[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1321 Introduced in Senate (IS)]
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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.
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.
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