets, including the UK, and predicted it will increase in prominence sooner than most think.

“Ten percent of all UK shows may already be sold under dynamic pricing. In a couple of years, I’d expect that number will increase by 30%-40%”

“Ten percent of all UK shows may already be sold under dynamic pricing,” he said. “In a couple of years, I’d expect that number will increase by 30%-40% and maybe even rise higher to 70%-80%.”

The discussion segued into the secondary market, with Titley noting that while countries like Norway and Denmark put laws in place to prevent resales above face value, dynamic pricing was necessary to “drive higher revenue”.

“Ultimately, it’s all about protecting the fans, and I believe in combining tech and legislation to eradicate those excessive profit margins,” she said.

Ticketmaster has successfully introduced its own fan-to-fan resale service in the UK, and Slater said: “There are plenty of safe, face-value resale sites to sell your tickets to in the UK. We’ve heavily pushed the fact that tickets are transferable, but we always encourage customers to only buy from authorised sites.”

Sam Shemtob, director of Face-value European Alliance for Ticketing (FEAT), made a brief cameo to explain the role that the EU Digital Service Act will play in combating illegal ticket listings.

“If the ticket is being sold by a trader, that needs to be listed right at the front in a clearly accessible manner, and ticket resale sites will now be banned from using design tricks that manipulate consumers into decisions, such as “pop-ups” or giving prominence to specific choices,” explained Shemtob.

“Nailing the on-sale is absolutely critical, but marketing the shows via a long-term campaign with the artists up until the actual event is just as important”

Shemtob, who is collaborating with the European Commission on how to streamline a complaints mechanism for fans and promoters, launched ‘Make Tickets Fair’ last year — a campaign to educate and empower fans to avoid being ripped off by ticket touts.

“The platforms will also be required to make it clear throughout the buying process that the tickets listed are provided by a third party,” he said. “If a platform fails to do this and fans are led to believe that the tickets are provided by the platform itself, the platform can be held responsible for any tickets listed in contravention of national laws.

“All of these sites need to have a clear and simple complaint mechanism.”

Another major talking point was the perception that tickets must be bought as soon as they go on sale.

“Obviously, nailing the on-sale is absolutely critical, but marketing the shows via a long-term campaign with the artists up until the actual event is just as important,” Slater said, citing the concert industry’s shift towards post-sale engagement, which includes events integrations in collaborations with Spotify and TikTok, as well as creative marketing strategies to keep fans engaged.

“Most people think that if they can’t get tickets within the first hour, they’ll end up being scammed when attempting to purchase them at a later time,” added Meersseman. “It all ties to what we discussed earlier about properly educating customers on the ticket sale process.”

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Secondary ticketing platform Viagogo has reached a settlement with Switzerland’s largest consumer protection organisation following a six-year legal battle.

The resale firm, whose European headquarters are in Geneva, has allocated 100,000 Swiss francs (€105,000) as compensation for the 807 individuals who lodged complaints against it with the Fédération Romande des Consommateurs (FRC) prior to 5 February 2024.

Viagogo has also agreed to make changes to its Swiss website, indicating its status as a resale marketplace in Switzerland’s three national languages and English, so that consumers are not led to believe they are buying from an official seller.

It must also provide greater transparency over ticket prices and seating information, feature a reduced number of “pop-up” windows to limit pressure on prospective buyers, and clearly identify professional resellers or traders.

In return for these changes, the FRC has withdrawn its lawsuit. However, should Viagogo fail to meet any of the above commitments, the FRC will be free to make another legal complaint.

“In our view, this agreement was the best option faced to a procedure that was getting bogged down and would certainly have taken many more years before a final decision was reached,” says Jean Tschopp, head of the FRC’s legal department. “Our association preferred concrete improvements for internet users in the form of changes brought to Viagogo’s Swiss website instead of waiting several more years for a final decision.

“What’s more, pursuing the legal route wouldn’t have guaranteed a favourable outcome for aggrieved consumers. Even if the courts had found against Viagogo, the victims wouldn’t necessarily have received compensation. In this case, the 807 people concerned will be.”

“We hope and expect the new Digital Services Act, which requires online marketplaces to improve transparency and desist from pressure buying tactics, will be robustly enforced”

The FRC first lodged a criminal complaint against Viagogo with the Geneva public prosecutor’s office in 2017 after receiving more than 100 complaints against the site, relating to lack of transparency over pricing, pressure-selling tactics, and leading consumers to believe they were buying from an official ticket seller.

“While great news, the settlement – made after six years of legal work – highlights the difficulty of hauling uncapped ticket resale sites through the courts,” says Face-value European Alliance for Ticketing (FEAT) director Sam Shemtob. “For consumers in the EU, we hope and expect the new Digital Services Act, which requires online marketplaces to improve transparency and desist from pressure buying tactics, will be robustly enforced.”

