Company or individual details
- TEG Live Pty Limited150 055 100
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from TEG Live Pty Limited (TEG Live) in relation to the promotion of basketball games featuring the USA men’s national basketball team played in Melbourne and Sydney in August 2019 (the Games) that was likely to contravene sections 18, 29 and 34 of the ACL.
TEG Live is an Australian promoter of live content in music, sport, family entertainment and exhibitions that take place globally. It was the event promoter for the Games and Ticketek Pty Ltd (Ticketek), Ticketmaster Australasia Pty Ltd (Ticketmaster) and VIP Now, a division of TEG Live, sold tickets to the Games.
From 18 June 2018, TEG Live published advertising material featuring visual representations purporting to be Marvel Stadium, formerly known as Etihad Stadium, mocked up to feature a basketball court and tiered seating surrounding the court (the Tiered Seating Image). TEG Live admits that by publishing the Tiered Seating Image, it made a representation that the floor-level seats surrounding the court at the Melbourne Games would be tiered, when the seating was not tiered and TEG Live had no reasonable grounds for representing that the seating arrangements would be tiered.
Also, from 15 August 2018, TEG Live published advertising material featuring statements about, and images and videos of specific USA basketball players, including high profile players such as LeBron James, Kevin Durant, Paul George and James Harden (the Player Advertisements). TEG Live acknowledges the ACCC’s concern that by publishing the Player Advertisements, TEG Live made a representation that specific USA basketball players would play, or would be available to play, in the Games. In fact, those players did not play and the ACCC considers that TEG Live, in most cases, had no reasonable grounds for representing that those players would play or would be available to play.
To address the ACCC’s concerns, TEG Live provided the ACCC with a section 87B undertaking in which it undertakes to:
- refund the ticket price to all consumers who purchased floor-level seats for a Melbourne game on or after 18 June 2018;
- refund the ticket price to all consumers who purchased tickets to a Game on or after 15 August 2018 but did not attend that game and who requested a refund from TEG Live, Ticketmaster or Ticketek before the Game on the basis that one or more of the USA players featured in advertising would not be playing at it;
- include prominent disclosures in advertising regarding player participation and seating; and
- for three years, report to the ACCC annually on any advertising which referenced individual players who did not participate in the event.