Digital Markets, Competition and Consumers Act 2024 — Full Text (legislation.gov.uk)

Digital Markets, Competition and Consumers Act 2024

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Digital Markets, Competition and Consumers Act 2024
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UK Public General Acts
2024 c. 13
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Correction Slip - 20/03/2025
Correction Slip - 16/07/2024
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Changes to legislation:
Digital Markets, Competition and Consumers Act 2024 is up to date with all changes known to be in force on or before 15 May 2026. There are changes that may be brought into force at a future date.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied tos. 11(5)(b)
words substituted by
S.I. 2026/386

Sch. 2
para. 27(1)
para. 27(2)(a)
s. 107(3)
words substituted by
S.I. 2026/386

Sch. 2
para. 27(1)
para. 27(2)(b)
s. 151(1)(k)
words substituted by
S.I. 2026/386

Sch. 2
para. 27(1)
para. 27(2)(c)
Introductory Text
Part 1 Digital Markets
Chapter 1 Overview
1.
Overview
Chapter 2 Strategic Market Status
Power to designate undertaking as having SMS
2.
Designation of undertaking
3.
Digital activities
4.
Link to the United Kingdom
5.
Substantial and entrenched market power
6.
Position of strategic significance
7.
The turnover condition
8.
Turnover of an undertaking
Procedure
9.
Initial SMS investigations
10.
Further SMS investigations
11.
Procedure relating to SMS investigations
12.
Closing an initial SMS investigation without a decision
13.
Consultation on proposed decision
14.
Outcome of SMS investigations
15.
Notice requirements: decisions about whether to designate
16.
Notice requirements: decisions to revoke a designation
17.
Existing obligations
18.
Designation period
Chapter 3 Conduct requirements
Imposition of conduct requirements
19.
Power to impose conduct requirements
20.
Permitted types of conduct requirement
21.
Content of notice imposing a conduct requirement
22.
Revocation of conduct requirements
23.
Transitional provision relating to conduct requirements etc
24.
Consultation in relation to a conduct requirement
25.
Duty to keep conduct requirements under review
Enforcement of conduct requirements
26.
Power to begin a conduct investigation
27.
Consideration of representations
28.
Closing a conduct investigation without making a finding
29.
Countervailing benefits exemption
30.
Notice of findings
31.
Enforcement orders
32.
Interim enforcement orders
33.
Duration of enforcement orders
34.
Revocation of enforcement orders
35.
Duty to keep enforcement orders under review
Commitments relating to conduct requirements
36.
Commitments
37.
Duty to keep commitments under review
Final offer mechanism
38.
Power to adopt final offer mechanism
39.
Collective submissions
40.
Final offer mechanism
41.
Final offers: outcome
42.
Final offer orders: supplementary
43.
Decision not to make final offer order
44.
Duration and revocation of final offer orders
45.
Duty to keep final offer orders under review
Chapter 4 Pro-competition interventions
46.
Power to make pro-competition interventions
47.
Power to begin a PCI investigation etc
48.
Procedure relating to PCI investigations
49.
Consultation on proposed PCI decision
50.
PCI decision
51.
Pro-competition orders
52.
Replacement of pro-competition orders
53.
Duration and revocation etc of pro-competition orders
54.
Consultation
55.
Duty to review pro-competition orders etc
56.
Commitments
Chapter 5 Mergers
57.
Duty to report possible mergers etc
58.
Qualifying status
59.
Value of consideration
60.
Content of report etc
61.
Application of the duty to report etc
62.
Acceptance of report
63.
Delay to possible mergers etc
64.
Timing of a reportable event
65.
Authorisation for one person to act for another
66.
Applications for review of decisions relating to mergers
67.
Regulations about duty to report
68.
Duty to keep compliance under review
Chapter 6 Investigatory powers etc and compliance reports
Investigatory powers etc
69.
Power to require information
70.
Requirement to name a senior manager
71.
Power of access
72.
Power to interview
73.
Use of interview statements in prosecution
74.
Power to enter business premises without a warrant
75.
Power to enter premises under a warrant
76.
Power to enter premises under a warrant: supplementary
77.
Amendments to the Criminal Justice and Police Act 2001
78.
Application for a warrant
79.
Reports by skilled persons
80.
Duty to preserve information
81.
Privileged communications
82.
Power of CMA to publish notice of investigative assistance
Compliance reports etc
83.
Nominated officer
84.
Compliance reports
Chapter 7 Enforcement and appeals
Civil penalties
85.
Penalties for failure to comply with competition requirements
86.
Amount of penalties under section 85
87.
Penalties for failure to comply with investigative requirements
88.
Amount of penalties under section 87
89.
Procedure and appeals etc
90.
Calculation of daily rates and turnover
91.
Statement of policy on penalties
92.
Monetary penalties: criminal proceedings and convictions
Offences
93.
Destroying or falsifying information
94.
False or misleading information
95.
Obstructing an officer
96.
Offences by officers of a body corporate etc
97.
Offences: limits on extra-territorial jurisdiction
98.
Sentences
Further enforcement provisions etc
99.
Director disqualification
100.
Enforcement of requirements
101.
Rights to enforce requirements of this Part
102.
Treatment of CMA breach decisions etc
Applications for review
103.
Applications for review etc
Chapter 8 Administration etc
Administration
104.
Extension etc of periods
105.
Extensions: supplementary
106.
Exercise and delegation of functions
Regulatory coordination and information sharing
107.
