Bundesverband der Konzert- und Veranstaltungswirtschaft e.V.
Hamburg, 28 January 2019 – The provision of sales offers for concert tickets at a price of more than 25% above the normal price is anti-competitive. This applies to cases where thetickets are provided with a resale prohibition clause and a blank line for the name of the ticket purchaser to be filled in. The Hanover Regional Court ruled this in the judgment of 21 January 2019 (reference: 18 O 92/18) effected by the Federal Association of the Concert and Event Industry (BDKV) against the secondary market ticketing platform Ticketbande.
Attorney Dr. Johannes Ulbricht from the law firm Michow und Ulbricht, who led the proceedings for the event organizers’ association: “The verdict finally eliminates a crucialgrey area in ticket sales. It brings the organisers a great step further in the fight against the commercial secondary market ticketing trade.” The prohibition on resale takes effect regardless of whether the name is actually entered in the blank line or the name imprint is checked and enforced during admission.
The court rejected the remaining objections of the secondary market ticket platform against the effectiveness of the resale prohibition. According to Ulbricht, “It is also crucial that the secondary market ticket platform is fully liable in the event of a breach of the resale prohibition and cannot claim a fault on the seller’s part.”
The judgment is of particular importance since it is not merely an interim relief procedure but a main action. “The Senate has examined the antitrust arguments and the submissions of the other side extremely carefully and has delivered a very satisfactory verdict.”
The BDKV announces that it will continue to resolutely fight the overpriced resale of tickets.
For further information, please contact:
Bundesverband der Konzert- und Veranstaltungswirtschaft (BDKV) e.V.
PO Box 202364 • 20216 Hamburg
Tel. +49 40 – 460 50 28 • Fax +49 40 – 48 44 43
www.bdkv.de • firstname.lastname@example.org
The Federal Association of the Concert and Event Industry was founded on 1 January 2019 through the merger of the two associations bdv Bundesverband der Veranstaltungswirtschaft e.V. and the Verband der Deutsche Konzertdirektionen e.V. (VDKD). This professional association for the German live entertainment industry unites 500 agencies and tour and concert organisers. With sale of 113.5 million tickets, the events industry generates a total annual turnover of around €5 billion.