The CMA is consulting on draft direct consumer enforcement guidance and rules as required and permitted under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act).
The DMCC Act grants new direct enforcement powers, relating to consumer protection law, to the Competition and Markets Authority (CMA). These new powers enable the CMA to investigate, determine and take enforcement action to address:
- Infringements of certain consumer protection laws
- Breaches of undertakings given to the CMA
- Breaches of CMA direct enforcement directions
- Providing false or misleading information in connection with the CMA’s exercise of a direct enforcement function
- Non-compliance with statutory information notices
The draft guidance sets out the range and scope of the new powers, and explains how the CMA will generally conduct direct consumer enforcement investigations.
The draft rules set out procedural rules which will be legally binding in all cases when the CMA exercises its direct consumer enforcement powers.
The CMA wants to hear from you: It’s important that the CMA hears feedback from businesses, expert groups and key stakeholders on this proposed approach.
Details on how to submit your feedback can be found on the CMA website.
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