For generations, live entertainment has been at the heart of American culture, with fans gathering at football games[1] and watching their favorite musicians on tour. While demand for live entertainment remains at an all-time high,[2] rising prices have turned these experiences into unaffordable luxuries. Tickets to sporting events have “ris[en] twice as fast as overall consumer prices,”[3] leaving consumers feeling as though they bought stock in the team instead of a seat in the arena.

According to the Federal Trade Commission (FTC) the cause of this market frenzy is Live Nation, Inc. and Ticketmaster, LLC’s illegal online ticketing scheme, which is designed to “line their [own] pockets at the expense of fans.” [4]

Live Nation is “the world’s biggest ticketing company.”[5] Valued at $38.6 billion,[6]  the company dominates the American live entertainment industry, controlling roughly two-thirds of U.S. ticket demand.[7] Its wholly owned subsidiary, Ticketmaster, plays a central role in this market power,  selling “500 million tickets each year in more than 30 countries.”[8] Between 2019 and 2024, Ticketmaster generated $82.6 billion in ticket sales on its online platform.[9]

On September 18, 2025, the FTC, joined by attorneys general from seven states: Colorado, Florida, Illinois, Nebraska, Tennessee, Utah and Virginia, filed a sweeping lawsuit against the companies.[10]

The lawsuit comes amidst a “wave of increasing scrutiny” on the live entertainment industry, [11] and follows Ticketmaster’s long history of antitrust violations.[12] In 1994, Pearl Jam sued Ticketmaster and accused it of unfair control “over ticket distribution because of its relationship with various venues.”[13] More recently in 2022, Taylor Swift fans brought a class-action suit against Ticketmaster for its “anticompetitive conduct . . . [in] impos[ing] higher prices on music concert attendees in the presale, sale, and resale market.”[14] In 2024, the Department of Justice filed a formal antitrust action against the company “on behalf of fans who should be able to go to concerts without a monopoly standing in their way.”[15]

Even outside the courtroom, public frustration has grown with Ticketmaster. Entire Facebook groups have been dedicated to consumer complaints about Ticketmaster’s unfair prices, fees, and poor customer service.[16]

Government concern about anticompetitive behavior on the live entertainment market is not a partisan issue. Both Democrat and Republican administrations have condemned unfair ticketing practices.[17] In March 2025, President Donald Trump issued an executive order titled “Combating Unfair Practices in the Live Entertainment Market,” which directed the FTC to take enforcement action against anticompetitive conduct in the secondary ticketing market.[18] In May 2025, former President Joseph Biden’s “junk fee” ban took effect.[19] This ban requires ticket retailers, like Ticketmaster, to show the “all-in” price of the ticket at the start of the shopping process instead of adding hidden fees at checkout.[20]

At the center of the FTC’s new lawsuit is Live Nation and Ticketmaster’s violations of the FTC Act and the Better Online Ticket Sales (BOTS) Act.[21] Originally passed in 1914, Section 5 of the FTC Act prohibits unfair and deceptive practices.[22] Courts have interpreted unfair practices to include conduct which is offensive to public policy, “immoral, unethical … or unscrupulous,” and “causes substantial injury to consumers [and other businessmen]” in commerce.[23]

The BOTS Act prohibits the use of automated software (“bots”) “from circumventing” ticket restrictions, “security measures, or purchasing rules” on the primary market.[24] It aims to stop ticket brokers “who cheat[] the system” from reselling tickets at “inflated prices” on the secondary market.[25] Importantly, liability under the BOTS Act extends not only to ticket brokers, but to companies that knowingly allow or profit from the misconduct.[26]

The FTC identified three practices by Live Nation and Ticketmaster that violate these laws. First, Ticketmaster displays “deceptively low-ticket prices” on the primary market that do “not reflect the actual cost to consumers at checkout.”[27] Instead, Ticketmaster adds mandatory “service, processing and facility fees,”[28] at checkout that inflate costs by as much as “44% [above] the advertised price.”[29] The FTC calls this “bait-and-switch” pricing.[30] Ultimately, consumers are lured in by low advertising prices only to face higher costs at checkout. [31]

This is not accidental. The FTC discovered internal documents evidencing Ticketmaster’s hidden fee calculations.[32] From 2019 to 2024 alone, Ticketmaster made more than $16.4 billion in revenue from the mandatory hidden fees.[33] As a result, consumers are “misled to believe that [the] listed prices are what they will pay or close to it, before tax.”[34]

Second, while ostensibly condemning the use of ticket brokers, Ticketmaster allows brokers to purchase tickets in bulk, often using proxy servers. This undermines the ticket limits set by artists, which deprives fans of “the opportunity to purchase tickets . . . at affordable prices” on the primary market.[35] Consequently, fans are left with no other choice than to purchase tickets from the inflated resale market.

