Legislation – Digital Markets, Competition and Consumers Act 2024

the CMA;

every local weights and measures authority in Great Britain;

the Department for the Economy in Northern Ireland;

the Civil Aviation Authority;

the Financial Conduct Authority;

the Gas and Electricity Markets Authority;

the Department of Health in Northern Ireland;

the Department for Infrastructure in Northern Ireland;

the Northern Ireland Authority for Utility Regulation;

an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services);

the Information Commissioner;

the Maritime and Coastguard Agency;

the Office of Communications;

the Office of Rail and Road;

the Office for the Traffic Commissioner;

the Secretary of State;

the Water Services Regulation Authority.

add or remove a person as a public designated enforcer;

add or remove a person as a private designated enforcer;

vary the entry of a person as a public or private designated enforcer.

is not a public body,

satisfies the designation criteria in section 152, and

has, as one of their purposes, the protection of the collective interests of consumers.

P is constituted, managed and controlled in such a way as to be expected to act independently, impartially and with integrity;

P has established procedures to ensure that any potential conflicts of interest are properly dealt with;

P has demonstrated experience, competence and expertise in promoting or protecting the collective interests of consumers;

P has demonstrated the ability to protect the interests of consumers by promoting high standards of integrity and fair dealing in the conduct of business in relation to consumers;

P has the capability to investigate infringements and carry out enforcement procedures under this Chapter;

P is ready and willing to follow best practice in enforcement;

P is ready and willing to co-operate with other enforcers and relevant persons.

the other person does not control P, and

the profits of the other person’s business are used for the purposes of furthering the objectives of P.

“relevant persons” are any persons responsible for the regulation of matters in respect of which acts or omissions may constitute a relevant infringement;

a person has engaged in, is engaging in or is likely to engage in a commercial practice which constitutes a relevant infringement, or

a person is an accessory to such a practice.

in the case of a commercial practice in breach of an enactment listed in the first column of the Table in Part 1 of Schedule 15, the enforcer is an authorised enforcer in respect of that enactment in accordance with the second column of that Table;

in the case of a commercial practice in breach of an obligation or rule of law listed in the first column of the Table in Part 2 of Schedule 15, the enforcer is an authorised enforcer in respect of that obligation or rule of law in accordance with the second column of that Table.

must be made in respect of the person the enforcer considers falls within subsection (1)(a) or (b) (“the respondent”), and

must (where known) name the respondent.

may be made only by the CMA,

may be made only by such other enforcer as may be specified in the direction, or

is not to be made by any enforcer.

does not prevent the acceptance of an undertaking under section 163 by the CMA or another enforcer;

does not prevent the CMA from taking such other steps as it considers appropriate for the purpose of securing that the infringement is not committed, continued or repeated.

only in respect of an infringement that is a relevant infringement for the purposes of Chapter 4 (in addition to being a relevant infringement for the purposes of this Chapter), and

only if the CMA is conducting, or proposes to conduct, an investigation under section 180 in relation to that infringement.

achieving the cessation of a relevant infringement (in a case where the infringement is occurring) and ensuring it does not recur;

ensuring there is no repetition of a relevant infringement in a case where the infringement has occurred;

ensuring that a relevant infringement does not take place in a case where the infringement has yet to occur;

ensuring, in the case of consultation carried out by a public designated enforcer, that the respondent is aware that an application for an enforcement order may include an application for the respondent to pay a monetary penalty.

the CMA considers that an application for the order in question should be made without delay, or

it is not reasonably practicable for the enforcer to ascertain the identity and whereabouts of the respondent.

in the case of an application for an enforcement order, at the end of the applicable period;

in the case of an application for an interim enforcement order, at the end of the period of 7 days beginning with the day after the respondent receives a consultation request.

in a case where the respondent is a member of, or is represented by, an approved representative body, the period of 28 days beginning with the day after the respondent receives a consultation request;

in any other case, the period of 14 days beginning with the day after the respondent receives a consultation request.

