With the UK leg of Oasis Live ’25 now wrapped up, last week the Competition and Markets Authority (“CMA”) published commitments agreed by the ticket seller to provide fans with more information about prices and clear descriptions of exactly what they are getting for their money.
These commitments come a year on from the initial controversy surrounding the sale of Oasis Live ‘25’ tour tickets Many consumers complained of being stuck in online queues for hours, only to discover at the point of purchase that a tiered system was in place and that cheaper tickets were no longer available.
In this article, we summarise the CMA’s investigation, the commitments given and what other businesses need to now consider.
The Core Issues
The core issue was that the ticket seller did not tell consumers waiting in lengthy queues that standing tickets were being sold at two different prices, and that prices would spike as soon as the cheaper tickets sold out. There were also concerns over the misleading advertising of ‘platinum’ tickets that were not materially more beneficial than their standard equivalent.
Dynamic pricing
Initially, the investigation was framed as relating to dynamic pricing, but it quickly became apparent (and has now been confirmed by the CMA) that there was no evidence of dynamic pricing in this particular instance – the issues were much more straightforward than that. However, the CMA did take the opportunity to clarify its views on dynamic pricing earlier this year – see here for our summary.
Key Commitments
The key commitments, provided through formal undertakings, are:
- Advance disclosure of tiered pricing: the ticket seller will inform customers at least 24 hours before tickets go on sale if a fixed tier pricing system is being used. Customers will be provided with a clear explanation of how the system works and which ticket categories are affected, meaning consumers will know beforehand whether more expensive tickets will be released once the cheapest ones sell out.
- Transparent pricing in queues: the ticket seller will provide customers with the range of prices for tickets when they join a queue and inform them when the cheaper tickets sell out. This information will be updated at least every 15 minutes.
- Accurate ticket labelling: the ticker seller will ensure that all ticket labels and descriptions are clear and not misleading. In particular, tickets will not be described as superior (‘platinum’ or otherwise) unless there is a genuine, material difference in the benefits offered.
- Implementation and monitoring: the ticket seller must implement these changes within six weeks and designate a compliance contact to liaise with the CMA. The ticket seller must also regularly report to the CMA over the next two years, setting out its compliance with the undertakings. Failure to implement the measures set out in the undertakings could result in enforcement action.
Recommendations for businesses
The outcome in this investigation is not overly surprising, given the public outcry and wide press attention – commitments were always going to be required. Whilst this investigation and the related commitments are fact specific, it is a helpful reminder of the basic principles and practices that businesses should consider adopting regarding pricing, in the new world of the Digital Markets Act including:
- Review pricing practices: businesses should conduct test consumer journeys to establish how and where prices are presented to consumers. Businesses should review their pricing structures and ensure that all mandatory fees and charges are disclosed upfront and that prices do not change during the payment process and remedy any drip pricing issues as soon as possible. Following a recent CMA consultation on draft pricing transparency guidance, we also recommend monitoring for the publication of new guidance in this area. For more details on the CMA’s consultation, see our previous article here.
- Clear and prominent information: information about pricing, product features, and any differences between product categories must be presented clearly and prominently, avoiding jargon or misleading descriptions.
- Regular compliance audits: businesses should implement regular audits of their sales processes and consumer communications to ensure ongoing compliance with consumer protection law.
- Staff training: those responsible for website content and pricing should be trained on the requirements around pricing transparency and misleading practices.
If you would like to discuss anything to do with drip or dynamic pricing, or another consumer law issue, please do not hesitate to contact one of our specialists.
