The Executive Order aims to address what it characterizes as predatory and unfair practices in the live entertainment ticketing industry, particularly targeting ticket scalpers and high service fees. The order describes America's live concert industry as being "blighted by unscrupulous middlemen" who impose "egregious fees while providing minimal value," citing reports of fans paying up to 70 times face value for tickets. According to the order, these practices enrich scalpers and ticketing agencies at the expense of both artists and fans, running counter to the Administration's stated commitment to making arts and entertainment more accessible to Americans.
The order directs several concrete actions to address these market practices. It instructs the Attorney General and the Federal Trade Commission (FTC) to enforce competition laws in the entertainment industry, particularly regarding venues and ticketing agents whose operations may harm artists and fans. The FTC is specifically directed to rigorously enforce the Better Online Tickets Sales Act and collaborate with State Attorneys General on enforcement actions. Additionally, the order mandates the FTC to take steps toward ensuring price transparency throughout the ticket-purchasing process, including in secondary markets, and to evaluate potential enforcement actions against unfair, deceptive, and anti-competitive conduct. The Treasury Secretary and Attorney General are also instructed to ensure ticket scalpers comply with the Internal Revenue Code and other applicable laws.
Implementation of the order rests primarily with the FTC, Department of Justice, and Treasury Department, who are required to submit a joint report within 180 days detailing their actions and recommending any necessary regulations or legislation to protect consumers. The order frames these interventions as necessary market corrections rather than expansion of regulatory authority, emphasizing that implementation must be consistent with applicable law and subject to available appropriations. While the order creates no new legal rights enforceable against the government, it signals potential regulatory and enforcement changes that could significantly impact how concert tickets are sold and resold in the United States, potentially altering business models throughout the live entertainment ecosystem.