a public designated enforcer,

a body which represents a public designated enforcer,

a group of public designated enforcers, or

a community interest company whose objects include the approval of consumer codes.

has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

is an accessory to the infringing practice.

make an enforcement order against the respondent, or

accept an undertaking from the respondent given under subsection (5).

has given an undertaking under section 163 or 185 in respect of the infringing practice, and

if so, whether the respondent has failed to comply with the undertaking.

indicates the nature of the infringing practice, and

directs the respondent to comply with subsection (6).

to comply with subsection (6), or

to take steps which the court believes will secure that the respondent complies with subsection (6).

in the case of a respondent within subsection (1)(a), not continuing or repeating the infringing practice (where it is alleged that the person has engaged or is engaging in that practice);

in the case of a respondent within subsection (1)(b), not consenting to or conniving in the infringing practice;

in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

section 157 about the inclusion of enhanced consumer measures in an enforcement order or undertaking;

section 158 about the inclusion of a requirement to pay a monetary penalty in an enforcement order.

the order;

a corrective statement.

the terms of the undertaking;

a corrective statement.

must be made in such form and manner, and to such extent, as the court considers appropriate for the purpose of eliminating any continuing effects of the conduct in respect of which the order was made or undertaking given;

is not an enhanced consumer measure for the purposes of this Chapter.

the court may accept from the respondent any variation of the undertaking that the court considers appropriate for meeting the purposes for which the undertaking was given;

the court may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the court considers that the undertaking is no longer necessary to further those purposes.

the likely benefit of the measures to consumers,

the costs likely to be incurred by the respondent, and

the likely cost to consumers of obtaining the benefit of the measures.

the cost of the measures, and

the reasonable administrative costs associated with taking the measures.

an enforcement order or undertaking includes enhanced consumer measures offering compensation, and

a settlement agreement is entered into in connection with the payment of compensation.

the decision to impose the penalty, or

the nature or amount of the penalty.

it appears to the court that if the application had been an application for an enforcement order it would be likely to be granted, and

the court considers it is expedient that the infringing practice is prohibited or prevented immediately.

make an interim enforcement order against the respondent, or

accept an undertaking from the respondent to comply with subsection (5) or to take steps which the court believes will secure such compliance.

indicates the nature of the infringing practice, and

directs the respondent to comply with subsection (5).

in the case of a respondent within subsection (1)(a)(i), not continuing or repeating the infringing practice (where it is alleged that the person has engaged or is engaging in that practice);

in the case of a respondent within subsection (1)(a)(ii), not consenting to or conniving in the infringing practice;

in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

an application for an enforcement order against the respondent in respect of that conduct is determined, or

a final infringement notice in respect of that conduct has been given to the respondent (see section 182).

include all information known to the applicant that is material to the question of whether or not the application is granted;

if made without notice, state why no notice has been given.

on the determination of an application for an enforcement order made against the respondent in respect of that conduct, or

on the giving of a final infringement notice to the respondent in respect of that conduct.

the person that the enforcer considers has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or

any other person (subject to subsection (3)).

is a United Kingdom national,

is an individual who is habitually resident in the United Kingdom,

is a firm established in the United Kingdom, or

carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

it is incorporated or formed under the law of a part of the United Kingdom, or

it is administered under arrangements governed by the law of a part of the United Kingdom.

a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement,

there are no other available means under this Chapter of bringing about the cessation or prohibition of the infringement which, by themselves, would be wholly effective, and

it is necessary to make the order to avoid the risk of serious harm to the collective interests of consumers.

remove content from, or modify content on, an online interface;

disable or restrict access to an online interface;

display a warning to consumers accessing an online interface;

delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.

the order, and

where known, the identity of the person who has engaged, is engaging or is likely to engage in a commercial practice which constitutes the relevant infringement.

