In a classic case of proving that even a broken, increasingly dystopic clock can go after companies nobody likes from time to time, the Department Of Justice and the Federal Trade Commission announced today that they’re launching a formal inquiry into the live music and ticketing industry—presumably with an eye toward Live Nation/Ticketmaster, the bolus of interconnected businesses and schemes rooted in the industry’s heart.
This is per THR, which reports that the DOJ and FTC are moving in the wake of a March 31 executive order from the White House calling for a more thorough look into live music ticketing and the enforcement of anti-scalper technology. (If this all sounds too not awful, we’ll remind you that Donald Trump signed this particular EO while sitting next to Kid Rock, who was wearing what appears to have been a highly reflective American flag-themed two-piece jumpsuit in the Oval Office.) The DOJ was already suing Live Nation, along with like 80 percent of America’s state attorney generals, as of last year; a representative from the body’s antitrust division said today that, “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”
The FTC, meanwhile, was responding to Trump’s call for much tighter enforcement of the Better Online Ticket Sales Act, which was passed by Barack Obama in 2016 to curtail automated online ticket purchases—but which has only been enforced once since going into effect. Here’s FTC chairman Andrew N. Ferguson, who clearly knows that he’s hit on maybe the one issue in all of American politics where you might genuinely be able to have a claim toward full-throated bipartisan agreement, so hated is the way music ticketing is done: “Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices. Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated. The FTC is proud to help deliver on that promise and restore fair and competitive markets that benefit ordinary Americans.”
Of course, “launching a public inquiry” only loosely counts as doing something about a problem: At this point, both organizations are basically turning to the American public (and industry insiders) and saying, “So, what’s the issue?” Both departments, per the earlier executive order, are expected to have to submit a report with recommendations for actual solutions by the end of September.
