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Court decision allows New Zealand Commerce Commission to continue Viagogo legal action

Court decision allows New Zealand Commerce Commission to continue Viagogo legal action
October 4, 2019

The New Zealand Commerce Commission has been granted permission to take controversial ticket resale site Viagogo back to the High Court.

In April, New Zealand’s competition regulator was given approval to appeal a Court decision from February that ruled against issuing an injunction against Viagogo. The High Court in Auckland ruled that the Switzerland-based ticketing site had not been formally served notice, meaning the injunction request was lost.

On Wednesday, the Court of Appeal, the principal intermediate appellate court of New Zealand, overturned the High Court’s earlier decision, leaving the Commerce Commission with the decision on whether to continue with legal action against Viagogo.

In the initial injunction request in February, the Commission argued that Viagogo stated it was an official seller but is actually a resale site. It also contended that it made misleading claims about the availability of tickets, and advertised incorrect pricing for tickets. The regulator did not want to stop Viagogo from reselling tickets to New Zealanders, but to alter its wording that it claims breached the Fair Trading Act.

The Court of Appeal decision said Viagogo has made some changes to its website to address the commission’s concerns, potentially bypassing the need for judicial intervention.

In a statement, the Commerce Commission advised “the Commission will need to consider changes made to Viagogo’s website before deciding whether to proceed with the application for an injunction,” the Commerce Commission said in a statement.

Related Articles

19th July 2019 - New Zealand Rugby cancels 700 ‘fraudulent’ All Blacks tickets after Ticketek intervention

17th July 2019 - Google suspends Viagogo from paid-for global search results

1st July 2019 - Viagogo claims desire to meet with New Zealand’s Commerce Commission

18th April 2019 - Federal Court finds Viagogo guilty of misleading consumers

20th March 2019 - UK MPs call for Viagogo boycott and changes to ticket scalping laws

12th March 2019 - Viagogo blamed as 200 refused entry to Dunedin concert

4th March 2019 - New Zealand Government to legislate on ticket scalping

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

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

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

1st December 2018 - UK court ruling set to see Viagogo having to reimburse fans

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

19th February 2019 - New Zealand High Court Judge rejects Commerce Commission injunction against Viagogo

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

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

22nd May 2017 - Inflated ticket resale prices impacting consumers’ discretionary entertainment spending


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