FRC

Article : Grey market

Viagogo: six years of fighting, a clearer website and 807 consumers compensated

Billetterie: le piège du marché gris

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20.2.2024, LJ

The FRC has reached an agreement with the dominant player in the grey market for events. The agreement comes at a time when consumer complaints are declining. It also includes a compensation package of 100’000 Swiss Francs for the 807 people who gave evidence to our association.



Although the FRC has withdrawn its lawsuit, it is continuing to take action against unofficial retailers in a problematic market that neither the courts nor Google are prohibiting.

«In our view, this agreement was the best option faced to a procedure that was getting bogged down and would certainly have taken many more years before a final decision was reached», stresses Jean Tschopp, head of the FRC’s legal department. Our association preferred concrete improvements for Internet users in the form of changes brought to Viagogo’s Swiss website (viagogo.ch) instead of waiting several more years for a final decision. «What’s more, pursuing the legal route wouldn’t have guaranteed a favorable outcome for aggrieved consumers. Even if the courts had found against Viagogo, the victims wouldn’t necessarily have received compensation. In this case, the 807 people concerned will be», he continues. This unexpected outcome is rare enough to warrant mention.

In practical terms, the changes made to Viagogo’s Swiss website (viagogo.ch) draw consumers attention in all three national languages and english to the company’s status as a reseller, so that they don’t get the impression that they are visiting an official sales site. Visitors’ right to information is strengthened by the fact that Viagogo’s status as an intermediary is transparently displayed. Prices are also listed in a complete and continuous manner, as is the placement of tickets. Lastly, pop-up windows are reduced and the pressure on web users to complete their order with a sense of urgency is greatly moderated. Professional resellers – or traders – are clearly identified. In return for these changes brought to the site and compensation, the FRC is withdrawing its lawsuit. Should Viagogo fail to meet its commitments, the FRC would be free to take the case to Court again.

All the changes demanded in this legal agreement were part of the techniques commonly used by ticket resale sites in the events sector. The Ticket Check awareness campaign launched by the FRC and its partners in 2018 has also borne fruit. Over time, the number of complaints has fallen sharply.

But the battle against the pitfalls of the grey market and the resale of problematic tickets does not stop there. As long as search engines like Google allow resale sites to pay to appear at the top of web searches using Google Ads (or Ad Words), which give them the appearance of officiousness, web users will be duped. In 2019, Google temporarily removed Viagogo ads at the request of the FRC and other stakeholders. As a result, the site’s traffic plummeted… Then the web giant backed down. «Because of its dominant position, Google must also assume its responsibilities as a platform; these processes contribute to the success of sites that mislead people. In our view, it wouldn’t be complicated for the company to set stricter rules to protect its users. They’ve done it once, so why not do it permanently?» emphasises Jean Tschopp.

Two to four times more

The price of a ticket for a show or match can be considerably more expensive on a reseller’s platform than on an official ticket office.

As long as the playing field is not level, the FRC will continue its preventive action alongside its partners in the events sector – professionals from the cultural and sporting worlds, official ticketing partners – involved in the Ticket Check campaign against grey market players. It is also continuing to liaise with its partners abroad, the consumer protection associations that are members of BEUC, some of which have drawn heavily on this campaign to adapt it to their own domestic markets. The immediate next step is to compensate the 807 consumers who have lodged complaints against Viagogo up to 5 February, 2024.

What about class action?

In Switzerland, the legal avenues available to consumer associations are currently limited to civil action to put a stop to an infringement, without the possibility of compensation. Or criminal proceedings, in particular for breaches of the Unfair Competition Act (Federal UCA ). These procedures don’t make it possible to allow compensation to the aggrieved parties collectively. Forced to take action individually, most aggrieved parties decide not to do so because of the difficulties of the procedures and the high costs involved in relation to the damage suffered. Class action would enable an association such as the FRC or an SME to take civil action in the event of mass tort in order to obtain compensation for all the aggrieved parties. «Class action is essential to offset the imbalance between consumers and SMEs on the one hand, and multinationals on the other, argues Sophie Michaud Gigon, Secretary-general of the FRC. Our association will be closely monitoring Parliament’s decision on this bill at the beginning of the year. In addition to the Viagogo case, a number of other recent events, including the Conforama trial, which is still pending, show that Switzerland needs stronger legislation.»

How can I get compensation?

The 807 consumers who submitted a complaint against Viagogo by 5 February 2024 will be contacted spontaneously by the FRC to complete their contact details in order to receive their compensation. If this applies to you, you will be contacted automatically. If you are in this situation and have not been contacted by the FRC by 30 March 2024, you can fill out the following form.

What would change with class action?

At the moment, in Switzerland, the legal avenues available to consumer associations are limited to civil action to put a stop to an infringement, but without the possibility of compensation. Or they can file a criminal complaint, in particular for breaches of the Unfair Competition Act (Federal UCA). These procedures don’t allow direct compensation to the aggrieved parties. They only result in a criminal conviction of those responsible and, in the alternative, of the company in question. Class action would enable a consumer protection association or an SME to take civil action in the event of mass tort in order to obtain compensation for the aggrieved parties.

What other limitations does Swiss law have on consumer protection?

Unlike French law in particular, Swiss law doesn’t give an official seller the exclusive right to sell its tickets. Nor does Swiss law prohibit the resale of tickets by platforms or players who raise the official price (face value) of tickets in order to make a profit in the process.

How can you spot an online grey market reseller?

When searching on the Internet, it’s important that the user doesn’t stop at the first results. Often, they are accompanied by the words «Advertisement». This means that the company concerned has paid to appear at the top of the search results. Once on the site, remember to read the URL link (the address of the site) and find out about the company behind the site. Don’t hesitate to conduct a search on zefix.ch or in the Trade Register online (Swiss brand) and/or online (foreign brand) to distinguish an official seller or player from an intermediary.

What is the Ticket Check campaign?

Ticket Check is an awareness-raising campaign launched by the FRC in 2018 to combat the pitfalls of the grey market and the resale of tickets at inflated prices. The campaign is being run with the support of professionals from the cultural and sports sectors and official partner ticket offices. It has been taken up abroad and has inspired several other national consumer protection associations in France, Belgium, Spain, Poland, etc.

How has the number of complaints against Viagogo changed?

In 2018, the FRC received 232 complaints from Internet users against Viagogo. The following year, in 2019, this number was still above 200 complaints. The years 2020 and 2021 are not representative, given the many cancellations linked to the Covid pandemic. Thereafter, the number of complaints fell sharply to 52 in 2022 and 26 in 2023 (almost 9 times less than in 2018). This reduction underlines the effectiveness of the Ticket Check campaign. It also shows that consumers are now paying closer attention.

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  • cesser le marketing agressif sur les fraises, mais également sur d’autres denrées hors saison, que ce soit en rayon ou dans les différentes publications destinées à vos clients (catalogues, magazines, journaux, newsletter, etc.) ;
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