eBay Australia announced Monday it had won a court case involving ticket sales policies. According to news wire reports, tickets to the 2007 Big Day Out concerts included a provision that the tickets would be canceled and the holders refused entry if they were resold for profit. eBay said that condition was misleading and deceptive and confused consumers, and sued the promoters. The Australian Federal Court ruled in eBay's favor.

According to Monday's announcement on eBay Australia's board, "The Court has found that the condition in question conveys a false representation that all tickets resold for profit will be cancelled. By claiming the condition is enforceable, the Big Day Out promoter has engaged in misleading and deceptive conduct toward members of the public. Today's judgment raises concerns about the implementation of ticket terms and conditions, which will need close inspection by the industry. In particular, promoters need to improve primary distribution and get tickets into the hands of genuine fans, rather than attempting to shut the gate after the horse has bolted."

eBay said the ruling "provides much-needed clarity to consumers."

The Associated Press said the judge in the case also ordered the promoter to pay eBay's legal costs (http://www.iht.com/articles/ap/2006/12/18/asia/AS_GEN_Australia_Scalper_Victory.php).

In Australia, sellers must adhere to eBay's Event Ticket guidelines (http://pages.ebay.com.au/help/policies/event-tickets.html).

In the U.S., sellers must adhere to eBay's Event Ticket Resale Policy (http://pages.ebay.com/help/policies/event-tickets.html), including state- and province-specific restrictions.

http://www2.ebay.com/aw/au/200612181757292.html