is operated by a person (“P”) acting for purposes relating to P’s business or by a person acting in the name of, or on behalf of, P, and

is operated for or in connection with the purposes of giving access to, or promoting, goods, services or digital content that P or another person supplies.

it is alleged that there has been or is likely to be a relevant infringement,

it appears to the court that if the application had been an application for an online interface order it would be likely to be granted, and

the court considers it expedient to bring about the cessation or prohibition of the infringement immediately.

the application must state why no notice has been given, and

the court may make the order only if it considers it appropriate for the order to be made without notice.

remove content from, or modify content on, an online interface;

disable or restrict access to an online interface;

display a warning to consumers accessing an online interface;

delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.

an application for an online interface order against the respondent in respect of the same relevant infringement is determined, or

an online interface notice in respect of the same relevant infringement has been given to the respondent (see section 184).

an application for an online interface order made against the respondent in respect of the same relevant infringement, or

an online interface notice in respect of the same relevant infringement has been given to the respondent.

has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

is an accessory to the infringing practice.

in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);

in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;

in either case, not to engage in the infringing practice in the course of the respondent’s business or another business;

in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

must be made in such form and manner, and to such an extent, as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the infringing practice;

is not an enhanced consumer measure for the purposes of this Chapter.

the enforcer may accept from the respondent any such variation of the undertaking that the enforcer considers appropriate for meeting the purposes for which the undertaking was given;

the enforcer may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the enforcer considers that the undertaking is no longer necessary to meet those purposes.

undertakings it has accepted under this section, and

reviews it has carried out into the effectiveness of such undertakings.

the likely benefit of the measures to consumers,

the costs likely to be incurred by the respondent, and

the likely cost to consumers of obtaining the benefit of the measures.

the cost of the measures, and

the reasonable administrative costs associated with taking the measures.

an undertaking under section 163(2) includes enhanced consumer measures offering compensation, and

a settlement agreement is entered into in connection with the payment of compensation.

accept a material variation of an undertaking under section 163, or

release the respondent from any such undertaking,

give notice to the respondent under subsection (3), and

consider any representations made in accordance with the notice.

the fact that the enforcer is proposing to act as mentioned in subsection (1),

the reasons for doing so, and

the means by which, and the time by which, representations may be made in relation to the proposed action.

makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the original application”), or

accepts an undertaking from the respondent under section 156 or 159 on the making of the original application.

an enforcement order,

an interim enforcement order,

an online interface order, or

an interim online interface order.

by the enforcer that made the original application, or

by any other enforcer other than a private designated enforcer.

make a consumer protection order (instead of making any other order it has power to make);

make an order requiring the respondent to pay a monetary penalty.

sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

the decision to impose the penalty, or

the nature or amount of the penalty.

section 168, which provides for the amount of penalties, and

section 203, which provides for information to accompany such orders.

make a consumer protection order (instead of making any other order it has power to make);

make an order requiring the respondent to pay a monetary penalty.

sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

the decision to impose the penalty, or

the nature or amount of the penalty.

section 168, which provides for the amount of penalties, and

section 203, which provides for information to accompany such orders.

a fixed amount,

an amount calculated by reference to a daily rate, or

a combination of a fixed amount and an amount calculated by reference to a daily rate.

in the case of a fixed amount, £150,000 or, if higher, 5% of the total value of the turnover (if any) of the respondent;

in the case of an amount calculated by reference to a daily rate, for each day £15,000 or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;

in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.

no account is to be taken of any days before notice of the application under section 166(3) or 167(2) was given to the respondent, and

unless the court determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the undertaking that the respondent has failed to comply with are complied with.

must by notice inform the CMA of its intention to do so, and

may only proceed to make the application after expiry of the minimum period or, if sooner, after the CMA has by notice informed the enforcer that it consents to the making of the application.

in the case of an enforcement order or an online interface order, 14 days beginning with the day on which the notice under subsection (2)(a) is given;

in the case of an interim enforcement order or an interim online interface order, 7 days beginning with the day on which the notice under subsection (2)(a) is given.

a consumer protection order, or

an undertaking given under section 156 or 159.

the terms of the undertaking, and

the identity of the person who gave it.

must by notice inform the CMA of its intention to do so, and

may only start the proceedings on or after the relevant day.

the day on which the CMA notifies the authority that the CMA has received the authority’s notice given under subsection (2)(a), or

if sooner, the day beginning 14 days after the day on which that notice was given.

a person is convicted of an offence by or before a court in the United Kingdom, or

a judgment is given against a person by a court in civil proceedings in the United Kingdom.

having regard to the functions of the CMA under this Chapter or Chapter 4, that it is expedient for the conviction or judgment to be brought to the attention of the CMA, and

without such arrangements the conviction or judgment may not be brought to the attention of the CMA.

the High Court or the county court in England and Wales, if the respondent carries on business in England and Wales or has a place of business in England and Wales;

the High Court or a county court in Northern Ireland, if the respondent carries on business in Northern Ireland or has a place of business in Northern Ireland;

the Court of Session or the sheriff, if the respondent carries on business in Scotland or has a place of business in Scotland.

the High Court or the county court in England and Wales, if a relevant consumer is domiciled in England or Wales;

the High Court or a county court in Northern Ireland, if a relevant consumer is domiciled in Northern Ireland;

the Court of Session or the sheriff, if a relevant consumer is domiciled in Scotland.

to or for whom goods, services or digital content are supplied in connection with which the relevant infringement has, or is alleged to have, taken place,

to whom activities are directed the carrying out of which constitutes, or is alleged to constitute, the relevant infringement, or

from whom goods are received in connection with which the relevant infringement has, or is alleged to have, taken place.

section 11 of the Civil Evidence Act 1968 (convictions admissible as evidence in civil proceedings);

section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (corresponding provision in Scotland);

section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c.36 (N.I.)) (corresponding provision in Northern Ireland).

is admissible as evidence that the conduct has occurred;

unless the contrary is proved, is sufficient evidence that the conduct has occurred.

which has been reversed on appeal;

which has been varied on appeal so as to negate it.

the person has engaged in a commercial practice that constitutes a relevant infringement, or

the person is an accessory to such a practice.

a court makes a consumer protection order against a body corporate (“the respondent”), and

the interconnection condition applies in relation to the respondent.

at the time the order is made the respondent is a member of a group of interconnected bodies corporate,

at any time when the order is in force the respondent becomes a member of a group of interconnected bodies corporate, or

at any time when the order is in force a group of interconnected bodies corporate of which the respondent is a member is increased by the addition of one or more further members.

if one of them is a subsidiary of the other, or

if both of them are subsidiaries of the same body corporate.

an enforcement order is made on the application of a private designated enforcer,

an undertaking is given under section 156 on an application for an enforcement order made by a private designated enforcer, or

an undertaking is given under section 163 to a private designated enforcer.

require a person to pay money to the enforcer or an associated undertaking;

require a person to participate in a scheme, administered by the enforcer or associated undertaking, that is designed to recommend persons supplying goods, services or digital content to consumers;

would give the enforcer or associated undertaking a commercial advantage over any of its competitors.

the functions of the enforcer under this Chapter have been specified under section 24 of the Legislative and Regulatory Reform Act 2006 (functions to which principles under section 21 and code of practice under section 22 apply), so far as capable of being so specified, and

an enforcer exercises a function in relation to a person by virtue of this section,

the function is a relevant function for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (co-ordination of regulatory enforcement), and

a parent undertaking or subsidiary undertaking of the enforcer, or

a subsidiary undertaking of a parent undertaking of the enforcer,

the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or

the court considers that any such evidence that is provided is inadequate.

where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought;

where the application is for an online interface order or an interim online interface order, the person against whom the order is sought or another person who is a party to the proceedings.