The horizontal control of venues is only one issue. A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company. Ticketmaster has no real incentive to try to prevent resellers from buying up all the tickets on first sale, because it gets to charge fees on all the resales through its platform. The more times a ticket is resold, the better.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.
Why not just ban the transfer of tickets and allow refunds? You buy a ticket, you show your ID at the door. Early refunded tickets get resold online and late refunds are sold at the venue. All seats, including the best seats, go to actual fans instead of scalpers just hoping to make a profit while providing zero value. First choice in seats goes to the most passionate and attentive fans.
Alternatively only allow transfers within a very short period of the event. Anyone with a legitimate reason (giving to a friend etc) can work it out even on the day of the event. But scalpers have to take on a big risk buying up the good seats early, because they have a short window of time within which to secure a sale (buyers won't risk pre-paying, sellers can't risk prospective buyers backing out at the last minute).
Another tactic I've seen when there isn't assigned seating - just different tiers of seating - is to hold back some small portion of tickets to release shortly before the event, devaluing the scalpers' listings.
Online streaming tickets can also help, especially if the fans have enough of an anti-scalper stance. They'd choose one of the endless live streaming tickets over buying from scalpers just to go in-person.
I can only assume that the people flippantly proposing that the solution should be to restrict consumer freedoms don't attend these types of events themselves. Why should we immediately jump to limiting freedoms when we can increase the risk of scalping enough to be beyond the tolerance of most scalpers.
How is a buyer supposed to trust that the scalper won't just run away with the money? And conversely, how is the scalper supposed to trust that buyers aren't just feigning interest and will back out at the last minute?
Even escrow systems don't necessarily bypass this because ultimately the buyer is likely spending on more than just the concert ticket. They're probably taking time off work, maybe traveling in from another city or country. So even if they might get their ticket money back if the seller backs out, by the time that happens, it's too late to get refunds on everything else.
And combined with the possibility of getting lower prices closer to the event (extra drops from the event, honest resellers who just can't make it, scalpers trying to cut their losses), even buyers wouldn't commit early to scalper prices.
Maybe limit total number of transfers among all tickets. Because it should be a small minority of legit transfers.
Scalpers should be less likely to take a chance their transfer will be denied, whereas to a legit customer and friend ticket is otherwise worthless and just a best effort anyway.
Or beyond the first X% of transfers you do more rigorous validation. Like asking for the original buyer to call in to confirm in realtime. Something not easily automated.
> Anyone with a legitimate reason (giving to a friend etc) can work it out even on the day of the event.
I've seen it happen multiple times people couldn't find someone to take the ticket off of them, even for free.
Sure, for an ultra mainstream act the likes of Rammstein? A FC Bayern soccer game? You'll always find some people outside the venue willing to pay in cash for tickets.
It’s kind of annoying in practice. For example you buy four tickets to go with your friends. But you get sick so you offer your ticket to a different friend instead. Oops that’s not allowed so now no one gets to go? Or you buy tickets as a gift for someone.
There’s a lot of legit reasons to want transfers, outside of scalping.
I can't do this with airline tickets, hotel bookings, train tickets, dinner reservations, or any other kind of receipt that allows me to put my butt in a seat at a specified time.
Airline tickets and train tickets are because they want to identify the person, for tracking/supposed national security purposes. Also, you typically can transfer train tickets. Depends on the country.
Dinner reservations: I’ve literally never had an issue “transferring” a reservation. There’s no verification, often, and the reservation tools typically let you change contact details. If I present myself as John Smith, I’ve never once had anyone question that.
Concert tickets are almost certainly in the 'dinner reservation' category. They have no need to identify me for national security reasons, so transferring them should not be a problem.
Airline tickets are done for identity at some level (although even that is dubious since until recently you could fly without any id at all), but at another level they charge exorbitant fees to change the name on the ticket or even to just cancel the itinerary.
To be fair, we didn't start having the government screen people on planes when hijackers were merely endangering one plane worth of people. About 3,000 people died and likely tens of thousands of people were injured before we started doing that.
Because 3,000 people died I am unable to just transfer my upcoming flight to someone else? Even if this crazy sentence rang through in any way, just this year I had to fly twice "the next day" so-to-speak and basically bought tickets and then flew the next day. 9/11 is as far from a reason why airline tickets are non-transferable as it gets.
I didn’t make the claim you’re arguing against, that was someone else.
