Ticket resales

In the ‘primary’ market, tickets for live recreational, sporting or cultural events are sold for the first time at their original price (as determined by artists, event organisers or box offices). In the ‘secondary’ market, tickets are resold after their original sale, often (but not always) at prices other than their original face value. “Dynamic pricing” (also referred to as “surge pricing”) adjusts ticket prices based on demand, time, and availability.

The online resale of tickets for live events in the UK is regulated by general consumer protection legislation. Specifically the Consumer Rights Act 2015, the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In addition, there is specific legislation targeted at the secondary ticketing market, notably the Digital Economy Act 2017. In regard to secondary ticketing, the 2017 act:  

• criminalises the use of automated software (“bots”) to purchase tickets in excess of a maximum number (under the Breaching of Limits on Ticket Sales Regulations 2018)
• puts the Information Commissioner’s Office (ICO) Direct Marketing Guidance (PDF) (5 December 2022) on a statutory footing
• requires sellers to provide any unique ticket number that may help the buyer to identify the seat or standing area or its location

Recently, the Digital Markets Competition and Consumers Act 2024 introduced new provisions to strengthen the enforcement of the Consumer Rights Act 2015 in relation to secondary ticketing. These new provisions are expected to come into force in spring 2025.

There have been several investigations of the secondary ticketing market, especially its pricing practices. These investigations have led to various recommendations on reforming the sector and regulatory enforcement activity.

For instance, Professor Waterson’s independent report on the effectiveness of consumer protection measures in the secondary ticketing market, commissioned by the government, was published in May 2016. Responding to the report on 13 March 2017, the government accepted in full its nine recommendations.

The Culture, Media and Sport (CMS) Committee have held two one-off evidence sessions into ticket abuse. The first session took place on 15 November 2016 and considered the problem of software being used to harvest tickets from primary sellers. The second session was held on 21 March 2017.

In 2018, the Advertising Standards Authority (ASA), the UK’s independent regulator of advertising across all media, acted against four secondary ticketing websites in respect of misleading presentation of pricing information. Separately, in June 2016, the Competition and Markets Authority (CMA) began a compliance review of the secondary ticketing market and in December 2016 it conducted a formal investigation into suspected breaches of consumer protection law. Following on from this investigation, the CMA began enforcement action in November 2017 against four secondary ticketing websites.

Significantly, on 16 August 2021, the CMA published Secondary ticketing: Recommendations to government for improving consumer protection (PDF). In this report, the CMA set out its concerns about continued non-compliance with consumer law in the secondary ticketing sector. Recommendations included a requirement that all secondary ticketing sites acquire a licence to operate in the UK. In its formal response to the CMA recommendations, published on 10 May 2023, the  government said it was “too soon to conclude that the only way forward was further legislation focused on this market”.

On 5 October 2024, the CMA opened an investigation into the sale of Oasis concert tickets by Ticketmaster in the primary market. This investigation is to include the use of ‘dynamic pricing’.

The Labour Party  made a manifesto commitment to introduce new consumer protections on ticket resales, to “put fans back at the heart of events”. On 10 January 2025, the government launched Putting fans first: a public consultation on the resale of live events tickets. This sets out a range of options to make ticket resales fairer and more transparent, including introducing a cap on the price of ticket resales. The consultation closes on 4 April 2025.

Alongside this consultation, the government has also made a call for evidence into pricing practices in the live events sector. This call for evidence also closes on 4 April 2025.

Separately, on 23 January 2025, the Business and Trade Committee made a call for evidence on variable pricing. The committee has called for views on a series of questions, including the reasons that businesses may need to dynamically adjust prices or offer different prices to certain groups, and the impacts of dynamic pricing on consumers, including vulnerable groups. 

This briefing summarises the current regulation of the secondary ticketing market, including new enforcement provisions contained in the Digital Markets Competition and Consumers Act 2024 (but not yet in force). It considers past CMA enforcement activity and recommendations to tighten regulation of the sector as outlined in its 2021 report. Finally, it considers the government’s live consultation on proposals to tackle consumer detriment in the secondary ticketing market.