Oasis ticket controversy: Is dynamic pricing legal in the EU?

The biggest music story over the past week has been the return of Britpop band Oasis who announced a string of dates across the UK and Ireland for 2025.

While the Gallagher brothers’ repairing their relationship for their first tour in over 15 years made global headlines, after tickets went on sale last Saturday, the band is now occupying column inches over the controversial way tickets were sold.

Tickets for 17 shows in the UK and Ireland went on sale on Saturday 31 August exclusively through the Ticketmaster platform, owned by Live Nation.

For many expectant fans, they were surprised to find that the standing tickets, advertised for £135 (€160) were subject to dynamic pricing. At its peak, standing tickets rose to £355 (€421) by the time fans reached the checkout.

Faced with the option of accepting the higher fees or not seeing the legendary band, many stumped up the cash. All the tickets for the 17 shows sold out by the end of the day.

The UK government has now confirmed that it will look at the issue of dynamic pricing. “The government’s job is to make sure the regulations are in place to make sure consumers are protected,” a spokesperson for Prime Minister Keir Starmer said.

The Competition and Markets Authority, the UK’s competition regulator, has said that “more protections are needed for consumers here, so it is positive that the government wants to address this. We now look forward to working with them to get the best outcomes for fans and fair-playing businesses”.

In the UK, dynamic pricing is allowed by consumer protection laws. But it is imperative that businesses don’t mislead consumers about the price of a product. It seems that Ticketmaster may have not adequately advertised that dynamic pricing would affect ticket prices to consumers trying to get Oasis tickets.

Dynamic pricing has already been a part of Ticketmaster’s business model in the US for some time, and Live Nation CEO Michael Rapino confirmed in February that it would be rolled out to other markets.

Could dynamic pricing affect other concerts?

All the tickets to the confirmed Oasis shows have now sold out. But the rumour mill is already churning out new suggestions that this might not be it for the Mancunian rockstars.

Oasis’s own statements have suggested the UK and Irish dates will be the only ones in Europe in 2025, leaving the door open for dates in the US and other continents. A press release from the band has said “plans are underway for Oasis Live ’25 to go to other continents outside of Europe later next year.”

If the band make it over to the US – their most likely next stop – then tickets will probably be handled in a similar manner to the UK and Irish dates.

Live Nation’s dynamic pricing has been in effect for a number of years in the US, but the entertainment company’s activities have not been without criticism in the country. The Department of Justice (DoJ) filed a civil complaint against the company in May accusing it of operating a monopoly on the live entertainment industry.

The DoJ accused Live Nation of dominating the market in a way that has driven away competitors and led to consumers paying higher prices for worse services.

Attorney General Merrick Garland said: “In recent years, Live Nation-Ticketmaster’s exorbitant fees and technological failures have been criticised by fans and artists alike. But we are not here today because Live Nation-Ticketmaster’s conduct is inconvenient or frustrating. We are here because, as we allege, that conduct is anticompetitive and illegal.”

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Does the EU allow dynamic pricing?

If Oasis announce more concerts in Europe, could they be affected by the same dynamic pricing?

Oasis have already sold out shows for Croke Park in Dublin, which is subject to EU laws. Just as for the UK dates, these tickets rose by similar figures as consumers waited in the online lobbies.

Tánaiste Micheál Martin has called for Ireland’s Competition and Consumer Protection Commission to investigate the way dynamic pricing was handled for the Dublin dates.

Dynamic pricing is legal under the EU’s consumer protection law. It’s used frequently in industries like airline tickets and taxis.

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However, the EU Commission does have some restrictions on dynamic pricing. It would be illegal “ if prices are raised during the booking process after the consumer has proceeded to payment” a letter from the Commission in 2023 confirmed.

While there is no specific precedent in EU law around dynamic pricing, incidents like the Oasis tickets controversy can be assessed on a case by case basis, with a clear prohibition on “the imposition of excessive prices by a dominant company.”