But the answer to your question is: partially
The reason you can’t change it overall is simply airline policy for business reasons. But the reason you can’t change even a misspelling within the last couple of days before a flight is in fact security related.
> Concert tickets are almost certainly in the 'dinner reservation' category. They have no need to identify me for national security reasons
Admittedly I haven't been to many concerts, but 'national security reasons' seems like a reasonable rationale to me because a packed concert sounds like a great place to set off a suicide bomb vest for maximum impact. Have a cut-out who doesn't raise any red flags buy the ticket and hand it off to the person wearing the vest. No ID check? Mass panic ensues when the vest goes off, and people are hurt in the stampede for the exits even if the blast radius of the vest itself isn't all that large.
By your argument, you should have to produce ID before going into any crowded public space.
Pure security theater, and your argument is further invalidated by the fact that it's a made-up reason. No one has claimed this is mandated by TSA or other security authorities.
You can change a name on a flight. There’s a fee perhaps. I don’t know where you are but in most European countries train tickets are valid to the bearer. Dinner reservations, I’ve never once been asked for ID. And indeed I’ve often had reservations made by others for me, or arranged reservations for friends and colleagues from out of town - “I know a great restaurant you’ll like, I’ll reserve a table, just give them my name”.
Hotel bookings - again, the number of times I’ve booked a bunch of rooms for work under my name and then we just assign them at check-in, and the number of times I’ve travelled for work where the hotel room is reserved in someone else’s name.
So yeah, pretty sure this is commonplace that the person who shows up with the chit and can verify certain info gets the access.
And of course, there nothing at all to stop concert tickets being sold to verified buyers and then transferred to other verified buyers.
But during this court hearing it transpired - from emails sent by Michael Rapino - that Live Nation/Ticketmaster’s “Verified Fan” scheme is just a scam to make artist feel like ticketing isn’t the murky Wild West that Ticketmaster knows it is. “Verified Fan” meant almost nothing.
I like the combined suggestions of three other commenters:
1) Allow transfers during a very short window (e.g. 24h before the event)
2) Allow full refunds up to x days before the event
3) Release a small batch of tickets 24h before the event, as a way of reducing the chance for scalpers to make money, and giving real fans a last chance without paying exorbitant prices
All three together offer a reasonable tradeoff. The tickets will go (mostly) to real fans, yet still giving you flexibility in case your plans change (work, sick, etc). And if you know well in advance, you can get a full refund, without having to worry with reselling, paying commission, etc.
Also prohibit secondary markets entirely. Similar to airlines, there's no reselling of tickets.
Of course, this is just wishful thinking. Too many intermediaries benefit from screwing showgoers, so this will never be implemented.
Dinner reservations is a weird one. I have never heard of this concept where they would id you while you are being seated. Maybe there are super exclusive restaurants I'm oblivious to? But even so, roughly 100% of dinner reservations can be implicitly transferred.
You can do this with train tickets, dinner reservations and hotel bookings though? Only thing you can’t do that with is for flights and that’s due to security checks/passport etc
Most concert tickets are not standing and you used to get paper tickets you could just hand to someone else, why should you not be allowed to do this just because it moved to digital?
I think they do kinda work that way. When you buy an airline ticket through some third-party website, the price is lower than the main site, yet they're making a profit. They must be hoarding then reselling tickets with the airline's permission, right? Same with cruises.
The thing is, you as an individual can't transfer tickets because of what the other person said.
Because they're not airline tickets nor hotel bookings. Crazy though that nowadays train tickets have started implementing this ID thing (I'll take your word for it, last time I purchased a train ticket, as a tourist, I had to input no name on it, it was either in Italy or Switzerland, I forgot), the same goes for dinner reservations. Enshittification is indeed accelerating.
> For example you buy four tickets to go with your friends. But you get sick so you offer your ticket to a different friend instead. Oops that’s not allowed so now no one gets to go?
Or you give your friend's names when buying their tickets so they can go even when you can't or you have them buy their own tickets, or you're sick so you get a refund for your four tickets and your friends each buy their own afterwards.
For many events, the demographics lean toward age groups where people have jobs with work schedules that aren't known more than a few weeks in advance. The initially planned friend group (e.g., four people) can have little overlap with who is actually free on the event date and actually attends. Also, if the event has assigned seating, people buying their own tickets typically has the adverse outcome that you can't sit together.
Most flights are available at high frequencies (on the order of days, weeks) compared to concerts (once a year or so). You also don't care as much about sitting together on a plane.
