Looking back in anger? Investigation launched into the use of dynamic ticket pricing for Oasis Live ‘25
At the end of last month, Oasis fans were eagerly anticipating the release of tickets to the band’s much talked about reunion concerts. However, after queueing for several hours online, millions of fans were left disappointed when they reached the front of the queue, only to find out that ticket prices were substantially higher than originally advertised.
What is dynamic pricing?
Dynamic ticket pricing is a strategy, used for example by airlines, where the price of tickets fluctuates based on market demands. Use in a live concert context is relatively new, and it can leave fans feeling frustrated and exploited; in this case, hundreds of fans have now complained to the UK’s Advertising Standards Authority over “misleading claims about availability and pricing”.
Is it legal?
In principle, yes. Airlines and ride-hailing apps such as Uber have been using dynamic pricing for years. However, if a business advertises an item at a certain price and it is not made clear that that price is subject to significant increases, then the business risks breaching the CAP code (UK advertising codes) and consumer laws.
The Consumer Protection from Unfair Trading Regulations, 2008 (CPUT) is the current consumer protection legislation in force, and this will shortly be replaced by the Digital Markets, Competition and Consumers Act 2024 (DMCC Act) in 2025. Both acts prohibit the making of misleading claims about the price of a product; however the new act will allow the Competition & Markets Authority (CMA) to take action directly against businesses that breach the DMCC Act without having to go to court (for example, by imposing fines of up to 10% on turnover). This new provision is intended to benefit consumers by increasing the level of CMA scrutiny on businesses.
What action is being taken?
The CMA has announced that it is carrying out an investigation into Ticketmaster regarding the sale of Oasis tickets for the upcoming tour. The investigation will consider a variety of things including whether:
- Ticketmaster has engaged in unfair commercial practices which are prohibited under the Consumer Protection from Unfair Trading Regulations 2008;
- People were given clear and timely information to explain that the tickets could be subject to so-called ‘dynamic pricing’ with prices changing depending on demand, and how this would operate, including the price they would pay for any tickets purchased; and
- People were put under pressure to buy tickets within a short period of time – at a higher price than they understood they would have to pay, potentially impacting their purchasing decisions.
The CMA will now gather evidence from sources which may include the band’s management and event organisers and is inviting fans to submit evidence of their experiences in relation to the purchase or attempted purchase of Oasis tickets.
The CMA announcement can be viewed here.
The UK government has also recently announced that it will be consulting on measures to provide stronger protections to consumers in the ticketing sector.
The band’s response
Oasis themselves have publicly distanced themselves from the decisions that led to the use of Ticketmaster’s dynamic pricing tools during the sale. Their press release read as follows:
“It needs to be made clear that Oasis leave decisions on ticketing and pricing entirely to their promoters and management, and at no time had any awareness that dynamic pricing was going to be used … While prior meetings between promoters, Ticketmaster and the band’s management resulted in a positive ticket sale strategy, which would be a fair experience for fans, including dynamic ticketing to help keep general ticket prices down as well as reduce touting, the execution of the plan failed to meet expectations.”
While the band might not have known or understood the extent of the use of dynamic ticket pricing in this instance, it is clear that the band’s management and promoters were actively aware that dynamic ticket pricing would be used.
Key takeaways
The CMA investigation demonstrates the risks, both legal and reputational, in using dynamic ticket pricing in the live entertainment industry. Even if the investigation results in no action, the cost of dealing with a CMA investigation and the surrounding publicity should cause artists, promoters and ticket agents to think carefully before implementing a dynamic pricing strategy. If they do, they really need to ensure that they are transparent about pricing and include clear information for consumers that prices will be subject to change.
Whatever the outcome, it is hoped that this case will give the industry some guidance as to best practice in implementing dynamic ticket pricing.