Third, Ticketmaster then permits these same brokers to resell the tickets at marked-up prices on its own secondary market.[36] This creates a negative feedback loop where Ticketmaster “triple dips on fees.” The company first collects fees from the broker’s initial purchase, again when the broker resells the tickets on its secondary platform, and finally from “consumers who purchase [the] tickets on its secondary market.”[37] The result is a system designed not to prevent ticket brokering, but to profit from it at every stage.

The scale of this abuse is alarming. The FTC revealed that just five ticket brokers controlled 6,345 Ticketmaster accounts, collectively holding 246,407 tickets to 2,594 events.[38] In 2023, one broker purchased 772 tickets to a single Coldplay concert for approximately $81,000 and resold the tickets for more than $170,000.[39] That same broker also bought 612 tickets to a Chris Stapleton concert for $47,000 and resold them on the secondary market for over $89,000.[40]

Although it is unclear whether the FTC will succeed in curbing Ticketmaster’s unfair practices, the case will require the court to address several legal questions that will influence the future of American live entertainment:

–       Did Ticketmaster violate the fairness standard under Section 5 of the FTC Act?

–       Did it comply with “all-in pricing” requirements?

–       Did the company knowingly allow or profit from ticket brokers’ unlawful conduct on its primary and secondary market?

Despite the seriousness of the allegations, Live Nation and Ticketmaster have yet to respond to the complaint. If the FTC loses this case, Ticketmaster’s unfair practices will likely continue, which could cement affordable live entertainment as a thing of the past. If the FTC wins, fans could once again attend concerts and sporting events at fair prices. Thus, the likely hope for average consumers is that the court will enjoin Ticketmaster’s practices.

Afterall, as FTC Chairman Andrew Ferguson once stated, “American live entertainment is the best in the world and should be accessible to all of us. It should not cost an arm and a leg to take the family to a baseball game or attend your favorite musician’s show.”[41]

[1] NFL: Understanding the Social Significance of America’s Favorite Sport, THE INTELLIGENCER (Mar. 10, 2023), https://www.theintelligencer.net/news/2023/03/nfl-understanding-the-social-significance-of-americas-favorite-sport.

[2] Laurie Baratti, More Americans Prioritizing Live Entertainment and Ticketed Events this Year, TRAVEL PULSE (Sept. 11, 2023) https://www.travelpulse.com/news/features/more-americans-prioritizing-live-entertainment-and-ticketed-events-this-year.

[3] Jacob Feldman, WHY SPORTS TICKETS ARE MORE EXPENSIVE THAN EVER, SPORTICO (July 4, 2024), https://www.sportico.com/feature/sports-ticket-pricing-record-how-to-buy-1234786523/; Sara Chernikoff, Concert ticket prices are at an all-time high. How did we get here?, USA TODAY (Apr. 4, 2025), https://www.usatoday.com/story/graphics/2025/04/04/concert-ticket-prices-surge/82676231007/#.

[4] See Complaint at 8, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al, (No. 2 cv. 8884) https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[5] Our Story, TICKETMASTER BUSINESS, https://business.ticketmaster.com/why-ticketmaster/our-story/.

[6] Jacob Feldman, STUBHUB VS. TICKETMASTER VS. SEATGEEK: WHAT’S THE DIFFERENCE?, SPORTICO (Sept. 19, 2025), https://www.sportico.com/business/commerce/2025/ticketmaster-vs-stubhub-sports-tickets-buying-online-1234789624/.

[7] Id.

[8] Dee-Ann Durbin, World’s largest ticket seller will start showing prices up front, ABC 10 (May 12, 2025), https://www.abc10.com/article/news/nation-world/ticketmaster-showing-prices-up-front/507-df15477f-3e04-4e06-9b12-315f75565686.

[9] Complaint at 6, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al (No. 2 cv. 8884), https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[10] Id. at 1-2.

[11] Rob Moderelli, Federal Trade Commission Sues Live Nation and Ticketmaster for Legal Ticket Resale Practices, RELIX (Sept. 19, 2025), https://relix.com/news/detail/federal-trade-commission-sues-live-nation-and-ticketmaster-for-illegal-ticket-resale-practices/.

[12] 30 years of clashes between Ticketmaster, artists and fans, AP NEWS (updated May 23, 2024 at 12:37 EDT), https://apnews.com/article/justice-live-nation-ticketmaster-swift-cca2b9881881fb016d0862b945ccddee.

[13] Id; see also Eric Boehlert, PEARL JAM: TAKING ON TICKETMASTER, ROLLINGSTONE (Dec. 28, 1995), https://www.rollingstone.com/music/music-news/pearl-jam-taking-on-ticketmaster-67440/.