I disagree, if you can't get seats with your friends in a concert, you might just not go because the social aspect is part of the experience, but if you can't get neighboring seats on a plane, you'd (or at least I would) just tolerate it since you would still get to be together at the main event (the destination).
> It’s kind of annoying in practice. For example you buy four tickets to go with your friends. But you get sick so you offer your ticket to a different friend instead. Oops that’s not allowed so now no one gets to go?
Get a refund if you can't go
> Or you buy tickets as a gift for someone.
This is easy part.
> There’s a lot of legit reasons to want transfers, outside of scalping
There of course are but they pale in comparison to what is currently happening with scalping. And as many have pointed out, there are a lot of other "tickets" we buy that are 100% non-transferable, these are because wrong people are making too much money
That's fairly common in Japan: you can't transfer tickets, as they get a name attached at purchase, and many concerts use a lottery system. You register interest in tickets, and if you're selected, you get a window to buy them. No camping out the minute presales open, and the price is the price instead of rent-extracting dynamic bullshit.
Square Enix did that for the Final Fantasy conventions in the US as well (where details of the next FFXIV expansion will be announced later this month), but they added an additional requirement. You have to have an active subscription to the game to even have a chance.
The Savannah bananas do that for their tickets. You enter a free lottery to buy tickets then pay the same price regardless of when you buy them in that window if you're chosen. I don't think there's much scalping that happens with their tickets, so it must work.
I went through the multi-step process for the bananas last year. It failed to validate me during the purchase window. Their support never responded to me (it's been 9 months now).
It was a stupid flow that sent me from email to computer to phone and had one-time links that didn't transfer between devices.
I have no interest in going through this much effort to go to an event.
Scalping only exists because there's a difference between what the tickets cost and what the fans value them at.
For popular shows, there are more people who want to see the show than there are tickets available, so you need to pick a strategy for deciding who's going to go.. Ticket sellers have to balance lost profits from lower prices, prices being too high and the show not selling out, and fans being furious at the artist for making the tickets unaffordable for most of the true fanbase.
Dynamic pricing (airline style) and auction-based systems basically ensure that only the rich can attend. Scalping is a way to do price discrimination / progressive pricing. If you're a true fan, you know when the ticket sale will happen ahead of time, and you snatch the tickets quickly. If you're not, but are rich enough not to care, you have to buy from a scalper. Like all discounting and price discrimination strategies, it sometimes backfires; if you're a true fan attending your mother's funeral when the sale opens, you'll have to pay the rich person's price.
You can also see scalpers as being awarded by capitalism for taking risks. They make sure the show sells out and the artist is happy, even if fan interest is lower than expected. In such a case, they take on the losses, if all goes well, they take some of the profits from the sales.
I think it's because touring as an artist isn't free, so they need some guarantee of income to make the journey to the venue. If there's a risk the concert goers will refund the tickets, then the artist is the one left holding the proverbial bag.
And I like your ideas but I don't see why the venues and artists don't want to capture more of what people are willing to pay enabled by what the parent comment suggested.
I wonder if in your system it actually attracts fans or just people that have the time to wait for tickets.
> I don't see why the venues and artists don't want to capture more of what people are willing to pay
Because artists don't always want to extract the maximum money possible from their fanbase?
Artists are not always rapacious capitalists. Sure, they want to make money from the show, but a lot of them also genuinely want to reach people who may not be able to drop hundreds of bucks on a ticket. Always selling to the highest bidder is a recipe for larger acts to only be accessible to the wealthy. And as surprising as it may seem, some of them have views on that sort of thing.
I think there's levels to it. I've seen what I would consider a big artist at a small venue for $20 plus tax, no fees. You could tell that show was a labor of love for the artist. But, I would never expect to pay that price going to a festival like Coachella, or even a local stadium show.
Actually, writing this comment got me thinking that maybe the larger the venue, the more expensive the ticket needs to be out of necessity. More hands in the cookie jar, and all that.
> Because artists don't always want to extract the maximum money possible from their fanbase?
I think that's both true and not. The larger truth is that trying to maximize the extraction during a single ticket sale is incredibly short-sighted of an artist. Having fans attend shows is a very effective way to grow your fan base and your brand, and that brings so much more lifetime value for an artist than you'd ever get from a single ticket sale (except for maybe on your retirement tour --and even then).
