Anyone who has tried to buy tickets for a major sporting event or concert in recent years will be familiar with the frustration. Tickets sell out within minutes, only to reappear on resale platforms at eye-watering prices. Meanwhile, what appears to be a reasonable price at the start of the booking journey can often look very different by the time mandatory fees are added at checkout.
Recent headlines suggest regulators and policymakers are increasingly determined to tackle these issues.
The Competition and Markets Authority (CMA) recently ordered StubHub UK to refund more than 50,000 customers and imposed a financial penalty of almost £900,000 after finding that mandatory fees had not been included in the upfront ticket price shown to consumers. The regulator concluded that unavoidable charges were only added at the final stage of the purchasing process, preventing consumers from accurately comparing prices from the outset.
At the same time, public concern about ticket resale pricing shows little sign of disappearing. Earlier this summer, reports emerged that tickets originally purchased by England fans for a World Cup match against Mexico had been listed for resale at prices reaching more than £26,000, many times their original face value.
A changing regulatory landscape
These stories come against a backdrop of significant change in UK consumer protection law.
The Digital Markets, Competition and Consumers Act 2024 has given the CMA substantially stronger enforcement powers, including the ability to impose significant penalties for breaches of consumer law without first going through lengthy court proceedings. The legislation also places greater emphasis on pricing transparency and tackling practices that mislead consumers.
One area attracting particular scrutiny is so-called ‘drip pricing’, where consumers are initially shown a headline price only for additional mandatory costs to emerge later in the buying process. Regulators have made clear that consumers should be able to understand the total price they will have to pay before making purchasing decisions. The StubHub enforcement action is one of the clearest examples yet of the CMA’s willingness to use its enhanced powers in practice.
The wider debate around ticket resales
Enforcement against hidden fees is only one part of the broader discussion.
For many artists, sports organisations and consumer groups, the continued ability to resell tickets at vastly inflated prices remains a major concern. Critics argue that professional touts often exploit high demand, reducing access for genuine fans while generating substantial profits from secondary markets. Government analysis has previously suggested that tickets resold through major platforms are frequently marked up significantly above face value.
The Government has already consulted on reforms aimed at strengthening protections in the resale market and has indicated support for stricter controls on ticket touting and stronger obligations on resale platforms. Proposals have included measures designed to limit excessive mark-ups, improve transparency and place greater responsibility on platforms to monitor compliance.
Whether such reforms ultimately go far enough remains open to debate, but the direction of travel appears clear: policymakers increasingly view ticketing markets through a consumer protection lens rather than simply as a matter of supply and demand.
What does this mean for businesses?
The message from regulators is that pricing practices are now firmly in the spotlight.
Businesses operating online marketplaces, ticketing platforms and other consumer-facing digital services should expect greater scrutiny of how prices are presented throughout the customer journey. It is no longer enough to ensure that fees are disclosed somewhere in the process. Companies must consider whether consumers are being given clear, accurate and timely information from the outset.
The CMA’s recent activity also serves as a reminder that consumer law compliance carries increasing financial and reputational consequences. As regulators make greater use of their expanded powers, businesses that fail to review their pricing and transparency practices may find themselves facing enforcement action as well as negative publicity.
Looking ahead
For consumers, the prospect of clearer pricing and stronger action against unfair practices will be welcome. For businesses, however, the combination of tougher enforcement and continued political attention on ticket pricing means this issue is unlikely to disappear any time soon.
Whether it is hidden fees, dynamic pricing or tickets being resold for many times their original value, one thing is becoming increasingly clear: regulators expect consumers to be able to make informed purchasing decisions without surprises. The ticket market may be evolving, but transparency is rapidly becoming non-negotiable.
How we can help
With regulators taking a more proactive approach to consumer protection enforcement, businesses should ensure that their contracts, terms and pricing practices are fit for purpose.
Our commercial team regularly advises businesses on commercial agreements, online sales practices, terms and conditions, consumer compliance and regulatory risk. To find out how we can support your business, get in touch.