[14] Joel Khalili, Taylor Swift Fans Sue Ticketmaster for Price Gouging, WIRED (Nov. 16, 2025), https://www.wired.com/story/taylor-swift-fans-sue-ticketmaster-lawsuitrico.

[15] Amelia Neath et al, Ticketmaster operated ‘illegal monopoly’ to drive up concert and sports prices, Feds say, INDEPENDENT (May 23, 2024), https://www.independent.co.uk/news/world/americas/ticketmaster-live-nation-doj-case-antitrust-b2550180.html#; Sara Chernikoff, Concert ticket prices are at an all-time high. How did we get here?, USA TODAY (Apr. 4, 2025), https://www.usatoday.com/story/graphics/2025/04/04/concert-ticket-prices-surge/82676231007/#.

[16] See e.g. Ticketmaster Complaints, FACEBOOK, https://www.facebook.com/groups/5443267672394913/.

[17] Statement from President Joe Biden on the FTC Banning Hidden Junk Fees, THE WHITE HOUSE (Dec. 17, 2024), https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2024/12/17/statement-from-president-joe-biden-on-the-ftc-banning-hidden-junk-fees/; FTC Sues Live Nation and Ticketmaster for Engaging in Illegal Ticket Resale Tactics and Deceiving Artists and Consumers about Price and Ticket Limits, FEDERAL TRADE COMMISSION (Sept. 18, 2025), https://www.ftc.gov/news-events/news/press-releases/2025/09/ftc-sues-live-nation-ticketmaster-engaging-illegal-ticket-resale-tactics-deceiving-artists-consumers.

[18] Combating Unfair Practices in the Live Entertainment Market, Executive Orders, THE WHITE HOUSE (March 31, 2025), https://www.whitehouse.gov/presidential-actions/2025/03/combating-unfair-practices-in-the-live-entertainment-market/.

[19] Dee-Ann Durbin, FTC Sues Live Nation and Ticketmaster, saying they force fans to pay more for concerts and events, ABC 7 (Sept. 18, 2025), https://abc7.com/post/ftc-lawsuit-federal-trade-commission-sues-live-nation-ticketmaster-saying-forces-fans-pay-more-concerts-events/17844152/.

[20] Id.

[21] Complaint at 55-56, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al (No. 2 cv. 8884), https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[22] Our History, FTC, https://www.ftc.gov/about-ftc/history (last visit Oct. 13, 2025); Federal Trade Commission Act Section 5L Unfair or Deceptive Acts or Practices, https://www.federalreserve.gov/boarddocs/supmanual/cch/200806/ftca.pdf (last visited Oct. 13, 2025).

[23] FTC v. Sperry & Hutchinson Co., 405 U.S. 233, 244 (1972).

[24] BOTS Act Compliance: Time for a refresher?, FTC, https://www.ftc.gov/business-guidance/blog/2025/04/bots-act-compliance-time-refresher.

[25] Id.

[26] Id.

[27] Complaint at 7, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al (No. 2 cv. 8884), https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[28] Jacob Feldman, STUBHUB VS. TICKETMASTER VS. SEATGEEK: WHAT’S THE DIFFERENCE?, SPORTICO (Sept. 19, 2025), https://www.sportico.com/business/commerce/2025/ticketmaster-vs-stubhub-sports-tickets-buying-online-1234789624/; Isias Rojas, Ticketmaster’s Dynamic Pricing: What It Is and How It Works, PRICEFX (updated July 7, 2024), https://www.pricefx.com/learning-center/ticketmasters-dynamic-pricing-what-it-is-and-how-it-works.

[29] Complaint at 17, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al (No. 2 cv. 8884), https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[30] Id. at 32.

[31] Id. at 7.

[32] Id. at 17.

[33] Id; see also Chris Cooke, Live Nation colludes with ticket touts, say US government as it launches legal action, CMU (Sep. 19, 2025), https://completemusicupdate.com/live-nation-colludes-with-ticket-touts-says-us-government-as-it-launches-legal-action/.

[34] Complaint at 24, Federal Trade Commission et al v. Live Nation Entertainment, Inc. et al (No. 2 cv. 8884), https://www.ftc.gov/system/files/ftc_gov/pdf/FTCvLiveNation-Ticketmaster-Complaint-filed.pdf.

[35] Id. at 8.

[36] Id. at 8-10.

[37] Id. at 9.

[38] Id. at 42.

[39] Id. at 36.

[40] Id. at 36-37.

[41] Dee-Ann Durbin, FTC sues Ticketmaster, saying it forces fans to pay more for concerts and events, APNEWS (Sep. 18, 2025), https://apnews.com/article/ticketmaster-live-nation-ftc-tickets-lawsuit.