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New York legalizes ticket scalping -- why not?

New York Governor Eliot Spitzer signed a bill last week eliminating state-imposed price restriction on reselling event tickets, effectively legalizing scalping. More and more states have been repealing anti-scalping laws in recent years, paving the way for companies like eBay Inc. (NASDAQ: EBAY) subsidiary StubHub to create a market for the resale of tickets.

As "deregulation" of scalping continues, StubHub and similar companies should prosper. It's hard to understand why it's taken so long for so many states to eliminate these antiquated laws. According to the Boston Globe, "The justification for anti-scalping laws has been the desire to prevent fans from paying exorbitant amounts for tickets."

But if someone wants to pay $5,000 for a ticket to see the Rolling Stones, why would the government interfere? Who exactly is being protected when the state tells a guy who wants to buy a ticket from someone who wants to sell it that he's not allowed to see the concert.

There's really no economics-based justification for anti-scalping laws. It appears to be a reaction to the unsavory perception of the business, but I can think of plenty of other unsavory industries that are perfectly legal. Now I'm going to go look at my cell phone bill and try to figure out why it's so high.

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Last updated: February 12, 2012: 09:33 AM

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