Online hacking, Agcom stanga Viagogo, Stubhub and Mywayticket

Online hacking, Agcom stanga Viagogo, Stubhub and Mywayticket

Agcom has sanctioned Viagogo, Stubhub and Mywayticket for over 5.5 million euros for having carried out online rubbish. What is read in the resolution of the authority

Agcom sanctions Viagogo, Stubhub and Mywayticket, the three main sites for reselling tickets for events and concerts. The companies were accused of online ticketing (secondary ticketing): they sold tickets for shows and concerts at a price higher than the nominal price, according to the authority chaired by Marcello Cardani.

All the details.


Let's start with the accusations. According to what verified by the Authority , Viagogo, Stubhub and Mywayticket have violated (repeatedly) the art. 1, paragraph 545, of the law 11 December 2016, n. 232, offering for sale on the websites; and, tickets for shows and concerts at a price higher than the nominal price, as reported to the authority by TicketOne.


The sale at higher prices, explains the Authority, “also has the effect of inflating ticket prices and of creating artificial scarcity of tickets to enter the shows to the detriment of users and the community of artists, event organizers and primary dealers ”.


Various events and concerts for which the three sites sold tickets at higher prices: concerts by Vasco Rossi, Ennio Morricone, Jovanotti, Eros Ramazzotti, Elton John, Jack Savoretti, Def Leppard, Elisa, Laura Pausini and Biagio Antonacci, The Journalists , and the shows of Maurizio Battista.


Viagogo, however, is said to be not a resale site but a mere virtual bulletin board, "where each advertiser has the opportunity to insert an advertisement and this data is treated in a totally automatic, merely technical and passive way, without sales and commercial exploitation purposes on a large scale ".


With regard to the Authority's request for clarifications, Stubhub stated that the Company, "not being in any way the holder of the tickets, has never made any sale of access tickets nor, even less, has allowed the sale tickets that have not already been the subject of an initial sale. Its role was limited to making available a platform for the sale by third parties of access tickets already the subject of an initial sale by natural persons on its platform, in full compliance with current legislation ".

The Company believes that there is no legislative provision that sanctions the sale at higher prices but that the only sanctionable conduct pursuant to art. 1, paragraph 545 is the sale without title, "except for the exception applicable only to the natural person who sells without title in a non-professional and occasional form at a price lower than the nominal price"


MywayTicket also supports the "non ascribability of MWT for ascribed conduct" , given the "nature of a mere intermediary carried out by MWT in the context of its activity as manager of the marketplace". The company adds that "the services provided by MWT did not end with the mere provision of the platform, but included additional ancillary services".


The replies did not convince the Authority, which deemed the actions of the three companies to be sanctioned, for a total of € 5,580,000. In particular, in Viagogo, Agcom, imposed a fine of 100,000 euros for each of the 37 disputed conducts, in Stubhub of 50,000 euros for each of the 35 disputed conducts, to MywayTicket of 5,000 euros (the minimum) for each of the 26 disputed conducts.

This is a machine translation from Italian language of a post published on Start Magazine at the URL on Thu, 18 Jun 2020 13:50:59 +0000.