Australasian Leisure Management
Mar 5, 2020

Viagogo pledges to submit to New Zealand law ahead of Commerce Commission action

The Commerce Commission has dropped injunction proceedings against online ticket reseller Viagogo after the Switzerland-based company made changes to its site and advised that it had submitted to the jurisdiction of New Zealand courts.

Mary-Anne Borrowdale, the Commission's General Counsel, Consumer and Competition, advised today that "the changes Viagogo has made to its website have largely addressed the interim injunction application filed by the Commission alleging that Viagogo was misrepresenting the price and availability of tickets, and the “guarantees” attached to tickets.

Borrowdale noted “importantly, Viagogo has given undertakings to the Court that it will not undo those changes or make new, similar representations.

"We consider that these changes and undertakings achieve what we sought in our interim injunction application and mean we can avoid the time and cost of another hearing and advance our preparations towards the full case hearing."

Viagogo had planned to protest against the jurisdiction of the New Zealand courts in relation to the proceedings being taken against it, but it has now seemingly withdrawn that protest.

Borrowdale went on to say “we think a company that sells New Zealand event tickets to New Zealand consumers should fall under New Zealand law, and we are pleased that Viagogo now accepts that too.”

However, with Viagogo the subject of numerous past consumer complaints, a full case hearing into the online reseller's practices is still moving forward.

Borrowdale added "Viagogo’s changes and undertakings do not mean that our substantive case has been resolved.

"The main case continues and we will continue to move towards a full hearing on the matters we first raised in August 2018.

"We still urge ticket buyers to purchase from official ticket websites. Avoid clicking on the first internet search result you see for an event.

"Scroll down the page and find the official ticket outlet or, if you aren’t sure, visit the artist’s or organiser’s website to find out who is the official ticket seller."

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