II 

118TH CONGRESS 

1ST SESSION S. 1321 

To prohibit exclusive venue ticketing contracts with an excessive duration, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2023 

Ms. KLOBUCHAR (for herself and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit exclusive venue ticketing contracts with an 

excessive duration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unlock Ticketing Mar5 kets Act of 2023’’. 

6 SEC. 2. PROHIBITION ON EXCLUSIVE VENUE TICKETING 

7 CONTRACTS WITH AN EXCESSIVE DURATION. 

8 (a) PROHIBITION.—No primary ticketing service pro9 vider may enter into, or attempt to enter into, an exclusive 

10 venue ticketing contract if the contract is for an excessive 


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•S 1321 IS

1 duration, as determined by the Commission under sub2 section (b). 

3 (b) RULEMAKING.— 

4 (1) IN GENERAL.—For purposes of subsection 

5 (a), not later than 180 days after the date of enact6 ment of this Act, the Commission shall promulgate 

7 rules in accordance with section 553 of title 5, 

8 United States Code, to define the period of time that 

9 constitutes an excessive duration, with respect to an 

10 exclusive venue ticketing contract, subject to the lim11 itation in paragraph (2). 

12 (2) LIMITATION.—The minimum period of time 

13 that constitutes an excessive duration, with respect 

14 to an exclusive venue ticketing contract, shall be 

15 more than 4 years. 

16 (c) ENFORCEMENT.— 

17 (1) UNFAIR METHOD OF COMPETITION.—A vio18 lation of subsection (a) or a regulation promulgated 

19 thereunder shall be treated as an unfair method of 

20 competition under section 5(a)(1) of the Federal 

21 Trade Commission Act (15 U.S.C. 45(a)(1)). 

22 (2) POWERS OF THE COMMISSION.— 

23 (A) IN GENERAL.—The Commission shall 

24 enforce subsection (a) and any regulations pro25 mulgated thereunder in the same manner, by 


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1 the same means, and with the same jurisdic2 tion, powers, and duties as though all applicable 

3 terms and provisions of the Federal Trade 

4 Commission Act (15 U.S.C. 41 et seq.) were in5 corporated into and made a part of this Act. 

6 (B) PRIVILEGES AND IMMUNITIES.—Any 

7 person who violates subsection (a) or a regula8 tion promulgated thereunder shall be subject to 

9 the penalties and entitled to the privileges and 

10 immunities provided in the Federal Trade Com11 mission Act (15 U.S.C. 41 et seq.). 

12 (C) AUTHORITY PRESERVED.—Nothing in 

13 this Act shall be construed to limit the author14 ity of the Commission under any other provi15 sion of law. 

16 (D) RULEMAKING.—The Commission shall 

17 promulgate in accordance with section 553 of 

18 title 5, United States Code, such rules as may 

19 be necessary to carry out this Act. 

20 (E) CIVIL PENALTIES.—Any primary 

21 ticketing service provider that violates this Act 

22 shall pay to the United States a civil penalty 

23 that— 

24 (i) is sufficient to deter violations of 

25 this section; and 


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1 (ii) is not greater than the volume of 

2 commerce affected by the exclusive venue 

3 ticketing contract giving rise to the viola4 tion. 

5 (d) ANTITRUST LAWS.—Nothing in this Act shall 

6 modify, impair, limit, or supersede the applicability of the 

7 antitrust laws, as defined in subsection (a) of the first sec8 tion of the Clayton Act (15 U.S.C. 12). 

9 (e) EFFECTIVE DATE.—The prohibition established 

10 in subsection (a) shall take effect on the date that is 90 

11 days after the date on which the Commission promulgates 

12 rules under subsection (b). 

13 (f) DEFINITIONS.—In this section: 

14 (1) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Trade Commission. 

16 (2) EXCLUSIVE VENUE TICKETING CON17 TRACT.—The term ‘‘exclusive venue ticketing con18 tract’’ means any contract or agreement under 

19 which a primary ticketing service provider is granted 

20 the exclusive right to conduct the initial sale of tick21 ets to all, or substantially all, live concerts, theat22 rical performances, sporting events, comedy shows, 

23 or other scheduled performances held at a particular 

24 venue. 


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1 (3) PRIMARY TICKETING SERVICE PROVIDER.— 

2 The term ‘‘primary ticketing service provider’’ 

3 means any person that provides services to conduct 

4 or facilitate the initial sale of tickets to a live con5 cert, theatrical performance, sporting event, comedy 

6 show, or other scheduled performance by, or on be7 half of, the organizer of such event. 

8 (4) VENUE.—The term ‘‘venue’’ means a phys9 ical space— 

10 (A) at which live concerts, theatrical per11 formances, sporting events, comedy shows, or 

12 other scheduled performances are held; 

13 (B) with a defined performance area and a 

14 defined audience area; and 

15 (C) that has a maximum capacity in the 

16 defined audience area of not fewer than 5,000 

17 individuals. 

Æ 


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