In a rare display of bipartisan alignment, the Biden and Trump administrations have both taken aim at what many Americans agree is a deeply flawed concert ticketing industry.
On Wednesday evening, the Department of Justice and the Federal Trade Commission jointly announced an investigation into “anticompetitive practices and conduct in the live concert and entertainment industries.” The agencies are seeking public comment on deceptive practices like scalping and inflated ticket fees.
Executive Order Targets Scalpers and Bots
The latest move stems from an executive order signed by former President Donald Trump last month. During the signing ceremony, held in the Oval Office, Trump was accompanied by a rocker draped in the Stars and Stripes. The order directs federal agencies to take stronger action against online scalping and hidden fees.
“Many Americans feel that scalpers, bots, and other unfair and deceptive practices are keeping them from enjoying live entertainment,” said FTC Chairman Andrew N. Ferguson. “President Trump has sent a clear signal that bad actors who take advantage of fans and distort the market will not be tolerated.”
Continuation of Biden-Era Policies
The crackdown on the ticketing industry reflects rare policy continuity between Trump and his predecessor, President Joe Biden. Biden’s administration targeted hidden costs with a focus on “junk fees,” following the backlash after Ticketmaster’s botched sale of Taylor Swift’s “Time” tour tickets.
Last December, the FTC finalized a bipartisan rule banning hidden fees on live event tickets and hotel bookings, scheduled to go into effect next week. Ferguson, a Republican, supported that rule during his previous term.
Efforts to Break Up Live Nation Continue
The Justice Department under Biden has aggressively pursued an antitrust lawsuit against Live Nation, which owns Ticketmaster and numerous venues worldwide. The lawsuit alleged that the company stifled competition through monopolistic practices. Although a judge dismissed the case in March, Trump’s executive order has re-energized the issue.
The order directs the FTC to enforce the Obama-era Better Online Ticket Sales (BOTS) Act more rigorously. The act aims to prevent automated ticket-buying software from hoarding tickets before they reach real fans. A White House fact sheet revealed that the FTC has only used the law once since its enactment.
The order also instructs the FTC to examine practices in the secondary ticket market and ensure compliance with new rules around pricing transparency.
Blame Game: Ticketmaster vs. Resellers
As public scrutiny grows, a lobbying battle is intensifying over who should be held accountable for soaring ticket prices. Critics blame Ticketmaster for monopolistic behavior and lack of competition. In contrast, Live Nation and its allies point fingers at scalpers and resale platforms like SeatGeek and StubHub.
Trump’s executive order appears to take aim at both groups, calling for enforcement across the ticketing ecosystem.
Broader Antitrust Strategy Unfolds
The initiative is part of a broader continuation of antitrust actions started under Biden. The FTC is still pursuing a high-profile case against Meta and has retained updated merger guidelines introduced by former chair Lina Khan. Simultaneously, the DOJ’s antitrust case against Google continues under Trump’s watch.
Josh Withrow, a fellow at the center-right R Street Institute, believes further regulation may depend on Congress. He pointed to the proposed TICKETS Act, which includes reforms around ticket fees, refunds, and scalping practices.
“It makes sense because it’s an easy political win,” Withrow said. “If there’s any consensus in politics, it’s that everyone is angry about the ticket market and fees.”
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