Dáil Éireann Debate, Monday - 11 September 2023
564. Deputy Patrick Costello asked the Minister for Enterprise, Trade and Employment if he has consulted with the Competition and Consumer Protection Commission around the issue of the de facto monopoly Ticketmaster/Live Nation have on the online ticket sales market and measures he is introducing to ensure fair competition in the market; and if he will make a statement on the matter. [37809/23]
View answerSection 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Competition and Consumer Protection Commission (CCPC) is independent in the performance of its statutory functions. As investigation and enforcement matters are part of the day-to-day operational work of the Commission, I have no direct function in these matters.
Section 5(1) of the Competition Act 2002 prohibits any abuse by one or more undertakings of a dominant position in trade for any goods or services in the State or in any part of the State.
In January 2017, the CCPC opened an investigation into suspected anti-competitive practices in the ticketing industry, examining activities which took place from 1 January 2012 to 13 March 2020. As part of its extensive investigation, the CCPC came to the preliminary view that Ticketmaster held a dominant position in the market for the supply of outsourced primary ticketing services on the island of Ireland. Ticketmaster did not agree with this assessment.
Section 14B of the 2002 Act provides a mechanism whereby undertakings under investigation by the CCPC may avoid the institution of proceedings under section 14A by entering into an agreement with the CCPC to provide commitments regarding addressing competition concerns and their future behaviour.
In November 2020, Ticketmaster submitted commitments to the CCPC to remove exclusivity clauses with venues in the supply of outsourced primary ticketing services. Ticketmaster also committed to limiting the time period of exclusivity clauses to 3 years in contracts with live event organisers, the overall contract duration would be capped at 5 years and finally that there would be no automatic contract renewals. The purpose of these commitments was to address the preliminary competition concerns identified in the CCPC’s investigation.
On 29 January 2021 the agreement between CCPC and Ticketmaster became an order of the High Court. The commitments included detailed compliance and monitoring obligations on Ticketmaster. The CCPC has had ongoing engagement with Ticketmaster in relation to how it is complying with the terms of these commitments and court order. The CCPC is also actively monitoring the impact of the required changes on the sector generally.
