Tickets for Live Entertainment Events

Each year, millions of Americans purchase tickets for live entertainment events, such as concerts, theatrical performances, and sporting events. Tickets for live events initially are sold in the primary market, in which firms that provide ticketing services (i.e., ticketers) work directly with venues, promoters, producers, sports teams, and other entities to sell tickets to consumers. Tickets for some live events also are available in the secondary market, in which individuals who purchased tickets in the primary market can resell their tickets instead of using them. Individuals selling tickets in the secondary market can include consumers who cannot or no longer wish to attend the event, as well as ticket brokers who purchase tickets in the primary market with the intention of reselling them in the secondary market for a profit. Tickets in the primary market are often priced to maximize revenue based on supply and anticipated demand, but tickets for some events are purposefully set below this price, which can result in individuals reselling tickets with a significant markup. For some events, ticketers might provide the ticket price, without fees and taxes, at the beginning of the transaction and in advertisements, noting that fees and taxes may apply. These ticketers may have a competitive advantage if they are perceived to offer tickets at a lower price than a competitor providing the total ticket price, including fees (i.e., all-in pricing). Some ticketers operate in both the primary and secondary markets, and some are vertically integrated (i.e., operate in multiple components of the supply chain) in other ways, such as operating as a ticketer while providing promotion services. Some ticketers have multiyear exclusive contracts with venues, promoters, sport franchises, and other entities in the supply chain. The federal government has taken action related to tickets for live events. The Better Online Ticket Sales Act of 2016 (BOTS Act; P.L. 114-274) prohibits individuals from circumventing a ticketer’s system to purchase more tickets than permitted by the ticketer. The BOTS Act is enforced by state attorneys general (AGs) and the Federal Trade Commission (FTC). In 2021, the FTC brought its first cases against three ticket brokers for violating the act. On June 15, 2023, President Biden met with several ticketers, including Live Nation Entertainment and SeatGeek; those that did not provide all-in pricing at the time of that meeting made voluntary commitments to do so. On March 31, 2025, President Trump issued an executive order directing the FTC to “rigorously enforce the [BOTS] Act” and instructing other agencies to enforce laws that affect ticketing services. Federal agencies enforce legislation that is applicable to various industries including event ticketing. For example, the FTC protects consumers by prohibiting “unfair or deceptive acts or practices in or affecting commerce” for certain sectors, and the FTC and the Antitrust Division of the Department of Justice (DOJ) enforce antitrust laws. The FTC has taken action against ticketers for using unfair or deceptive acts or practices. For example, in September 2025, it filed a lawsuit with AGs from seven states against Live Nation Entertainment and its subsidiary Ticketmaster for using deceptive pricing tactics and violating the BOTS Act. The FTC also issued a trade regulation rule in December 2024 that requires businesses offering, displaying, or advertising live-event tickets and short-term lodging to provide all-in pricing. In May 2024, DOJ and AGs from 30 states and the District of Columbia filed a lawsuit against Live Nation Entertainment and Ticketmaster for allegedly violating federal and state antitrust laws and the consent decree the companies agreed to when they merged in 2010, which was modified in 2020. On March 9, 2026, Live Nation announced that it had reached a settlement with DOJ; some state AGs have stated that they will continue the lawsuit. Some of the bills introduced in the 118th and 119th Congresses include the following provisions: (1) require all-in pricing; (2) implement requirements related to the supply chain; and (3) implement requirements for tickets, such as prohibiting the sale of speculative tickets (i.e., tickets that the seller has not purchased or obtained), prohibiting the sale of nontransferable tickets, and requiring ticketers to provide a full refund for a cancelled or postponed event. In the 119th Congress, the House passed the Transparency in Charges for Key Events Ticketing (TICKET) Act; the Senate Commerce, Science, and Transportation Committee reported an amended Senate version of the TICKET Act. Both the House and Senate versions would require ticketers to provide all-in pricing, certain disclosures, and refunds for some canceled or postponed events; ban the sale of speculative tickets; and require the FTC to provide a report on its enforcement of the BOTS Act. Each of the provisions in the bills mentioned above might have different effects on event ticketing. As Congress considers whether to pursue legislation related to event ticketing, it might consider whether legislation is needed, whether actions by federal agencies would address some congressional concerns, and what changes Congress might implement in event ticketing—which could range from increasing transparency to implementing broader structural changes to the industry (e.g., requiring tickets to be refundable)—and the potential effects.