A Viagogo spokesperson says: “We are pleased to have reached an agreement with Fédération Romande des Consommateurs. As part of this, we have made changes to our Swiss platform to enhance the fan experience for our Swiss customers. Viagogo is a safe, secure and regulated marketplace that is fully compliant in the markets in which we operate.”

The European Union’s Digital Services Act (DSA), which was implemented on Saturday (17 February), brought major implications for the online secondary ticketing market, requiring platforms to identify and verify professional sellers, and prohibiting them from using manipulative sales tactics.

The legislation has also introduced annual reports on content take-downs that should help reveal the scale of illegal activity – data on which enforcement agencies and search engines will be compelled to take action.

There have been over 40 legal cases against ticket traders and resale platforms in the EU since 2016.

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Live music professionals have raised further questions about Google’s influence on the secondary ticketing market.

In a session at Primavera Pro in Barcelona yesterday (1 June), Neo Sala (Doctor Music), ticket resale specialist Nicole Jacobsen (previously tickets.de), Sam Shemtob (FEAT) and Scumeck Sabottka (MCT-Agentur) discussed how search engines host advertisements from unauthorised ticket resale platforms such as Viagogo, which appear at the top of the search page, above organic listings for official ticket sellers.

The panel noted how the advertising policies of search engines do not permit advertising that deceives users – either by excluding relevant information or providing misleading information – but suggested Google did not appear to be adequately enforcing this policy.

“We see a close parallel between the situation now with the live events industry, to that in the noughties with the record business,” said FEAT director Neo Sala, founder & CEO of Spain’s Doctor Music. “I think we all remember when you’d Google a song name and ‘mp3’ and you’d be met with piracy links as the first, second, third results. Today, try Googling ‘Harry Styles tickets’ and you’ll see a link to unauthorised, overpriced tickets right at the top. The live industry needs to ask Google to take the same sensible steps as they did with the record industry and start guiding fans to trusted, official sources.”

Viagogo was banned from advertising on Google globally in July 2019 after the latter came under fire from lawmakers for allegedly accepting advertising money from sites listing tickets fraudulently. The ban was quietly lifted four months later.

“In this environment of strengthening legislation, search engines ought to start asking what kind of companies they are”

The panel said that, during Google’s brief ban on advertising from Viagogo in 2019, global traffic to the site fell by two thirds, which it claimed highlighted the extent of its influence.

A coalition of live industry organisations and professionals from across Europe launched the Make Tickets Fair! campaign earlier this year with the intention of helping music fans avoid being ripped off on the secondary ticketing market. The panel also touched on the development of the initiative.

“Across Europe, countries including Belgium, France, Ireland and others have outlawed unauthorised ticket resale,” added FEAT (Face-value European Alliance for Ticketing) director Sam Shemtob. “The European Court of Justice meanwhile has ruled that event tickets are a contract for services, subject to terms and conditions of the event promoter; and the incoming Digital Services Act promises to tighten consumer protections in e-commerce further.

“In this environment of strengthening legislation, search engines ought to start asking what kind of companies they are. Do they want to enable the activities of ticket scalpers, and support the anti-consumer and anti-artist practices of unauthorised resale platforms? Or, do they want to stand up for their users and guide them toward legitimate tickets for the events they want to attend? We hope companies like Google will choose the latter option.”

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Italy’s Communications Regulatory Authority AGCOM has fined Viagogo more than €12 million for breaking the country’s laws on secondary ticketing.

Preliminary evidence found that the secondary ticketing platform had listed tickets for 68 events held in 2022 at prices 10 times above their face value.

Events included concerts for artists such as Måneskin, Blanco, Renato Zero and Cirque du Soleil.

An amendment to Italian legislation, introduced to Italy’s 2017 budget law to criminalise ticket touting, prevents tickets being sold for commercial purposes or for above face value.

Since 2020, Switzerland-headquartered Viagogo has been sanctioned three other times in Italy for breaking the law against ticket touting.

“The time has come for the EU’s own Consumer Protection Cooperation Network to take action”

Commenting on the ruling against Viagogo, Barley Arts promoter and prominent anti-secondary ticketing campaigner, Claudio Trotta, says, “Anyone in the entertainment business should be more than happy. However, I hope this [fine] will be paid and not cancelled for a second time by other institutions, as already happened in previous cases of fines in Italy.

“Secondary ticketing is a crime, thanks to the law obliging the use of nominal tickets. If controlled seriously by security and ushers, it’s is a win-win situation for all.”