On the other, well, I just bought tickets to Iron Maiden’s “all the best bits” tour (who have to be getting close to retiring, one member already has) supported by Megadeth who are explicitly on their retirement tour.
And those were not cheap. No sir or ma’am.
There are also artists like the Cure though, and Robert Smith seems to have a genuine interest in keeping prices accessible.
And they are free to make the tickets non-transferrable. The Cure did that. Last Phish MSG run the tickets were non-transferrable and I had to use CashorTrade to trade my tickets.
> Why not just ban the transfer of tickets and allow refunds?
There are laws against transfer bans. Also, people don't like being required to provide identity information just to buy a ticket to a live event, and venues HATE enforcing identity checks.
...and you'd be surprised how often you can get a refund on tickets just by asking your venue for a refund.
> First choice in seats goes to the most passionate and attentive fans.
Now you've opened the debate about how to determine which fans are the most passionate and attentive... ;-) Ticketmaster has a service for this that attempts to address this called Verified Fan.
That's exactly my point: boycott the artists who contract with Live Nation. Your life won't be any less rich if you go see a local band instead of Taylor Swift. People have so many options now and yet they're afflicted with this weird FOMO.
That's not fair. Taylor Swift is so big because so many people resonate with her. They want to go see an artist they connect with. I get it, going to see the up-and-coming garage band with the DIY attitude at CBGBs has a comfy I'm-there-in-a-you-had-to-be-there-time, but not everyone finds that superior. Some just want to see the artist they like. And that's ok too.
Nope, I'm being completely fair. If you want to see Taylor Swift then expect to pay a lot for the privilege. Playing games with various ticket sales schemes isn't going to magically make a scarce luxury good affordable. I just get annoyed by entitled fans who think they have a moral right to cheap concert tickets due to loyalty or emotional connection or whatever.
And I have nothing against Taylor Swift. I actually like some of her music and I'm sure she puts on great live shows.
I think you either missed the point or are intentionally sidestepping the point. If I have a favorite band and they're reasonably large and I want to go see them live, it'd be a bonafide miracle if their show wasn't at a LiveNation venue. The local spots are simply too small to be a reasonable stop on tour for any moderately popular artist.
I agree that you should definitely go see local artists at local venues, but you can do that and still really want to take your dad to see Steve Hackett play a live show. It's not up to you to decide what enriches my life.
Ah yes, the bands that can gather more than 1000 fans at a concert are all Taylor Swifts.
One of my favorite bands I've listened to since their first album is First Aid Kit. On their 10th anniversary they had several sold-out concerts at Globen [1] in Stockholm. Should've I just stopped immediately once they crossed the threshold of 100 fans worldwide? But they are a local band, they are Swedish.
In August I'm going to a concert of a Finnish band called Steve'n'Seagulls. They will play in Karlstad, a small Swedish town. They sell their tickets through Ticketmaster. Boycott I say! They are on the same level as Taylor Swift! (137k monthly listeners on Spotify, compared to Swift's 102 million).
Okay. What about bands that have been around since before Live Nation? Should I skip Radiohead, Guns'n'Roses and Sting because there's literally no way for them to tour except to book LiveNation-affiliated venues?
These are getting harder to find, but it's worth it. When I was in high school/college, I didn't need a YouTube algorithm to bring hip music to my attention. I just needed the flyer with upcoming shows at the church basement.
I'm always annoyed by this kind of news. The problem has existed for a long time, and finally, FINALLY, a court weighs in on some very narrow sliver of the problem, meanwhile things keep getting worse.
It always feels like the scene in Lord Of The Rings where they're waiting for the Ents to deliberate on the big war that's going on, and then after an agonizing amount of time they announce that they just said Good Morning and decided their guests weren't Orcs.
It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once, including even merely closing those APIs entirely but they continue to do nothing about it.
The verified re-sale thing as you have correctly pointed out just allowed them to pretend like something was being done about scalping while it actually just let them make more money on the resale fees.
It's long been speculated that they clandestinely participate in the resale market. If the goal of a business is to maximize profit and they control the market and technology around it, they have everything they need to push prices to the absolute limit that a customer is willing to pay.
Based on what came out during the course of the trial, it would not surprise me at all if they are double-selling tickets.
