“Black markets” or “gray markets” may arise in line with basic market rules, wherever a high demand for scarce goods can not be satisfied by way of official means and where commercial resale promises lucrative profits. Fraud, speculative transactions of commercial resellers and offers on unofficial secondary market platforms, which demand extreme mark-ups and occasionally confusing additional fees, significantly disrupt fair competition within the official ticket market. The consequences are objectively unjustifiable and socially unsustainable high prices, as well as the loss of any market control mechanisms.

In the case of tickets for highly popular events such as soccer games or concerts, which also always carry special meaning for their fans, this leads to negative effects for visitors and organizers (unjustifiably high prices charged by middle men, security aspects). Despite the obvious dangers for consumers, legal bans on the gray ticket market are currently not anticipated. However, the tax authorities are likely to take an interest in the significant profits of commercial ticket dealers.

Faced with increasing demands by fans and members, artists and organizers, such as sports clubs, have started taking more civil law measures against the black market of tickets at inflated prices.

The aim is to restrict the commercial resale of tickets, which is an action that is commonly prohibited by the General Ticket Terms and Conditions (ATGB), to protect fans from “usury” and to allow all fans a fair chance to attend home matches or special events with the greatest possible security guarantee.

The necessary abillity to transfer tickets to official secondary market platforms, without significant mark-ups, should not be affected; appropriate official secondary markets with fair price caps are actively supported by many organizers.

SCHÜTZ Rechtsanwälte  would be pleased to advise you in relation to taking action against the black market of tickets and would actively support you with implementing the necessary measures.

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