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CMA investigation into Ticketmaster’s Oasis ticket sales: dynamic pricing transparency and pressure-selling under UK consumer law, upcoming DMCC Act 2024 powers, and implications for primary and secondary ticketing

Published on: 16 September 2024

Published by a LexisNexis TMT expert
Legal News
Article summary

Competition law issues

Dynamic pricing describes a company varying its charges in response to shifting market factors, including spikes in demand. It is increasingly common across a range of industries, from hotels and airlines to Uber-style taxi services. While not inherently unlawful, it may infringe consumer protection or competition law (or the advertising rules) in particular situations. The principal legislation is the Consumer Protection from Unfair Trading Regulations 2008 (CPRUTR 2008), SI 2008/1277, which outlaws unfair commercial practices, such as misleading pricing. The CPRUTR 2008 will be repealed and replaced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) once the relevant provisions commence, carrying over very similar rules on unfair commercial practices. However, DMCCA 2024 grants the CMA stronger enforcement powers, increasing the risk for businesses. The Consumer Rights Act 2015 (CRA 2015), together with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, also governs how pre-contract information is provided to consumers and what it must include. In addition, the advertising codes of practice require that advertising is not misleading. The CRA 2015 also sets rules for ticket resellers, namely secondary ticketing platforms...

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