Dynamic pricing – Are concert goers right to look back in anger?
The recent furore over the pricing of tickets for Oasis’ 2025 UK reunion tour has raised questions about the legalities of dynamic pricing practices. Charles Mather from Harrison Drury’s regulatory team takes a look at the key issues.
After Liam Gallagher’s announcement on X that the guns had fallen silent and the stars had aligned, presumably in reference to the decade plus of disagreements and hostility between the brothers, Oasis fans were treated to the prospect of seeing the band perform live for the first time since 2009. However, following the general ticket sale on 31 August, it has been widely reported that many fans were unhappy with the experience of buying tickets.
Fans reported that, after queueing for hours online, they had been offered tickets at significantly higher prices, sometimes two or three times higher, than those advertised earlier in the week, and given only a few minutes to decide whether or not to make a purchase.
It has been reported that many fans hadn’t bargained for dynamic pricing being applied in the context of a ticketed event.
Dynamic pricing in the UK
Dynamic pricing is a mechanism whereby prices are fluid up to the point of sale, with prices being determined by the level of demand. UK consumers are relatively familiar with the practice when it comes to buying flights or holiday accommodation, but not when it comes to ticketed events. Not so in the US, where the practice is common.
As huge numbers of people scramble to obtain a limited number of tickets to an event, it’s not hard to imagine dynamic prices going into overdrive.
Proponents of dynamic pricing argue that it delivers fair market value for sellers, delivering prices that accurately reflect the level of demand.
UK consumer law does not prohibit dynamic pricing, and, for the most part, fans seemed to be annoyed because they claimed that they hadn’t been warned that dynamic pricing would be applied, and therefore they weren’t aware of the possibility that the ticket prices advertised at the outset might increase as they queued online.
If this was the case, however, then UK consumer law may be less silent on the issue.
UK consumer law and dynamic pricing
Consumers in the UK enjoy protections under various legislation, including the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The CPRs prohibit commercial practices that cause, or are likely to cause, the average consumer to enter into a transaction that he or she might not have done, but for the provision, or omission of important information. As such, if fans were not told at the outset that ticket prices might increase, as some have suggested, then those caught out may be open to argue that they have suffered as a result of an unfair commercial practice in breach of the CPRs.
In future, consumers may see further protections by way of new enforcement powers conferred on the Competition and Markets Authority (CMA) by The Digital Markets, Competition and Consumers Act 2024 (DMCC), which has passed into law but not yet taken effect. Under DMCC, CMA will soon have the power to impose fines of up to 10% of worldwide turnover on companies that breach UK consumer law.
Earlier in August, following pledges made in Labour’s election manifesto, Jonathan Reynolds, the Secretary of State for Business and Trade, announced plans for a consultation in the autumn on ticket sales in the secondary market. The details of the consultation have not yet been published, but it is understood that it will include broad proposals to strengthen protections for consumers, businesses, artists and sportspeople, and may propose a cap on the resale value of tickets.
Following the Oasis ticket case, Lisa Nandy, Secretary of State for Culture, Media and Sport, announced that the consultation would be widened to include the transparency and use of dynamic pricing on online ticket platforms, as well as the related technology around queuing.
It will be interesting to see the approach of Trading Standards and the Advertising Standards Authority, who have reportedly each received hundreds of complaints from fans. Following a request from consumer rights group Which?, the CMA has confirmed that it will investigate the lawfulness of Ticketmaster’s dynamic pricing in relation to the sale of Oasis tickets. The CMA has invited fans that were unhappy with their experience to contact it.
Harrison Drury’s Regulatory and Commercial teams are on hand to provide advice and assist you with UK consumer law queries. Please contact us on 01772 258321.