Latest News

Back to Latest News back

 

Commerce Commission describes Viagogo as a ‘marketplace for scalpers and fraudsters’ in Auckland High Court

Commerce Commission describes Viagogo as a ‘marketplace for scalpers and fraudsters’ in Auckland High Court
February 6, 2019

New Zealand’s Commerce Commission described ticket reseller of Viagogo of “extensive fraudulent behaviour” in the Auckland High Court yesterday.

Seeking an injunction to prohibit the Swiss-based reseller site from making misleading claims on its website, Lawyers representing the Commission described Viagogo as a "marketplace for scalpers and fraudsters" in their submission to Court today.

Commerce Commission lawyer Nicholas Flanagan said the company was misleading New Zealand consumers about ticket availability, final fees and consumer guarantees having received over 600 complaints about allegedly over-priced or invalid tickets.

Having not been expected to appear at the hearing, Viagogo was represented by MinterEllisonRuddWatts partner Aaron Lloyd on a "Pickwick basis" (with no written submissions prepared).

Lloyd told the Court that it was "easy for the Commission to put the boot into my client" with what he called "hyperbole" when Viagogo had in fact been a successful business for 10 years - and that it could not have been successful for that period if its service was based on misrepresentation.

He argued that Viagogo should be served in its home country of Switzerland.

Viagogo had no place of business in New Zealand, he said, and its website was based offshore.

The Commission has argued that serving in Switzerland would take at least six months.

Lloyd said his appearance did not mean Viagogo accepted local jurisdiction. He indicated a protest would be filed on that basis.

However, in the middle of proceedings, the two sides appeared to reach a possible agreement that could include changes to how the website was worded, as well as a more upfront approach to how fees were added.

Earlier in the day the Commission presented evidence of what it claimed were Viagogo's misrepresentations.

It included affidavits from New Zealanders who had purchased tickets off Viagogo only to find the tickets had been sold multiple times. Other customers who bought tickets off the site discovered they had been charged more than they had agreed to.

Evidence was also presented by Flanagan that scalpers were encouraged to target events such as the 2017 Lions rugby tour, with emails sent out to potential sellers alerting them to the on-sell potential of the matches.

Subsequent checks by New Zealand Rugby at stadium gates found hundreds of spectators with invalid or fraudulent tickets that had been purchased via Viagogo.

Tickets to All Blacks games came under the Major Events Management Act which makes it illegal to sell the tickets to national rugby games for higher than their face value.

Judge Patricia Courtney requested memoranda from both sides by the end of the week to address questions she had regarding the case. She did not give a time-frame for when her ruling would be made.

Viagogo made changes to its United KIngdom website following orders won by the UK’s Competition Markets Authority in November last year. However, this year the CMA has expressed "serious concerns" Viagogo is not following another part of the orders - to submit to an independent review of instances were its ticket guarantee was not followed through.

After the hearing, Viagogo sent the following statement to the New Zealand Herald, advising:

"All tickets on Viagogo are valid and it is perfectly legal to resell a ticket or give it to someone else if you want to. The tickets sold on Viagogo's platform are genuine tickets that have been sold on by the original ticket purchaser in good faith. Viagogo aims to provide buyers with the widest possible choice of tickets to events, and enables sellers to reach a global audience. Every ticket is backed with the Viagogo guarantee."

Editor's note: Received from Viagogo following our publication of the news item Commerce Commission interim injunction against Viagogo set for New Zealand High Court hearing.

Related Articles

5th February 2019 - Commerce Commission interim injunction against Viagogo set for New Zealand High Court hearing

8th December 2018 - Viagogo agrees to UK competition authority demands on ticket resales

12th September 2018 - Viagogo responds to calls for Google AdWords service to reject its resales

15th August 2018 - New Zealand Commerce Commission begins court action against Viagogo

8th August 2018 - New Zealand Rugby calls meeting to help fans tackle ticket resellers

5th June 2018 - FIFA makes criminal complaint against ticket reseller Viagogo

17th March 2018 - Commerce Commission issues warning over buying event tickets through Viagogo

3rd March 2018 - Lions tour helps deliver 2017 profit for New Zealand Rugby

8th February 2018 - Google to demand ticket resale site transparency

23rd November 2017 - Google updates AdWords policy to restrict online ticket scalpers

15th November 2017 - Hong Kong Rugby Sevens assures fans that tickets are safe to purchase through Viagogo

30th August 2017 - Consumer NZ calls for clampdown on ticket resellers

28th August 2017 - ACCC commences legal action against ticket reseller Viagogo

20th April 2017 - Consumer NZ investigates ticket resellers

23rd February 2017 - Ticket reseller Viagogo hit by multiple Spanish legal actions

13th January 2017 - Southlanders warned about overseas ticketing websites

24th September 2016 - Growing use of bots for hot sport and entertainment tickets reignite scalping debate

30th August 2016 - Baycourt warns against online ticket scalpers

28th June 2016 - New Zealand Rugby denies price gouging over Lions tour tickets


Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

Click here to subscribe.

 

supplier directory

The Complete Guide to Leisure Industry Products & Services.

See the directory see all

SICO SOUTH PACIFIC

SICO is at the forefront in innovative mobile folding and rolling, space efficient tables, stages, dance floors and many other products which help our customers optimise their use of space. Image…

read more

Entertainment / Events / Venues

 
 

GUNNEBO

Gunnebo is a global provider of security and access control solutions and services with sales companies in 31 countries in Europe, the Middle East, Africa, Asia, the Americas and Australia.…

read more

Attractions / Entertainment / Security / Ticketing / Venues

 
 

QUAYCLEAN

Quayclean are a national cleaning and waste services partner with proven results in the understanding and delivery of cleaning needs and challenges faced by facilities including; major venues and…

read more

Aquatics / Hospitality / Surfaces / Venues

 
 

Hydrocare Pool Services

Hydrocare Pool Services Pty Ltd offer 25 years of experience in aquatic industry features, products and water treatment. Hydrocare Pools has undertaken water treatment for aquatic centres and…

read more

Aquatics / Attractions / Play / Recreation / Technology

 
 

MYZONE

Myzone is the industry’s leading wearable technology solution. Myzone’s wearable products show and reward effort when you work out. It displays accurate real-time heart rate, calories, and…

read more

Fitness / Sport / Technology / Wellness

 
 

LINKS MODULAR SOLUTIONS

Links Modular Solutions are a leading provider of high-quality, innovative software solutions for leisure facilities. Our software suite includes modules such as POS, Classes, Members, Facility…

read more

Access / Billing / Finance / Fitness / Technology

 
 

IEDM

iEDM integrate Design, Engineering and Delivery Management services to convert existing spaces into exciting new entertainment venues. Our team consists of highly qualified professionals with diverse…

read more

Consultants / Design

 
 

Fitness On Demand

Fitness On Demand™ is a market-leading developer of virtual group fitness products. Our innovative video delivery systems offer robust content and a simple-to-use, comprehensive web app. Fitness…

read more

Fitness / Technology / Wellness

 
 
 
 

get listed with our suppliers directory

Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!

list your business