Consequential legislation in Sacramento rarely dies a cinematic death.
Bay Area Assemblyman Matt Haney's AB 1720, the California Fans First Act died last week in the Senate Appropriations Committee — not with a floor vote, but with a quiet hold on the suspense file, the place bills go in Sacramento to be killed without anyone having to cast a ballot against them.
It’s a death without fingerprints or much introspection; the cause of its death pushed aside by news of its recent hallowing out: months of amendments had narrowed the antiscalping bill from a blanket ban on reselling concert tickets above face value to a much softer rule covering only venues of 3,000 seats or fewer. Even that watered-down bill was, by all appearances, too much for StubHub to live with.
The company's fingerprints are all over the corpse. So are State Attorney General Rob Bonta’s. State lobbying filings show StubHub spent $3.4 million fighting AB 1720 in California this year, including $2.6 million in the second quarter alone — a number that reportedly made it the second-biggest corporate lobbying spender in the state for the quarter, trailing only Pacific Gas & Electric and outspending the likes of Chevron, AT&T, and OpenAI. Ticketmaster, for comparison, spent about $91,000 supporting the bill. SeatGeek spent roughly $40,000; Vivid Seats reported $500. This was not a fair fight, and StubHub didn't intend it to be one.
That the bill would have hurt StubHub badly is not really in dispute. Even narrowed to smaller venues, AB 1720 would have capped resale markups at 10 percent over face value in a segment of the business that generates real margin for the company. And StubHub has been trying — with real success, judging by the outcome — to make this Ticketmaster's problem instead of its own. The company's argument to anyone who'd listen, including reportedly to Rob Bonta's office, ran roughly like this: StubHub and SeatGeek are among the only credible competitors Ticketmaster has left, thanks to SeatGeek's NBA and NFL primary-ticketing contracts. AEG’s ticketing arm AXS just services its own events and German ticketing giant Eventim can’t manage to break out of Europe. If California and other states pass similar resale caps, the argument goes, they'll run StubHub and SeatGeek out of business, effectively wiping out some of Ticketmaster's most credible competitors. Bonta and other state AGs, this argument continues, will need help from these ticketing companies if they're serious about breaking up Ticketmaster — and should hold off on legislation that guts their bottom line and makes it impossible to profit in the state.
It is a genuinely uncomfortable position for Bonta to be in, and it's worth sitting with why. Bonta and the other state AGs are deep into the remedies phase of the federal antitrust case against Live Nation and Ticketmaster — the one where a Manhattan jury found liability on every count back in April, and where the fight now is over what a breakup actually looks like. Ticketmaster publicly supported AB 1720, presumably because high-profile resale markups have become genuinely toxic with the public and because the company profits far more from primary sales than resale anyway. But StubHub's lobbyists spent the spring and summer trying to convince Sacramento — and reportedly Bonta specifically — that killing off StubHub's margins now, mid-antitrust-case, would remove one of the only companies capable of absorbing Ticketmaster's market share if a court-ordered divestiture actually happens.
Granted, Stubhub’s argument doesn't hold up especially well on the merits. But it evidently worked on the politics, and more importanly, StubHub outspent everybody who mattered by an enormous margin, at exactly the moment a fiscal analysis questioning the bill's enforcement costs gave the Senate Appropriations Committee the cover it needed to shelve it without a vote. Sources say it was Bonta who raised the cost issue for AB1720 – that his office signaled to key staff at the Senate Appropriation committee that Haney was way off on his estimate on what it would cost the state AGs office to enforce AB 1720; one source says Bonta told regulators that Haney missed the mark by about $1.4 million. Whether or not Bonta misrepresented the funding is the kind of detail left to speculation when these high profile bills secretly die. Either way, AB 1720 disappeared onto the suspense file, and with it, momentum for the roughly half-dozen similar resale-cap bills pending in other states.
Here's the thing, though: I don't think Bonta did StubHub any real favors. He kicked a fight down the road that he might have struggled to win outright in court anyway — a resale cap this aggressive was always going to face a serious pre-emption and First Amendment gauntlet if Haney had to defend it on appeal, and it's not obvious AB 1720 would have survived that gauntlet even with a clean floor vote. More importantly, letting the bill die preserves Bonta's ability to keep StubHub, SeatGeek, and the rest of Ticketmaster's nominal competitors as potential parties on his side of the ledger as the Live Nation remedies fight plays out — divestiture only works if there's somewhere for divested assets to go, and AEG, CTS Eventim, and yes, StubHub and SeatGeek, are the shortlist. Picking a legislative fight with StubHub over resale caps this summer would have been an odd time to also need StubHub's cooperation, or at least its non-opposition, on the much bigger prize.
What this doesn't do is get StubHub out of the deeper hole it's sitting in. The company heads into the fall having survived AB 1720, sure, but it's doing so against a backdrop of genuine financial and legal strain: a depressed stock price, the Sanquini class action working its way through the courts, unresolved questions about CEO Eric Baker's Andro Capital and its undisclosed ticket-buying relationships with MLB clubs, and a self-inflicted reputational mess from this summer's World Cup ticketing failures that regulators — including Bonta's own office — have shown some appetite for scrutinizing. Killing a bill in committee is a lot cheaper and a lot less permanent than winning a lawsuit, and StubHub is going to need more than a suspense-file hold to get out from under the rest of it.
The smarter play for Bonta, and it looks like the one he's actually making, is to let StubHub keep operating and go after it the old-fashioned way: case by case, violation by violation, as a regulator rather than a legislator. He's already shown a willingness to do exactly that on consumer protection. It's a slower path than a statutory price cap, and it doesn't hand Haney and the fan-advocacy coalition — NIVA, the Music Artists Coalition, the Future of Music Coalition — the win they spent all year building toward. But it keeps Bonta's hands clean for the fight that actually matters to him, and it leaves StubHub exactly where it was before AB 1720 ever got introduced: still facing every problem it had, just $3.4 million poorer for having bought itself one more season to deal with them.








