Legislation – Digital Markets, Competition and Consumers Act 2024

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Part 3Enforcement of consumer protection law

Chapter 2Relevant infringements

148Relevant infringements

(1)

A commercial practice is a relevant infringement for the purposes of Chapter 3 or 4 if it—

(a)

harms the collective interests of consumers,

(b)

meets the UK connection condition (see section 149), and

(c)

meets the specified prohibition condition (see section 150).

(2)

In this Part—

“commercial practice” means an act or omission by a trader relating to the promotion or supply of—

(a)

the trader’s goods, services or digital content to a consumer,

(b)

another trader’s goods, services or digital content to a consumer, or

(c)

a consumer’s goods, services or digital content to the trader or another person;

“consumer” means an individual acting for purposes that are wholly or mainly outside the individual’s business;

“trader” means—

(a)

a person (“P”) acting for purposes relating to P’s business, or

(b)

a person acting in the name of, or on behalf of, P for purposes relating to P’s business.

(3)

It is immaterial for the purposes of the definition of “commercial practice” in subsection (2) whether the act or omission takes place—

(a)

at the time of the promotion or supply in question, or

(b)

before or after that time.

(4)

It is immaterial for the purposes of the definition of “trader” in subsection (2)—

(a)

in relation to paragraph (a) of that definition, whether P is acting personally or through another person acting in P’s name or on P’s behalf;

(b)

in relation to paragraph (b) of that definition, whether or not the purposes relating to P’s business are the only or main purposes for which the person is acting.

(5)

For the purposes of this Part—

(a)

references to consumers include persons who may become consumers in the future;

(b)

the collective interests of consumers are capable of being harmed by a single act or omission (as well as by repeated acts or omissions).

149The UK connection condition

(1)

A commercial practice meets the UK connection condition for the purposes of section 148 if at least one of the following conditions is met—

(a)

the trader has a place of business in the United Kingdom;

(b)

the trader carries on business in the United Kingdom;

(c)

the commercial practice occurs in the carrying on of activities by the trader that are, by any means, directed to consumers in the United Kingdom.

(2)

It is immaterial for the purposes of subsection (1)(c) whether the activities are carried on in the United Kingdom or elsewhere.

150The specified prohibition condition

(1)

A commercial practice meets the specified prohibition condition for the purposes of section 148 as it applies for the purposes of Chapter 3 if the commercial practice is—

(a)

in breach of an enactment listed in Part 1 of Schedule 15 (to the extent specified), or

(b)

in breach of an obligation or rule of law listed in Part 2 of that Schedule.

(2)

A commercial practice meets the specified prohibition condition for the purposes of section 148 as it applies for the purposes of Chapter 4 if it is in breach of an enactment listed in Schedule 16 (to the extent specified).

(3)

In the Table listing enactments in Part 1 of Schedule 15—

(a)

the first column lists the enactments;

(b)

the corresponding entry in the second column specifies the authorised enforcers in relation to the enactment for the purposes of section 153;

(c)

the third column provides information about transitional provision etc in relation to certain enactments.

(4)

In the Table listing obligations and rules of law in Part 2 of Schedule 15—

(a)

the first column describes the obligations or rules of law;

(b)

the corresponding entry in the second column specifies the authorised enforcers in relation to the obligation or rule of law for the purposes of section 153.