Combating Unfair Practices in the Live Entertainment Market

Analysis of Trump’s Executive Order

Overview:

This executive order directs federal agencies to crack down on anti-competitive behavior and deceptive practices in the live entertainment ticketing industry. It mandates enforcement of the Better Online Ticket Sales (BOTS) Act, increases oversight of ticket resellers, and calls for new rules to ensure price transparency. The administration frames the order as a defense of fans and artists. Critics question the administration's commitment to robust enforcement and worry the order lacks structural solutions to industry consolidation.

Detailed Analysis:

1. Antitrust Enforcement in Live Entertainment:

Policy:
Instructs the Department of Justice and Federal Trade Commission to investigate and enforce competition laws against unfair ticketing practices and monopolistic behavior.

Progressive Concern:

• Industry Consolidation:
  Companies like Live Nation and Ticketmaster dominate ticketing, venues, and promotion. Without real structural reform, enforcement alone may fall short.

• Enforcement Gaps:
  Past administrations have failed to curb industry abuses. Promises of action must be backed by aggressive investigations and public accountability.

• Fan Exploitation:
  Lack of competition leads to skyrocketing ticket prices, hidden fees, and limited choices for consumers.

2. BOTS Act Enforcement:

Policy:
Requires the FTC to rigorously enforce the Better Online Ticket Sales (BOTS) Act, which bans the use of bots to hoard tickets for resale at inflated prices.

Progressive Concern:

• Tech Enforcement Challenges:
  Scalpers constantly develop new evasion tools. Agencies must be resourced and equipped to keep up.

• Limited Deterrence:
  Penalties for BOTS violations remain low. Stronger consequences may be needed to actually deter abuse.

3. Price Transparency Requirements:

Policy:
Directs the FTC to propose rules or take enforcement action to ensure that all ticket sellers clearly disclose full pricing upfront, including all fees.

Progressive Concern:

• Hidden Fees Culture:
  Junk fees can raise ticket prices by 20–50% after the initial quote. Real transparency would require showing final prices from the outset.

• Enforcement Consistency:
  Secondary market platforms often hide behind terms and conditions. Rules must apply across both primary and resale sellers.

4. Tax Enforcement on Scalpers:

Policy:
Instructs the Department of the Treasury and the Attorney General to ensure that ticket resellers and scalpers comply with tax laws.

Progressive Concern:

• Tax Evasion Risks:
  High-volume resellers may avoid income reporting, costing the public and giving bad actors an unfair edge.

• Enforcement Bandwidth:
  Tracking and auditing scalpers can be complex. The IRS and DOJ need tools and willpower to follow through.

Historical Context:

• Longstanding Public Frustration:
  Fans have long expressed outrage over inaccessible ticketing systems and skyrocketing prices.

• BOTS Act Origins:
  Passed in 2016 with bipartisan support, the BOTS Act aimed to restore fairness to online ticket sales but has seen limited enforcement.

• Live Nation-Ticketmaster Merger:
  Approved in 2010, the merger consolidated power in the live entertainment sector and has drawn repeated criticism from artists, fans, and lawmakers.

Broader Implications:

• Consumer Rights Victory?
  If fully enforced, this order could rein in abusive practices and rebalance power in favor of artists and fans.

• Need for Structural Reform:
  True fairness may require breaking up monopolies and legislating stronger protections, not just executive action.

• Public Pressure Matters:
  This order reflects growing demand for reforms. Sustained organizing could turn regulatory momentum into deeper change.

Social Media Posts:

Post 1:
Trump’s executive order targets ticket scalpers and hidden fees—but will it go far enough? Read more: https://www.whitehouse.gov/presidential-actions/2025/03/combating-unfair-practices-in-the-live-entertainment-market/ #FairTicketing #StopTheScalpers

Post 2:
Live Nation and Ticketmaster have ruled the ticket game for too long. This order nods in the right direction—but fans deserve real antitrust action.
#BreakThemUp #FansFirst

Post 3:
Ticket fees that double the price? Bots that buy out shows in seconds? The people want change. This order is a start—but we need to keep pushing. #TransparentTicketing #ProtectLiveMusic