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Buying concert tickets has become a familiar ordeal. Log in on time, wait in the digital queue, and watch prices spike within minutes. That frustration is now at the center of a legal battle between Live Nation, its ticketing arm Ticketmaster, and the Federal Trade Commission.
Live Nation and Ticketmaster asked a federal judge to dismiss an FTC lawsuit accusing them of helping sustain the scalping economy they publicly criticize. The companies called the case an “egregious instance of agency overreach.” Filed last year, the lawsuit claims they engaged in “unfair and deceptive practices” by allowing ticket brokers to buy large numbers of seats and resell them at steep markups, especially during the burst of post-pandemic touring.
Live Nation’s defense centers on the BOTS Act, a 2016 law meant to stop scalpers from using automated software to buy tickets in bulk. The company argues the FTC is misusing the law, which was designed to help ticket sellers fight scalping.
That resale marketplace is a key part of the controversy. Ticketmaster has long said it opposes scalping, yet its secondary platform has become deeply embedded in the ticketing system. The FTC argues this setup effectively allows brokers to “harvest” tickets despite systems in place against such behavior.
The case arrives as live music revenues hit record highs and fan backlash over prices grows louder. The FTC says the problem goes beyond simple supply and demand, pointing instead to a system that benefits large platforms and professional resellers over ordinary fans.
Live Nation has since made policy changes in the midst of the lawsuit. When addressing lawmarkers they promised that they would implement the following changes, including barring brokers from operating multiple accounts on their platform, shutting down a long-criticized uploading application, and starting to require brokers to hand over Social Security numbers to sell tickets
Despite the outcome of the lawsuit, the message is clear. Ticket pricing is no longer just a fan complaint and has escalated to becoming a legal and political flashpoint in the modern concert industry.
