The competition watchdog has published the outcome of its long-running investigation into whether Ticketmaster Ireland had abused its dominant position in the Irish market.

The probe eventually led to an agreement between the company and the Competition and Consumer Protection Commission (CCPC), under which Ticketmaster agreed to take a number of actions to address the regulator’s concerns.

The report details the commission’s worries that Ticketmaster Ireland’s long-term exclusive contracts with venues and live-event organisers may have restricted competition in the market.

The CCPC’s preliminary finding was that Ticketmaster had abused its dominant position by entering into such contracts, and that these agreements prevented, restricted and/or distorted competition.

Exclusivity clauses removed

Ticketmaster disputed the findings, but engaged with the watchdog, and eventually entered into a legally binding agreement, in which it committed to a number of actions.

These included the removal of exclusivity clauses from agreements with venues, and the limiting all of Ticketmaster Ireland’s agreements with event organisers and venues in Ireland to a maximum of five years.

Venues controlled by Live Nation Entertainment, Ticketmaster’s parent company, are excluded from the agreement.

The CCPC agreement with Ticketmaster Ireland was made an order of the High Court under section 14B of the Competition Act 2002 on 15 December last year, and the order came into effect on 29 January.

'Positive feedback'

“The actions agreed by Ticketmaster Ireland give more choice and flexibility to live-event organisers and venues, and allow for improved competition in the market which will, ultimately, benefit the consumer,” said CCPC member Brian McHugh.

“The CCPC is actively monitoring the impact of the changes on this sector where, although it is still early days, initial feedback is positive about the outcome of this investigation,” he added.

The report found that some of Ticketmaster’s agreements with organisers and venues included minimum ticket allocations of 80% or more, while some contained a clause expressly prohibiting Ticketmaster’s contractual partners from allocating tickets to competitors.

The CCPC probe found that, between January 2012 and December 2018, Ticketmaster Ireland’s market share exceeded 90%, whether measured by revenue or by gross ticket value.

“Ticketmaster Ireland’s management accounts indicated that Ticketmaster Ireland’s margins gradually increased throughout the Investigation period,” the report also said.