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DoJ and FTC Launch Public Inquiry into Live Entertainment Industry

Editorial
Last updated: May 14, 2025 12:13 pm
Editorial
Published May 14, 2025
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Image by Gerd Altmann from Pixabay

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have jointly launched a public inquiry into potentially unfair and anticompetitive practices in the live entertainment and ticketing industry.

The effort is part of a broader initiative mandated by President Trump’s Executive Order 14254, titled Combating Unfair Practices in the Live Entertainment Market, issued on March 31.

The agencies are soliciting public comments for a 60-day period, ending July 7, 2025. The information gathered will inform a forthcoming report aimed at identifying necessary legislative or regulatory reforms to protect consumers and ensure competition in the sector.

“Competitive live entertainment markets should deliver value to artists and fans alike,” said Assistant Attorney General Abigail Slater, head of the DOJ’s Antitrust Division. “We will continue to closely examine this market and look for opportunities where vigorous enforcement of the antitrust laws can lead to increased competition that makes tickets more affordable for fans while offering fairer compensation for artists.”

FTC Chairman Andrew N. Ferguson echoed these concerns, stating:

“Many Americans feel like they are being priced out of live entertainment by scalpers, bots, and other unfair and deceptive practices. Now their voices are being heard. President Trump has sent a clear message that bad actors who exploit fans and distort the marketplace will not be tolerated.”

The Executive Order directs the DOJ and FTC to evaluate how competition laws are being applied in the concert and ticketing industry and to consider potential enhancements. It also calls for rigorous enforcement of the Better Online Ticket Sales (BOTS) Act, which aims to curb the use of automated bots that purchase large ticket quantities for resale at inflated prices.

In compliance with the order, the DOJ and FTC—alongside the Department of the Treasury—will prepare a joint report with recommendations for regulatory or legislative action. The FTC will lead the evaluation of the BOTS Act’s enforcement effectiveness.

This move comes amid heightened scrutiny of the live entertainment industry, particularly the dominant role of Live Nation Entertainment Inc. and its ticketing arm, Ticketmaster. The DOJ, joined by 40 state attorneys general, is currently litigating a major antitrust case against the company, alleging monopolization and market manipulation.

Stakeholders, including consumers, performers, industry analysts, small businesses, and trade groups, are encouraged to submit comments. The agencies are particularly interested in learning more about the impact of current federal and state regulations on competition, including within the secondary ticket market.

Public comments can be submitted via Regulations.gov under Docket No. ATR-2025-0002.

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