Oasis Reunion Ticket Prices Surge Amid Dynamic Pricing Controversy

(Image Above generated using AI)

After waiting in line for hours in virtual queues for a chance to attend Oasis' long-anticipated reunion, fans were staggered to find that prices had been hiked as part of a "dynamic pricing" scheme.

From the initial rate of £148.50, prices surged to £355.20—all after fans had already added the tickets to their cart.

Ticketmaster, one of the official ticketing partners for the concerts, adopted the pricing model that hotels and airlines have been using for some time now: adjusting prices according to current market conditions.

As the UK’s Competition and Markets Authority launched an investigation, the EU also grew wary of the possibility that dynamic pricing could become a staple in the music industry.

Oasis had already sold out shows in Dublin, and in this case as well, prices rose to similar figures as fans waited in line. Irish MEPs have backed appeals for changes to the Digital Services Act, enacted in 2022, to prevent similar situations from arising.

As the Commission clarified in 2023(1), dynamic pricing is not prohibited under EU consumer law. At this time, there is no case law on the matter. Article 102 TFEU addresses various pricing abuses and prohibits the imposition of excessive prices by a dominant company. However, as no infringements have been found, the Commission has not initiated any proceedings on this issue.

Nevertheless, under certain circumstances, dynamic pricing could infringe on the Unfair Commercial Practices Directive (2005/29/EC) and the Omnibus Directive (2019/2161). This would occur, for instance, if prices were raised during the booking process after the consumer had proceeded to payment, without giving them reasonable time to complete the transaction(2)—precisely what happened with Ticketmaster.

The application of these directives currently falls under the jurisdiction of individual member states. However, given the growing concern over dynamic pricing becoming standard practice, the Commission will continue to monitor pricing patterns in the media and entertainment sectors as part of a broader “Fitness Check of EU Consumer Law on Digital Fairness.”

(1) EN E-002400/2023

(2) EN E-002400/2023 Answer given by Mr Reynders on behalf of the European Commission

(27.9.2023

The contents of the article represent solely the ideas and opinions of the author and in no way the opinions of Bocconi University or the IUS@B association.