Unlock Ticketing Markets Act of 2023

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1326

   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unlock Ticketing Markets Act of 
2023''.

SEC. 2. PROHIBITION ON EXCLUSIVE VENUE TICKETING CONTRACTS WITH AN 
              EXCESSIVE DURATION.

    (a) Prohibition.--No primary ticketing service provider may enter 
into, or attempt to enter into, an exclusive venue ticketing contract 
if the contract is for an excessive duration, as determined by the 
Commission under subsection (b).
    (b) Rulemaking.--
            (1) In general.--For purposes of subsection (a), not later 
        than 180 days after the date of enactment of this Act, the 
        Commission shall promulgate rules in accordance with section 
        553 of title 5, United States Code, to define the period of 
        time that constitutes an excessive duration, with respect to an 
        exclusive venue ticketing contract, subject to the limitation 
        in paragraph (2).
            (2) Limitation.--The minimum period of time that 
        constitutes an excessive duration, with respect to an exclusive 
        venue ticketing contract, shall be more than 4 years.
    (c) Enforcement.--
            (1) Unfair method of competition.--A violation of 
        subsection (a) or a regulation promulgated thereunder shall be 
        treated as an unfair method of competition under section 
        5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 
        45(a)(1)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce 
                subsection (a) and any regulations promulgated 
                thereunder in the same manner, by the same means, and 
                with the same jurisdiction, powers, and duties as 
                though all applicable terms and provisions of the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this Act.
                    (B) Privileges and immunities.--Any person who 
                violates subsection (a) or a regulation promulgated 
                thereunder shall be subject to the penalties and 
                entitled to the privileges and immunities provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
                    (D) Rulemaking.--The Commission shall promulgate in 
                accordance with section 553 of title 5, United States 
                Code, such rules as may be necessary to carry out this 
                Act.
                    (E) Civil penalties.--Any primary ticketing service 
                provider that violates this Act shall pay to the United 
                States a civil penalty that--
                            (i) is sufficient to deter violations of 
                        this section; and
                            (ii) is not greater than the volume of 
                        commerce affected by the exclusive venue 
                        ticketing contract giving rise to the 
                        violation.
    (d) Antitrust Laws.--Nothing in this Act shall modify, impair, 
limit, or supersede the applicability of the antitrust laws, as defined 
in subsection (a) of the first section of the Clayton Act (15 U.S.C. 
12).
    (e) Effective Date.--The prohibition established in subsection (a) 
shall take effect on the date that is 90 days after the date on which 
the Commission promulgates rules under subsection (b).
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Exclusive venue ticketing contract.--The term 
        ``exclusive venue ticketing contract'' means any contract or 
        agreement under which a primary ticketing service provider is 
        granted the exclusive right to conduct the initial sale of 
        tickets to all, or substantially all, live concerts, theatrical 
        performances, sporting events, comedy shows, or other scheduled 
        performances held at a particular venue.
            (3) Primary ticketing service provider.--The term ``primary 
        ticketing service provider'' means any person that provides 
        services to conduct or facilitate the initial sale of tickets 
        to a live concert, theatrical performance, sporting event, 
        comedy show, or other scheduled performance by, or on behalf 
        of, the organizer of such event.
            (4) Venue.--The term ``venue'' means a physical space--
                    (A) at which live concerts, theatrical 
                performances, sporting events, comedy shows, or other 
                scheduled performances are held;
                    (B) with a defined performance area and a defined 
                audience area; and
                    (C) that has a maximum capacity in the defined 
                audience area of not fewer than 5,000 individuals.
                                 &lt;all&gt;
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