It's wild that everyone seems to have forgotten that Ticketmaster acquired TradeDesk and actively marketed to scalpers [1] just a couple of years ago. Seems they shut down the platform last year, maybe the "ticket bank" [2] idea worked better... Pretty clear to me that they will use any chance to monetize their monopoly.
it's all an aesthetic experience, no? for the live entertainment business, it is aesthetically important to fans of Bruce Springsteen that his tickets have a number on them that appears on a website that feels good, and that number happens to be "price of ticket," even if hardly anyone is actually paying that number - they are usually paying more.
personally, i don't think any of this legal shit matters. the sherman antitrust act is 1 paragraph long, so it is flexible in terms of how you want this stuff to work, from a, "I would like the world to work as though it were governed by a priesthood" point of view. so it's reductive to talk about, what does the law say? very little of interest.
how should it work? live nation should be able to do whatever the hell it wants. it would make more money for everyone, at the cost of nothing. it would be good for the music industry to make more money. apple should not have lost the antitrust case over books either. nobody forces you to go to concerts! if you have a problem with ticket prices, make tiktoks complaining about it targeted at the artists. stop listening to their music. but IMO, the live performance cultural phenomenon, it doesn't benefit from this kind of regulation.
> It should also be said that they could do anything at all to prevent these professional scalpers from scooping up all the tickets at once
Oh they did something about it. The ticket brokers can't scoop up all the tickets because many of the best ones are now only released as "Platinum" tickets at 2-5 times the price.
The only "fair" ways are to have a lottery for non-transferrable tickets, or have something akin to a dutch auction so that the band/venue captures all of the value - meaning tickets would be astronomically priced.
The artists think it is fair that they are now getting some of that money that used to go to scalpers. Very few are opting out of the dynamic pricing and "Platinum" tickets that are driving prices up.
Or easiest is to require KYC for all the buyers (tie ticket to person instead of allowing bulk purchases) and limit ability to resale at scale. This would easily allow them to blacklist scalpers. It's not like they don't know who you are from the payment information, and tickets are often verified against driver licenses at entry.
Having produced, performed in, and engineered a number of shows and festivals, this is a terrible idea for a pricing strategy.
Consider portajohns for an outdoor festival- incentivizing folks to wait until the last possible minute makes it impossible to determine what the needs are there, so how do you plan for how many shitters you need to bring and maintain for, say, a 3-day festival?
Consider that "festivals discount early sales" might be a kind of Chesterton's Fence, and you might question why they do that...
Not everything sells out right away, though. I've bought concert tickets on the day of the show more than once. Somehow they still managed to have all the concessions staffed.
But regardless, the formula for decreasing the price could be adjusted. For example, it could be an exponential decay toward the reserve price, with the decay rate set so that most of the decline in price is early.
Or, for shows that are entirely general admission, like festivals, you could use the alternative form of dutch auction: when tickets go on sale, everyone bids what they're willing to pay for some number of tickets. Then the bidding closes (with ample time for planning), and the bids are cleared in descending order of price, and everyone pays the amount of the lowest clearing bid. This method would find a price closer to the true market price of a ticket and discourage speculators.
Our basic findings suggest that the auctions “worked”: price discovery substantially improved; artist revenues roughly doubled versus the fixed-price counterfactual; and, perhaps most importantly, the auctions eliminated or at least substantially reduced potential resale profits for speculators.... And yet, over the decade that has passed since the time of the data, rather than coming into more widespread use, primary-market auctions for event tickets instead disappeared.... We conclude by speculating as to why the auctions failed to take off. As discussed in the introduction....
They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market. Why would TicketMaster want to reduce the number of resales when it collects fees on them?
> They don't seem to mention the most obvious reason: the same companies profit from both the primary and secondary market.
That's not true. Ticketmaster has a monopoly (or near-monopoly) on the primary market. On the secondary market they have a fraction of the market; the dominant players are StubHub, SeatGeek, and Vivid. Furthermore, most of the revenue from primary ticket sales goes to the venue and the artist/promoter, and they are usually completely disintermediated from the resale market.
Here in Western Australia, resale prices are capped at face-value plus 10%. IIRC the reseller platforms can still charge a fee on top, but IMHO it seems to have had the desired effect on ticket sales.
Unless it's something really, really popular, you don't have to be waiting the morning they go on sale. In fact you can usually pick up tickets for events a few weeks after they go on sale, or even longer. If they run out, there's often a small amount of resale tickets available for a bit more cash but not multiples.