Telling IQ he remains concerned about what impact dynamic pricing might have if it is introduced in the Italian market, Trotta adds, “The future is unwritten but it depends on us all – artists, promoters, managers, agents and the audience. I am still, and always, a true believer in the strength of human beings – if we are able to keep our humanity, of course. Let’s see…”

Sam Shemtob, director of Face-value European Alliance for Ticketing (FEAT), adds: “It’s encouraging to see this action in Italy, which is proof positive that it’s possible to both adopt and enforce a tough stance on uncapped ticket resale. With over 40 major ticket resale cases taking place across the EU since 2016, the time has come for the EU’s own Consumer Protection Cooperation Network to take action.”

The president of Italy’s National Consumer Union, Massimiliano Dona, comments: “It is incredible that tickets continue to be sold with prices even 10 times higher than the actual ones, despite the numerous condemnations by the Authorities and the intervention of the legislator who has however put a stop to these intolerable and hateful speculations. Anyone who goes to a concert has the sacrosanct right to pay the right price for the ticket, without unjustified and illegal top-ups.”

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Campaigners against ticket touting have backed the European Parliament’s decision to approve new laws strengthening regulation around online marketplaces, including ticket resale sites.

The landmark Digital Services Act (DSA), which was passed by 539 votes to 54, includes measures to ensure professional sellers are identifiable, prevent certain manipulative sales tactics, and require regular reporting to improve transparency for consumers.

Crucially, online marketplaces will now be required to obtain essential information about third party professional sellers before traders are allowed to list tickets on the platform.

Resale platforms must also make it clear throughout the buying process that the tickets listed are provided by a third party, while dark patterns – user interfaces designed in such a way as to trick users into making certain decisions, such as “pop-ups” or giving prominence to specific choices – will be banned.

“The introduction of the Digital Services Act is a key moment for the live events sector in the UK, as well as across Europe”

The development follows two years of lobbying by the Face-value European Alliance for Ticketing (FEAT), which culminated in arranging an open letter signed by more than 130 representatives from across Europe’s live sector, calling for the EU to introduce tougher laws to combat online ticket touting. However, FEAT argues the text could have gone further and will continue to campaign for tougher rules.

“The introduction of the Digital Services Act is a key moment for the live events sector in the UK, as well as across Europe,” says FEAT director Sam Shemtob. “The new legislation regulating online marketplaces will see EU countries catch up with the UK in terms of stricter rules for verifying professional sellers and making sure fans know who they’re buying from. This will directly impact all UK artists who tour Europe, as well as make it harder for UK touts to operate under the guise of anonymity on European ticket resale sites.”

“This is an important step towards increasing accountability and to prevent scams, which will contribute towards a healthier European touring industry”

The DSA will now go through the formal adoption procedures by the European Council before it is published in the EU Official Journal. It will enter into force 20 days after its publication in the Official Journal of the European Union, and its provisions will mainly apply 15 months after entry into force or from 1 January 2024, whichever comes later.

Per Kviman, CEO of Versity Music and chair of the European Music Managers Alliance (EMMA), which represents 1,800 music managers in 10 European countries, adds: “EMMA is very pleased to see new rules which protect both artists and the ticket-buying public have been approved by the European Parliament. This is an important step towards increasing accountability and to prevent scams, which will contribute towards a healthier European touring industry.”

The Face-value European Alliance for Ticketing (FEAT) has given a cautious welcome to the news that the EU has reached a provisional political agreement on the Digital Services Act (DSA), designed to ensure secondary ticketing marketplaces act responsibly.

The text was agreed on Saturday (23 April) in Brussels, after a marathon 16 hours of discussions between policy-makers.

The DSA contains is expected to include regulation meaning that ticket touts will only be able to list tickets after providing essential information, which marketplaces must make efforts to verify. Secondary marketplaces will also be obliged to conduct random checks for tickets sold illegally, while measures designed to panic buyers, such as pop-ups claiming several people are viewing the same ticket, will be banned.

Additionally, search engines such as Google are understood to face new responsibilities.

“We hope the new requirements for vetting traders and publishing basic information about the seller will enable fans and event organisers to make informed decisions”

“We cautiously welcome news of measures to be placed on secondary ticketing marketplaces to clean up the Wild West in which they have operated so far,” says FEAT director Sam Shemtob. “The devil will be in the detail, but we hope the new requirements for vetting traders and publishing basic information about the seller will enable fans and event organisers to make informed decisions.”

FEAT has spent two years engaging with the EU over the DSA, culminating in arranging an open letter signed by more than 130 representatives from across Europe’s live sector, calling for the EU to introduce tougher laws to combat online ticket touting.

The text of the DSA will need to be finalised at technical level, before both Parliament and Council give their formal approval. It will come into force 20 days after its publication in the EU Official Journal. Big Tech firms will then have four months to prepare for the rules, while companies with fewer than 45 million users will have 15 months or until 1 January 2024.

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