PPI Report Flags Risks of State Resale Price Caps Amid Live Nation-Ticketmaster Antitrust Fight

A new report from the Progressive Policy Institute (PPI) warns that state efforts to regulate the ticket resale market could undermine competition, harm fans, and interfere with ongoing federal antitrust enforcement against Live Nation-Ticketmaster.

In the newly-released report, “State Regulation of the Resale Ticket Market: Risks to Competition, Fans, and Antitrust Enforcement,” President and Director of Competition Policy at the PPI Diana Moss argues that the core dysfunction in ticketing stems from Live Nation-Ticketmaster’s dominance of the live events supply chain — not from resale marketplaces. The report comes as the U.S. live music market is projected to approach $20 billion in 2026, with ticket sales accounting for roughly 75% of revenues.

According to PPI, Live Nation controls approximately 75% of the concert promotion and exclusive venue contract markets, while Ticketmaster maintains an estimated 80% share of primary ticketing. The U.S. Department of Justice, joined by 40 states and the District of Columbia, filed a major antitrust lawsuit in 2024 alleging monopolization. If successful, the case could result in structural remedies, including a potential breakup of the company.

| READ: Live Nation Pushes DOJ for Antitrust Case Settlement as Core Monopoly Claims Head to Trial |

The report contends that antitrust enforcement — not resale price caps — is the most effective tool to restore competition in primary ticketing and reduce fees. Moss argues that state proposals to cap resale ticket prices and fees go beyond traditional consumer protection and risk destabilizing the only competitive segment of the ticketing ecosystem.

PPI maintains that the secondary market plays a critical role in balancing supply and demand, particularly given practices in the primary market such as ticket underpricing and holdbacks that restrict public inventory. Resale platforms, the report states, provide price discovery, consumer choice and a mechanism for fans to recoup costs when plans change.

The report also outlines concerns that resale price controls could create artificial shortages, reduce incentives for marketplace investment, push transactions into unregulated or fraudulent channels, and create a patchwork of inconsistent state laws. Additionally, PPI warns that state-imposed price regulation could complicate antitrust litigation by distorting price signals and potentially triggering legal doctrines that limit private or federal enforcement.

At the same time, the report supports a number of federal and state legislative proposals focused on consumer protection, including all-in pricing requirements, bot prevention measures, refund protections and safeguards for ticket transferability. These policies, PPI argues, enhance transparency and comparison shopping without interfering with market-based pricing.

The report concludes with four primary recommendations: pursue structural antitrust remedies against Live Nation-Ticketmaster; preserve a viable resale market; advance consumer protection measures that increase transparency and competition; and avoid state-level price caps that could undermine both resale competition and federal antitrust efforts.

As lawmakers continue to debate ticketing reform across more than 20 states, PPI’s analysis frames the policy crossroads facing regulators: whether to prioritize structural antitrust enforcement and consumer transparency — or introduce resale price controls that could reshape the live event marketplace in unintended ways.