Having come from the UK where you'd damn well better be online in the first 30 seconds or you're out of luck, and reseller sites fill up with tickets at high multiples of face value within minutes, it's a breath of fresh air. (I understand the UK is introducing similar resale price-caps soon)
Of course it may partly be that Perth people just don't go out that much. Either way it's really nice.
Most Australian states have anti-scalping laws, but more importantly the main third party reseller site (Tixel) is cheap, safe, reliable and easy to use.
Ticketmaster AU have their own reselling marketplace, but it's also capped at 10%.
Scalping is a solved problem, if states want it to be
AFAIK Ticketmaster doesn't decide, they are a service provider with a variety of options for their customers (the performers).
The customer picks an option (no resale, limited or not resale price, etc...) and Ticketmaster does it, taking a commission in the process. Maybe the commission changes depending on the formula, but really, they don't care about the details, they are getting the money no matter what.
The problem is not the situation about resale and all that, I would say that part is the customer fault, not Ticketmaster, they are the ones who picked a formula. The problem is that by being in a monopoly position, they can charge high fees, making the tickets more expensive. And by more expensive, I mean something like 30% more expensive, not 300% more expensive.
I don't think Ticketmaster offers a dutch auction, but I guess that if you are big enough and if that's what you want and if you can pay, they can deliver.
> A perhaps bigger issue is the vertical integration (if that's the right term) of first-party ticket sales and resale in one company.
The monopoly findings were about vertical integration, but the resale issue wasn't. I think, if you do some research, you discover that the vertical integration issues they were concerned about are actually a bigger part of the problem.
> Ticketmaster has no real incentive to try to prevent resellers from buying up all the tickets on first sale, because it gets to charge fees on all the resales through its platform.
The incentives for to prevent abuse of the primary ticket sale is that the venues, who actually decide how tickets are sold, don't like it. If Ticketmaster doesn't make them happy, they go elsewhere and lose out on the primary market. Perhaps ironically, they are often less concerned about abuse if they still have control over the ticket resale as well, which they often do when the resale happens on Ticketmaster. In practice though, most of the resale doesn't happen on Ticketmaster; this gives both the venues and Ticketmaster plenty of incentive to combat abuse.
> I'd like to see tickets sold by dutch auction.
Pretty much everyone who first enters the ticketing industry thinks auctions are a better way to sell tickets until they learn how the industry works. Interestingly, Ticketmaster offers auction-based ticket sales. You wouldn't know this, because venues don't want to use it. You might think a dutch auction for tickets would be great, but people who experience the reality often don't. Dutch auctions work when you're selling a commodity where each item is effectively the same as the other. Often people value each seat for an event differently. Dutch auctions, by their very nature, require the a fixed time window for the auction, which makes them difficult to fit the outcome you're describing... that would more be handled by some form of yield management where venues release blocks of tickets for sale at specific time windows, which is something that already happens in the live event business.
There's all kinds of dark aspects to the live event business, but it's generally completely different from the perception of the general public.
Starting in the late '70s, and by the '90s it was entrenched with economists that could affect policy that vertical integration is good for consumers. In theory, this shouldn't matter, since there were laws against it, but in reality this created a large precedent of judicial decisions saying that there's no problem with vertical integration.
I disagree whole heartedly. The organizations should absolutely have the choice to price tickets to their events however much they choose. And they should have recourse for people who choose to ignore their wishes.
Its their product. Why would you want to take that choice away from them?
An example, I spent some time working for an organization who felt strongly that retirees living on a fixed income should always be able to afford tickets to their events. They would bring in big name musicians to perform and charge a fair price specifically so those people could afford it. Why would you want to take that choice away from that organization and force them to price out the elder community members they were trying to serve?
Its the organizations event, they should always have the choice to charge whatever they want.
This proposed economic model creates a dystopian situation: whoever has the most capital has the right of first refusal to consume art.
Current primary and secondary ticketing markets are not ideal, but this proposition disenfranchises whole market segments from consuming art as experience based on economic factors. That's bad for art, it's bad for artists, and it's bad for consumers.
I don't believe a court would ever mandate this, but I'd like to see tickets sold by dutch auction: All tickets start off for sale at some very high price, like $10000, and the price declines by some amount every day until it reaches a reserve price on the day of the concert. Buyers can purchase as many tickets as they want, but professional resellers would have to guess the price that would let them clear their inventory at a profit. Under a system like this the best seats would go earliest (at the highest prices) while the nosebleed seats might still be available on day of the show, or not depending on demand.