Oasis Fans Looking Back in Anger – The legal considerations of dynamic pricing

It has also resulted in many paying a not insignificant sum of money – way above the face value that was advertised in advance – to obtain a ticket to see the band at their reunion tour in the UK and Ireland in summer 2025.

Having endured lengthy virtual queues – with some even in a ‘queue for the queue’ type situation – fans were then presented with ticket prices in excess of double the face value.[1]

Hundreds of fans have since made official complaints to the Advertising Standards Authority about how tickets for the band’s 2025 tour were advertised, and the UK government has promised to review the use of dynamic pricing, stating that the scope of the review will focus on “issues around the transparency and use of dynamic pricing, including the technology around queuing systems which incentivise it.”[2]

There is clearly now a chorus of discontent echoing around the ticketing for the Oasis reunion and the question of whether the commercial practice of dynamic pricing might be veering into risky legal territory is being asked by many.

But what is dynamic pricing? To put it plainly, it is when the price of goods or services fluctuates according to demand – in the Oasis case, this meant ticket prices being adjusted upwards according to demand on the primary ticket selling site, Ticketmaster. Ticketmaster has stated that it does not set the prices, but rather promoters and artists set the basis of the pricing, either fixed or market based.[3]

While dynamic pricing allows for a flexibility in pricing strategy and can, at times, be justified commercially and economically for businesses – and although not strictly unlawful – there are legal considerations that merit consideration and careful attention by businesses employing this type of pricing strategy: namely, issues around consumer protection law and competition law.

UK consumer protection law contains rules that exist to protect consumers against commercial practices which are misleading or unfair. An example of misleading commercial practice can include where a trader materially misleads consumers in relation to the price of goods and services, if that causes the average consumer to take a different transactional decision i.e. the decision they take to buy or not buy a particular good or service. This includes, for example, where information presented to consumers is false, or presented in a way that deceives the average consumer.

Another example could be if material information is left out or hidden. So, while dynamic pricing is not expressly stated as being unlawful under UK consumer protection law, it is clearly important that businesses consider thoroughly the design and practical implementation of any dynamic pricing strategy to avoid falling foul of the rules.

UK competition law on the other hand prohibits agreements or behaviour by businesses that harms competition in the UK market; it is designed to ensure that businesses are competing fairly. A breach of competition law can occur if a business which is dominant in a given market abuses that dominant position.

Various types of pricing abuses exist, including those that directly or indirectly take advantage of consumers. There is a risk of a breach of competition law if a business which is considered dominant in its given market implements a pricing strategy and system, such as dynamic pricing, which leads to the imposition of excessive prices on consumers.[4]

The Competition and Markets Authority (CMA), the UK’s competition regulator, has responded to the current situation and stated its intention to assist the UK government in its review of dynamic pricing: “more protections are needed for consumers here, so it is positive that the government wants to address this. We now look forward to working with them to get the best outcomes for fans and fair-playing businesses.”

In addition to the CMA’s existing enforcement powers, the new Digital Markets, Competition and Consumers Act 2024 will implement significant changes to UK consumer law and competition law when they into effect in the very near future, including giving the CMA an important new power of enforcement.

The CMA will have the ability to take enforcement action against businesses that breach UK consumer law of its own volition, without the need to go to court (as is currently the case). Where the CMA decides that there has been a breach, it will be able to impose fines of up to 10% of global annual turnover on businesses. With this increase in its enforcement power, it follows that the CMA could be more likely to pay very close attention to situations which raise questions around consumer protection.

[1] ‘Deeply depressing’: Ministers announce surge pricing review following Oasis ticket backlash | ITV News – 2 September 2024.

[2] Oasis tickets: Hundreds lodge complaints over dynamic pricing – BBC News Article – 2 September 2024.

[3] Oasis gigs sell out after scramble for tickets – BBC News – 31 August 2024.

[4] CMA calls for consumer protections as Oasis ticket price dispute widens (ft.com) – 2 September 2024.