Powered by Lexis+®
Jurisdiction(s):
United Kingdom

UK consumer law enforcement transformed: CMA’s administrative regime, 10% global turnover fines, codified breaches and procedural guidance under the Digital Markets, Competition and Consumers Act 2024

Published on: 16 August 2024

Published by a LexisNexis Commercial expert
Legal News
imgtext
Article summary

This change in UK consumer law will:

  • hand the CMA powers of direct enforcement, making it faster and simpler for the CMA to enforce consumer law
  • broaden the tools available to the CMA (and the courts) to tackle consumer law issues, including significant fines
  • further widen the list of codified breaches in UK consumer law

These new powers stem from the Digital Markets, Competition and Consumers Act 2024, which is expected to take effect in Autumn 2024.

The shift to a new model of UK consumer enforcement—what has changed?

Under the previous enforcement approach, while the CMA (and some other public bodies) could investigate breaches of consumer law, the authority to find a breach, halt the conduct and impose remedies rested with the UK courts. That route was often slow and uncertain, so the CMA usually sought voluntary undertakings from parties—though with constrained bargaining power, given the ultimate need to go to court...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow