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ARTICLE · 20 FEBRUARY 2020

Drip Pricing: Stubhub Enters Into $1.3M Consent Agreement With Competition Bureau

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On February 7, 2020, StubHub Canada Ltd. and StubHub Inc. (collectively "StubHub") entered into a consent agreement with the Competition Bureau.

CanadaAntitrust/Competition Law

On February 7, 2020, StubHub Canada Ltd. and StubHub Inc. (collectively "StubHub") entered into a consent agreement with the Competition Bureau (the "Bureau") after the Bureau's investigation concluded that StubHub was advertising unattainable ticket prices on its websites, emails and mobile app to Canadian consumers. At issue were non-optional charges such as transactional fees, delivery fees and other additional fees that were added to the initial advertised ticket prices at the end of the checkout process. As a result, the final ticket price could be significantly higher than the original advertised price.

In the Bureau's view, disclosing the additional fees at the later stages of the transaction was not sufficient to prevent the initial price representations from being considered false and misleading in a material respect. Since 2015, StubHub had offered consumers the option of using a toggle feature; when turned on, the consumer would see the ticket prices with

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