II 118th CONGRESS 1st Session S. 1321 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. Short title This Act may be cited as the Unlock Ticketing Markets Act of 2023 . 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.