As I stated in my written testimony, two concepts that create an imbalance within the ticketing
industry are: (1) supply and demand, and (2) pricing. First, for many of the highest-profile
events, the demand from consumers for tickets far exceeds the number of seats available to
purchase. Second, the performing artists often set the prices of these in demand tickets well
below true market value in order to build or maintain goodwill by allowing fans of all income
levels to access tickets.
This creates a lucrative opportunity for players in the ticketing ecosystem to take advantage of a
supply/demand imbalance that mixes with below market prices intended for real fans. This
“arbitrage” opportunity is not small. In 2019, we estimate the secondary concert market to
exceed $10 billion, almost all of which is paid by fans to the benefit of middle men and resale
marketplaces like Stubhub, Vivid Seats, and Ticket Network, not the Event Organizer, artist or
team who paid to produce the event. We believe the vast majority of concert resale activity on
these sites is sold by professional brokers, not individual fans.
This economic incentive results in significant investment in tools by bad actors to capitalize on
this arbitrage opportunity. The most egregious of these tools involves the use of bots, which
programmatically attack the primary market ticket systems with billions of real-time requests to
select and purchase tickets. For some of the highest demand events, this activity is akin to using
a computer to purchase millions of lottery tickets with different numbers while a consumer can
only buy a single ticket. Bots are also used to reserve and hold, not purchase, thousands of
tickets at a time, thereby creating artificial demand by shutting actual consumers out from buying
tickets at face value while driving up prices of comparable tickets on the secondary market.
Bots are able to (i) detect and reserve ticket inventory, often in a matter of seconds; (ii) control
multiple accounts to exploit published ticket limits; (iii) create accounts with false information to
hide the identity of a purchaser; and (iv) harvest data about pricing and consumer demand in
order to aid decision making that drives up the price on the secondary market.
Ticketmaster has made deep and substantial investments in fighting these tactics with a
combination of proprietary tools and technologies as well as implementation of leading third-
party tools such as Distil and IP-based blocking technology. We have also added an additional
layer of security by requiring all newly created accounts on Ticketmaster to employ Two-Factor
Authentication, which makes it more difficult to create single-use accounts in bulk.
The reality of the situation is that, in spite of the passage of the BOTS Act (of which
Ticketmaster was a staunch supporter), the number of bots Ticketmaster has blocked from our
site has continued to grow exponentially, tripling in the time since the BOTS Act was enacted.
According to a 2019 report by Distil, a leading bot-mitigation software provider, 40% of activity
on ticketing sites is computer automated, and up to 67% of bad bot traffic occurs in the United
States.
Even worse, Distil reports that bot attacks on primary market platforms like
Ticketmaster is almost double that of attacks on secondary market platforms, further illustrating
the challenge consumers have buying tickets in the first instance at the price set by the Event
See Daniel Sanchez, “Nearly 40% of Ticketing Traffic Comes from Bad Bots, Study Finds” (Digital Music News,
Feb. 28, 2019), available at https://www.digitalmusicnews.com/2019/02/28/bots-ticketing-traffic/.