Combating Unfair Practices in the Live Entertainment Market

Executive Orders

TLDR

This executive order directs federal agencies to address problems in concert ticketing by enforcing competition laws, combating ticket scalping, ensuring price transparency, and potentially taking action against unfair secondary market practices. Agencies must report on their progress within 180 days.

This executive order addresses issues in the concert and entertainment ticketing industry, focusing on ticket scalping, price gouging, and anti-competitive practices.

The order directs several federal agencies to take action:

  • The Attorney General and FTC must enforce competition laws in the concert industry, particularly where venues and ticketing agents operate against the interests of artists and fans
  • The FTC must enforce the Better Online Tickets Sales Act and collaborate with State Attorneys General on enforcement
  • The FTC is directed to ensure price transparency throughout the ticket-purchase process, including in secondary markets
  • The FTC should evaluate and potentially take enforcement action against unfair practices in secondary ticketing
  • The Treasury Secretary and Attorney General must ensure ticket scalpers comply with tax laws

The order requires these agencies to submit a report within 180 days detailing actions taken and recommending any necessary regulations or legislation.

This executive order targets legitimate consumer protection issues in the ticketing industry. Ticket scalping has become increasingly problematic with the rise of automated bots that purchase large quantities of tickets for resale at inflated prices. The order correctly identifies that these practices harm both consumers and artists while benefiting only scalpers and ticketing agencies.

However, the order primarily directs agencies to enforce existing laws rather than implementing new regulations directly. The Better Online Tickets Sales Act (BOTS Act) of 2016 already prohibits the use of software to circumvent security measures on ticketing websites and the purchase of tickets in excess of posted limits. Enforcement of this law has been limited, with the FTC bringing its first cases under the BOTS Act only in 2021.

The effectiveness of this order will depend entirely on how aggressively agencies pursue enforcement actions and whether they propose meaningful new regulations. The 180-day report requirement provides a timeline for initial action but doesn’t guarantee substantive changes to industry practices.

While addressing a real consumer issue, this order follows a pattern of executive actions that direct agencies to enforce existing laws rather than implementing immediate policy changes. The actual impact on ticket prices and availability remains to be seen.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.

Purpose.

(a) America’s live concert and entertainment industry is the envy of the world. But it has become blighted by unscrupulous middlemen who sit at the intersection between artists and fans and impose egregious fees while providing minimal value. Ticket scalpers use bots and other unfair means to acquire large quantities of face-value tickets and then re-sell them at an enormous markup on the secondary market, price-gouging consumers and depriving fans of the opportunity to see their favorite artists without incurring extraordinary expenses. By some reports, fans have paid as much as 70 times face value to obtain a ticket. When this occurs, the artists do not receive any profit. All profits go solely to the scalper and the ticketing agency.

(b) My Administration is committed to making as accessible as possible the arts and entertainment that enrich Americans’ lives. The rent-seeking behaviors surrounding the ticketing industry are contrary to this goal. They are detrimental to consumers and capitalize on market distortions that must not be allowed to persist.

Sec. 2.

Implementation.

My Administration shall use all lawful authority to address the conduct described in section 1 of this order. Accordingly, I direct that:

(a) the Attorney General and the Federal Trade Commission (FTC) ensure that competition laws are appropriately enforced in the concert and entertainment industry, including where venues, ticketing agents, or combinations thereof operate to the detriment of artists and fans;

(b) the FTC rigorously enforce the Better Online Tickets Sales Act, 15 U.S.C. 45c, and collaborate with State Attorneys General or other State consumer protection officers on enforcement of the Better Online Ticket Sales Act, including by providing such State officials with information or evidence obtained by the FTC when consistent with applicable law;

© the FTC take appropriate action, including proposing regulations if necessary, to ensure price transparency at all stages of the ticket-purchase process, including the secondary ticketing market;

(d) the FTC evaluate and, if appropriate, take enforcement action to prevent unfair, deceptive, and anti-competitive conduct in the secondary ticketing market; and

(e) the Secretary of the Treasury and Attorney General ensure, as appropriate, that ticket scalpers are operating in full compliance with the Internal Revenue Code and other applicable law.

Sec. 3.

Report.

Within 180 days of the date of this order, the Secretary of the Treasury, Attorney General, and Chairman of the FTC shall jointly submit a report to the Assistant to the President for Economic Policy and the Director of the Office and Management and Budget describing the actions they have taken to implement this order. The report shall also identify any recommendations for regulations or legislation necessary to protect consumers with respect to the live concert and entertainment industry.

Sec. 4.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP THE WHITE HOUSE,
March 31, 2025.