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UK unfair trading under the DMCCA 2024: CPUTR 2008 replaced, definitional clarifications and new section 230 invitation-to-purchase pricing duties (commencing 6 April 2025) and CMA enforcement focus

Published on: 26 March 2025

Published by a LexisNexis Corporate Crime expert
Legal News
Article summary

Protection from Unfair Trading

Under the Digital Markets, Competition and Consumers Act 2024 (Commencement No 2) Regulations 2025, SI 2025/272, reg 2, most of DMCCA 2024, Pt 4, Ch 1 will take effect on 6 April 2025. The provisions not commencing concern consumers’ private law rights of redress (DMCCA 2024, ss 232, 234 and 235).

Chapter 1, ‘Protection from Unfair Trading’, supersedes the Consumer Protection from Unfair Commercial Practices Regulations 2008 (CPUTR 2008), SI 2008/1277, as outlined in DMCCA 2024, s 224. In contrast to much of the remainder of the Act, Pt 4, Ch 1 is not designed to be a wholesale reform of existing statutory protections; instead, it largely preserves the prior legal effect, with minor modifications (see Explanatory Note to DMCCA 2024, para 1330). Many updates are definitional refinements that recognise the case law developed since CPUTR 2008 came into force.

For example, DMCCA 2024, s 225 now frames ‘commercial practice’ as ‘an act or omission relating to the promotion or supply of’ products to consumers. By comparison, CPUTR 2008 referred to ‘any act, omission, course’...

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