March 31, 2025 Combating Unfair Practices in the Live Entertainment Market - Executive Order
- Fact Seeker
- Jul 6
- 2 min read
Purpose of the Order
The executive order addresses what the administration identifies as anti-competitive and exploitative practices in the live entertainment ticketing industry, particularly regarding ticket resale and price inflation caused by third-party vendors and scalpers.
Key Problems Cited:
Ticket scalpers often use bots and other automated tools to purchase large quantities of face-value tickets, making it difficult for average consumers to access them.
Resale prices can reach up to 70 times the original face value, with none of that markup benefiting the artists or venues.
Ticketing agencies and intermediaries are accused of providing minimal value while adding high fees, reducing access to live entertainment.
These practices have contributed to what the order calls a “rent-seeking” market structure that harms both consumers and artists.
Directives and Implementation Measures
The order instructs federal agencies to use all available lawful authority to enforce existing laws and propose additional measures, if needed, to curb abuses in the ticketing industry:
1. Enforcement of Competition Laws
The Attorney General and Federal Trade Commission (FTC) are directed to enforce antitrust and competition laws where ticket vendors or venues act anti-competitively or to the detriment of fans and artists.
2. BOT Act Enforcement
The FTC must rigorously enforce the Better Online Ticket Sales (BOTS) Act (15 U.S.C. § 45c).
The FTC is encouraged to collaborate with state attorneys general to improve enforcement efforts.
3. Price Transparency Regulations
The FTC is instructed to propose or enforce rules to ensure clear pricing throughout the entire ticket purchasing process, including in secondary (resale) markets.
4. Deceptive Practices in Secondary Market
The FTC is directed to evaluate, and if necessary penalize, deceptive, unfair, or anti-competitive practices in the secondary ticketing market.
5. Tax and Legal Compliance
The Secretary of the Treasury and Attorney General must ensure that ticket scalpers are complying with the Internal Revenue Code and all other relevant laws.
Reporting Requirements
Within 180 days, the Treasury Secretary, Attorney General, and FTC Chairman must submit a joint report to the Assistant to the President for Economic Policy and the Director of the Office of Management and Budget (OMB).
The report must:
Summarize enforcement and implementation actions taken.
Recommend regulatory or legislative changes needed to protect consumers in the ticketing market.
Legal and Administrative Provisions
The order must be implemented within the bounds of existing law and funding availability.
It does not create any new legal rights for individuals or entities.
It does not override the statutory authority of any executive agency.
Context and Supporting Information
The BOTS Act of 2016 prohibits the use of bots to purchase tickets and allows enforcement by the FTC and state attorneys general.
Scalping and price gouging in the live entertainment industry have been a long-standing issue, with multiple congressional hearings and bipartisan interest in regulating the ticketing market.
The order aligns with prior efforts (e.g., FTC's investigation into Ticketmaster/Live Nation) and growing public scrutiny over lack of price transparency and monopoly-like behavior in ticketing.
Writer's Note: Summary made with the use of AI tools for editing and quick processing, facts checked against the order before publishing.
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