With fines totaling around 1,7 million euros, the five investigations launched last October by the Competition and Market Authority were concluded, in order to verify any violations of the Consumer Code, in relation to the sale of tickets for the main concerts held in Italy in recent years (the so-called hot events, such as, for example, the concerts of One Direction, Foo Fighters, Red Hot Chili Peppers, Bruce Springsteen, Renato Zero, Adele, David Gilmour, Coldplay, U2, Ed Sheeran).
A first proceeding concerned Ticketone SpA, a subject which – by virtue of an agreement concluded in 2002 with the major organizers of Italian events – is currently still the owner of an exclusive for the online channel of the main events and sells tickets at fixed by the organizers (promoters) on behalf of the artist (so-called primary market).
In particular, the case in question originated from numerous reports complaining of a sudden run-out of tickets on the primary market and the almost simultaneous sale of the same on the secondary market, where they were sold at higher prices.
The purpose of the proceeding was to verify whether the professional had acted with the diligence proper to his role as exclusive agent for online sales and the specific contractual obligations connected to it.
Although physiologically in hot events, the demand for tickets exceeds the offer and despite the limited quantities of tickets being transferred directly to the secondary market following sales by a promoter to a secondary ticketing operator - the reported rapid run-out of online tickets relating to the most important entertainment events held in Italy and their presence in non-marginal quantities on the secondary market also depended on the concrete procedures adopted by Ticketone for the sale of tickets through the channels managed by it.
From this point of view, in fact, it emerged that Ticketone - despite being contractually required to prepare anti-toggling measures - has not adopted effective measures aimed at countering the purchase of tickets through automated procedures, nor has it provided for rules, procedures and constraints aimed at limiting multiple purchases of tickets, nor did it carry out ex post checks aimed at canceling such multiple purchases.
The ascertained behavioral omissions were deemed not to comply with what is reasonably required by the professional on the basis of the principles of correctness and good faith. The Authority, therefore, held Ticketone SpA responsible for an unfair commercial practice pursuant to art. 20, paragraph 2 of the Consumer Code and imposed a fine of one million euros on the professional.
Four other investigations concerned the information methods with which the main secondary ticketing operators (Seatwave, Viagogo Ticketbis, and Mywayticket) operate on the market via the Internet.
The complaints addressed to the aforementioned operators - albeit to a different extent for each platform examined - concerned the lack or untimely information regarding various essential elements that the consumer needs to make an informed purchase decision.
In particular, it was considered that the professionals, on the one hand, did not adequately explain to the consumer the characteristics of the tickets on sale, by not specifying their face value and the seat and row number, nor the rights and guarantees recognized in the event of cancellation of the event and, on the other, did not clarify their role of mere intermediation carried out on the secondary market.
The Authority, therefore, held the aforementioned professionals responsible for unfair commercial practices pursuant to articles 20, 21 and 22 of the Consumer Code and imposed on them fines totaling over seven hundred thousand euros.
