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Following an article published by RMC regarding dynamic pricing practices, PCS Avocat was asked to provide legal insight into consumer rights concerning the price surcharges observed during the purchase of Céline Dion concert tickets.
Read the article on RMC: “Concert tickets, trains… In the event of a surcharge due to dynamic pricing, can you demand a refund?”, published on April 22, 2026.
Dynamic Pricing: Adapting Supply and Demand in Real Time
Dynamic pricing refers to mechanisms for selling goods and services that involve real-time variations in the proposed price based on specific criteria: supply and demand, the time period involved, geographic zones, etc.
The increasing complexity of algorithms and observed practices has raised growing questions regarding the actual mechanisms of dynamic pricing and the fair protection of consumers.
Dynamic Pricing: From SNCF to Oasis & Céline Dion
Initial and Derived Sectors. Long restricted to the aviation, energy, and hospitality sectors, the use of dynamic pricing has progressively expanded to many other fields: show and concert ticketing, rail transport (SNCF), streaming platforms, online retail, and even fast food.
Issues in Concert Venues. Recent years have seen numerous examples of concert ticket sales sparking criticism or complaints related to observed dynamic pricing practices:
- Bruce Springsteen (2022–2023, then the “Land of Hope and Dreams Tour – 2026”) where fans faced dynamic pricing via Ticketmaster, with some tickets selling for several thousand dollars.
- Taylor Swift / Eras Tour (2022–2024), leading the U.S. Senate to subpoena Ticketmaster and Live Nation to obtain documents on their pricing practices, fees, and resale methods.
- Oasis: More recently, the group’s announcement of a new tour in August 2024 drove millions of fans to the Ticketmaster website. The algorithm of the overwhelmed platform reportedly caused ticket prices to triple.
Abusive Dynamic Pricing Practices – Reaction of Authorities
Various state authorities are increasingly investigating the legality of concert ticket purchase conditions.
In May 2024, the Department of Justice launched an antitrust action against Live Nation-Ticketmaster, seeking to dissolve the merger.
- Oasis Authority: Regarding the Oasis concerts, the British Competition and Markets Authority (CMA) opened an investigation against Ticketmaster, potentially followed by the European Commission, which is also reportedly preparing an inquiry.
- In the wake of this, the British government launched a “call for evidence” in January 2025 regarding pricing practices in the live performance sector, aimed at understanding how ticketing works and its impact on consumers.
- Céline Dion Authorities: Following numerous reports from dissatisfied or significantly financially impacted fans, the DGCCRF opened an investigation on April 10, 2026, to monitor the existence of misleading or unfair commercial practices.
It is in this context that RMC approached PCS Avocat to analyze the rights available to consumers faced with an unexpected surcharge or a price variation deemed abusive between the time of browsing and the time of payment.
Dynamic Pricing: Legal yet Frustrating Practices
These practices involving price modulation are, in principle, legal under French and European law. However, certain practices can lead to abuse and constitute civil or criminal offenses.
The Consumer Code and the European Directive on Consumer Rights regulate practices likely to mislead the consumer regarding the effectively applicable price. Consumer law imposes a clear pre-contractual information obligation on professionals, particularly regarding the final displayed price, under penalty of sanctions.
A price variation between the start of browsing and the moment of payment, or the practice of artificially displaying limited stock to induce a purchase, can be classified as misleading commercial practices under Articles L. 121-1 et seq. of the Consumer Code.
Pricing dark patterns—a concept the firm analyzed in its guide dedicated to abusive practices in the digital sector—represent a rapidly developing area of legal investigation in this regard.
Illicit Dynamic Pricing: Available Recourses for Consumers
Depending on the situation, several paths are open to aggrieved consumers: a request for a refund based on the right of withdrawal within legal timeframes, a report to the DGCCRF (Directorate General for Competition, Consumer Affairs and Fraud Control), or the use of consumer mediation before any legal proceedings.
In the most serious cases, legal action for unfair commercial practices remains an option.
Find all our publications and interventions related to this topic:
- Guide – Video games, dark patterns & dynamic pricing
- Digital consumer law – PCS Avocat publications
- Our expertise in new technology law
PCS Avocat regularly appears in the media to provide legal insight into issues related to digital law, data protection, and new technologies. Find all our interventions here.
