CMA’s investigation into Ticketmaster – the role of AI in potential infringements of consumer law  

On the 25 September 2025, the Competition and Markets Authority (CMA) and Ticketmaster agreed and signed undertakings that concluded a high-profile CMA investigation into Ticketmaster’s conduct in the sale of tickets for the much-anticipated Oasis reunion tour. The CMA’s investigation was prompted by widespread consumer complaints regarding confusing and misleading ticket pricing and labelling, most notably leading to accusations of dynamic pricing being used. The CMA’s investigation focused on two key issues with Ticketmaster’s sale of Oasis tickets. The first issue concerned the sale of so-called “platinum” tickets which were sold for 2.5 times the price of normal tickets but did not have any additional benefits compared to the standard seats in the same seating area. The second issue with Ticketmaster’s practices concerned the sale of standing tickets at a significantly higher price than expected by queuing fans. The price of tickets seemingly jumped part-way through the queue, leaving fans purchasing tickets for more than double the original cost.

Ticket pricing was central to the CMA’s investigation, with many customers calling for Ticketmaster to be investigated for the potential use of dynamic pricing. So, what is dynamic pricing and how could it have landed Ticketmaster in trouble with regulators?

Dynamic pricing is an AI-based pricing mechanism which uses AI to adjust prices rapidly and frequently for products or services depending on the current level of demand the website is experiencing. The higher demand is at any given moment, the higher the price will be. Whilst the CMA has expressly stated that dynamic pricing can be consistent with fair consumer practices and business efficiency, the CMA has also highlighted concerns insufficiently transparent algorithmic pricing can lead to poor consumer outcomes. This commonly occurs when customers are not aware of how the dynamic pricing mechanism operates or where the rapid price changes pressure customers into making quick decisions. It is worth noting that the CMA did not find evidence that Ticketmaster had used dynamic pricing. Instead, Ticketmaster had used a practice known as “tiered pricing,” where standing tickets are split into two different tiers and sold tickets at two different prices. Naturally, the cheaper tickets sold out first and only the more expensive tickets remained for sale. Customers were not sufficiently notified that a tiered system would be used and provided with a limited explanation for the price hike which occurred mid-way through the ticket sale.

In Ticketmaster’s case, although they had not used dynamic pricing, the lack of transparency resulted in a similar outcome; customers were left without clear information as to how and when price rises would occur. On entering the website, some customers reportedly felt pressured to purchase the more expensive tickets due to the short reserve window, despite tickets being significantly more expensive than expected or budgeted for.

The CMA did not make any findings that Ticketmaster had breached UK consumer law and fair practices; however, Ticketmaster have signed voluntary undertakings as a result of the CMA’s submissions to Business and Trade Committee on the 2 July 2025. Ticketmaster has made formal commitments to inform customers, at least 24 hours in advance, if a tiered pricing system is being used. They will also provide real time information regarding ticket prices during online queues so customers can anticipate the cost required to secure tickets. Ticketmaster have also addressed the misleading ticket descriptions and will now only market tickets with labels such as “platinum” if they provide additional benefits to the ticketholder. Ticketmaster is required to regularly report to the CMA over the course of the next two years to ensure compliance with their undertakings. If Ticketmaster fails to make the appropriate changes, the CMA has stated they will not hesitate to take further action to protect consumers.

Ticketmaster’s voluntary undertakings were given against the backdrop of the CMA’s new enforcement powers. Since April 2025, the CMA have been given stronger regulatory powers to impose fines of up to 10% of global turnover on companies who breach consumer protection law. Businesses operating in the entertainment industry should, therefore, take note of the CMA’s findings and recommended practices to avoid falling foul of the CMA, especially when using AI-based models which impact consumers.

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