Governor should strip anticompetitive ticketing provision from economic development bill
It’s a giveaway to Ticketmaster that will punish her constituents
Originally published on Commonwealth Beacon
Massachusetts is finally close to getting the state’s economic development bill over the finish line. The package of legislation includes many important provisions to pave the way for a new soccer stadium, support live theater and more. But also included in the bill is legislation that would empower the Ticketmaster monopoly and make it harder for fans to find cheap tickets - like the $2 Drive By Truckers tickets, which were offered by ticketholders on various ticket resale marketplaces just a couple of weeks ago. Governor Healey should send an amended version of the bill back to the legislature to protect fans from the Ticketmaster monopoly and so that consumers can continue to freely shop around for tickets versus having a single source.
In case you missed it, Ticketmaster is being sued by the Department of Justice (DOJ) and Attorney General Andrea Campbell for its monopolistic and anti-competitive practices. Now is not the time for the state to hand the ticketing giant more power and potentially undermine the suit.
While the new package – on its way to the Governor’s desk – fixed some of the problems that Executive Director Brian Hess outlined in an op-ed this summer, there was new language quietly added that would codify Ticketmaster’s market domination.
The proposal says ticket sellers “shall not restrict the transferability of a ticket sold unless the terms and conditions of the restrictions on transferability are clearly and conspicuously provided to the consumer.” Sounds good, right? Consumers absolutely should have terms and conditions made available to them clearly.
The catch? Ticketmaster already does this – but now, with this legislation, they can enforce it by state law.
That means as long as you agree to their terms, they have the right to block you from selling your ticket if you decide to give it to a friend, donate it to a school auction, or sell it if your plans change. Making matters worse, Ticketmaster can further retaliate against you by invalidating or canceling your tickets if you attempt to transfer your ticket to another fan through one of its competitor marketplaces like StubHub, VividSeats or SeatGeek instead of through Ticketmaster’s proprietary resale platform. With this new law, even though you purchased a ticket, it wouldn’t be yours to do with as you please. And yes, because Ticketmaster tickets are digital and live within the company’s app, even after you purchase your tickets the company can invalidate or cancel them.
Lawmakers should protect fans’ rights to do what they want with their own tickets instead of rewarding monopolistic behavior.
Ticket transferability is about more than just convenience; it empowers fans to comparison shop across different marketplaces where current ticket holders can resell at prices either above or below the original cost. According to a report by the Sports Fans Coalition (SFC), fans saved a collective $351 million between 2017 and 2024 by buying tickets on secondary markets. In Massachusetts alone, fans saved over $21 million during this period. Those who bought tickets below face value saved an average of $30 per ticket—enough to cover the cost of a drink and a hot dog.
Bruins fans saved $5.9 million
Celtics fans saved $6.5 million
Red Sox fans saved $7.4 million
Patriot fans saved $1.1 million
Moreover, SFC’s report found that fans in states that protect the right to transfer a ticket by law saved almost twice as much as those in states that do not.
The new economic development package would further empower Ticketmaster’s current anti-competitive agenda – they’re restricting transfer in states where they can raise costs on consumers and further entrench their monopoly.
In the DOJ and the Commonwealth of Massachusetts’ case against Live Nation-Ticketmaster, they illustrate how Ticketmaster leverages anticompetitive products like SafeTix, which “protects [LNE’s] position in primary ticketing, expands its position in secondary ticketing and undercuts the ability of rival ticketers to compete in either aspect of ticketing.”
SafeTix harms competition, resulting in fewer options for consumers and higher prices –validating AG Campbell’s concerns. Why would lawmakers undermine their Attorney General by passing such legislation? It will weaken the AG’s case while bolstering Live Nation/Ticketmaster’s defense.
No other state in the country codifies Ticketmaster’s business model quite like this proposal would. When Governor Healy receives this bill, she should amend the bill to remove these provisions to fix this proposal and grant her voters the right to transferability, and the right to savings.
