US Federal Agencies Target Live Entertainment Market
Washington D.C. – The United States Justice Department (DOJ) and the Federal Trade Commission (FTC) have jointly initiated a significant public inquiry aimed at scrutinizing competition within the live concert and entertainment industry. The federal agencies are seeking to identify and address what they term “unfair and anticompetitive practices and conduct” that may be impacting consumers and market participants.
This unprecedented joint action stems directly from Executive Order No. 14254, issued by Donald Trump on March 31. The order mandates the Attorney General and the FTC to intensify efforts to enforce competition laws within this specific sector. It also directs the FTC to rigorously enforce the Better Online Ticket Sales Act, officially codified as 15 U.S.C. 45c.
Calling for Public Input
A central component of this inquiry is a broad call for public comments and information. The DOJ and FTC are actively soliciting input on “harmful practices and on potential regulation or legislation” that could serve to better protect consumers and ensure a more competitive market.
The agencies have explicitly encouraged “All market participants” to provide their perspectives. This includes, but is not limited to, consumers who purchase tickets, the artists who perform, small businesses operating within the industry, relevant trade groups, and industry analysts with insights into market dynamics. The stated goal is to gather a comprehensive understanding of the challenges and potential solutions from across the entire ecosystem.
The deadline for submitting public comments is set for July 6, 2025. This extended timeline provides ample opportunity for diverse stakeholders to compile and present detailed information and recommendations to the federal regulators.
Collaboration and Reporting Requirements
The inquiry involves significant inter-agency collaboration. The DOJ and FTC will work in conjunction with the Secretary of the Treasury to produce a joint report summarizing their findings and potential policy recommendations.
Furthermore, the FTC is taking the lead role on matters specifically related to the enforcement and effectiveness of the Better Online Ticket Sales Act (15 U.S.C. 45c). This focus underscores the agencies’ intent to address issues surrounding ticket access, pricing transparency, and the prevention of unfair practices in the online ticketing market.
The Executive Order No. 14254 itself mandates a separate, comprehensive report. This report is required from the Attorney General, the Secretary of the Treasury, and the FTC Chairman. It is expected to contain detailed recommendations for new regulations or legislation deemed necessary to address the identified competition issues and consumer harms within the live entertainment sector.
Background and Executive Action
President Trump’s Executive Order No. 14254, issued on March 31, explicitly highlighted concerns regarding competition, transparency, and consumer protection in the live concert and entertainment industry. The order recognized the significant cultural and economic importance of this sector while also acknowledging widespread public complaints about ticket prices, fees, and market practices.
The directive for the Attorney General and FTC to enforce competition laws vigorously signals a federal commitment to examining potential antitrust violations or practices that could stifle competition among venues, promoters, and ticketing services.
Simultaneously, the emphasis on the rigorous enforcement of the Better Online Ticket Sales Act (15 U.S.C. 45c) focuses specifically on protecting consumers from unfair practices in the online ticket resale market, such as the use of bots to unfairly purchase large blocks of tickets or deceptive websites.
Potential Implications
While the scope and outcomes of the inquiry will depend on the information gathered and the subsequent findings, this joint action by the DOJ and FTC represents a significant federal focus on the live music industry. The call for broad public input suggests a thorough review of market dynamics from multiple perspectives.
Depending on the findings, the inquiry could potentially lead to increased enforcement actions under existing antitrust and consumer protection laws, recommendations for new legislation to address identified gaps, or changes in regulatory policy to promote greater competition and transparency.
The involvement of the Secretary of the Treasury, in addition to the DOJ and FTC, suggests a potential consideration of the economic impacts and financial structures within the industry as part of the overall analysis.
Conclusion
With the deadline for public comments set for July 6, 2025, the coming months will be crucial for stakeholders across the live concert and entertainment industry to participate in this federal review. The joint inquiry by the Department of Justice and the Federal Trade Commission, spurred by Executive Order No. 14254, underscores a federal commitment to examining competition and consumer protection issues in a sector that holds significant cultural and economic value. The resulting reports and potential recommendations could have a lasting impact on how live entertainment is produced, distributed, and accessed by the public.