Coordination with relevant regulators
108.
Recommendations to the CMA
109.
Information sharing
Miscellaneous
110.
Power to charge levy
111.
Extra-territorial application
112.
Defamation
113.
Consultation and publication of documents
114.
Guidance
115.
Protected disclosures
116.
Restriction on disclosure orders
Interpretation
117.
Groups
118.
General interpretation
Part 2 Competition
Chapter 1 Anti-trust
The Chapter 1 and 2 prohibitions
119.
Removal of requirement for agreements etc to be implemented in the UK
120.
Repeal of exclusions relating to the European Coal and Steel Community
Investigations
121.
Duty to preserve documents relevant to investigations
122.
Production of information authorised by warrant
123.
Additional powers of seizure from domestic premises
Proceedings before the Competition Appeal Tribunal
124.
Standard of review on appeals against interim measures directions
125.
Declaratory relief
126.
Exemplary damages
Chapter 2 Mergers
127.
Relevant merger situations and special merger situations
128.
Fast-track references under sections 22 and 33 of EA 2002
129.
Mergers of energy network enterprises
130.
Mergers involving newspaper enterprises and foreign powers
131.
Mutual agreements to extend time-limits: duty to make reference cases
132.
Mutual agreements to extend time-limits: public interest cases
133.
Publication of merger notices online
Chapter 3 Markets
134.
Market studies: removal of time-limit on pre-reference consultation
135.
Power to make a reference after previously deciding not to do so
136.
Scope of market investigations
137.
Acceptance of undertakings at any stage of a market study or investigation
138.
Final undertakings and orders: power to conduct trials
139.
Duty of CMA to monitor undertakings and orders
140.
Taking action in relation to regulated markets
Chapter 4 Cartels
141.
Production of information authorised by warrant
Chapter 5 Miscellaneous
142.
Attendance of witnesses etc
143.
Civil penalties etc in connection with competition matters
144.
Service and extra-territoriality of notices under CA 1998 and EA 2002
145.
Orders and regulations under CA 1998 and EA 2002
146.
Meaning of “working day” in Parts 3 and 4 of EA 2002
Part 3 Enforcement of consumer protection law
Chapter 1 Overview
147.
Overview
Chapter 2 Relevant infringements
148.
Relevant infringements
149.
The UK connection condition
150.
The specified prohibition condition
Chapter 3 Consumer protection orders and undertakings
Enforcers for purposes of Chapter
151.
Enforcers
152.
Designation criteria
Applications for enforcement orders and interim enforcement orders
153.
Applications
154.
CMA directions to other enforcers
155.
Consultation
Powers of court on application under section 153
156.
Enforcement orders and undertakings
157.
Enforcement orders and undertakings: enhanced consumer measures
158.
Enforcement orders: requirement to pay monetary penalty
159.
Interim enforcement orders and undertakings
Online interface orders and interim online interface orders
160.
Applications
161.
Online interface orders
162.
Interim online interface orders
Undertakings and further proceedings
163.
Acceptance of undertakings by enforcers
164.
Undertakings under section 163: enhanced consumer measures
165.
Undertakings under section 163: procedural requirements
166.
Consumer protection orders or undertakings to court: further proceedings
167.
Undertakings to public designated enforcers: further proceedings
168.
Monetary penalties under sections 166 and 167: amount
Notification of CMA
169.
Notification requirements: applications
170.
Notification requirements: undertakings
171.
Notification requirements: proceedings
172.
Notification requirements: convictions and judgments
Jurisdiction etc
173.
Appropriate court
174.
Effect of orders in other parts of the United Kingdom
175.
Evidence
Miscellaneous
176.
Interconnected bodies corporate
177.
Enhanced consumer measures: private designated enforcers
178.
Substantiation of claims
179.
Crown application
Chapter 4 Direct enforcement powers of CMA
Investigations
180.
Power of CMA to investigate suspected infringements
Infringement notices and penalties
181.
Provisional infringement notice
182.
Final infringement notice
183.
Final infringement notice: directions to take enhanced consumer measures
Online interface notices
184.
Online interface notices
Undertakings
185.
Undertakings
186.
Effect of undertakings under section 185
187.
Undertakings under section 185: procedural requirements
188.
Provisional breach of undertakings enforcement notice
189.
Final breach of undertakings enforcement notice
190.
Monetary penalties under section 189: amount
Directions
191.
Provisional breach of directions enforcement notice
192.
Final breach of directions enforcement notice
193.
Monetary penalties under section 192: amount
194.
Powers of court to enforce directions
195.
Substantiation of claims
196.
Variation or revocation of directions
False or misleading information
197.
Provisional false information enforcement notice
198.
Final false information enforcement notice
Miscellaneous and appeals
199.
Statement of policy in relation to monetary penalties
200.
Interconnected bodies corporate
201.
Record-keeping and reporting requirements
202.
Appeals
Chapter 5 Monetary penalties: general provisions
203.
Information to accompany orders or notices imposing monetary penalties
204.
Determination of turnover
205.
Power to amend amounts
206.
Recovery of monetary penalties
207.
Monetary penalties: further provision
Chapter 6 Investigatory powers
208.
Investigatory powers of enforcers
Chapter 7 Miscellaneous
209.
Powers to amend Schedule 15 and Schedule 16
210.
Rules
211.
Procedural requirements for making of rules
212.
Guidance
213.
Defamation
214.
Minor and consequential amendments relating to this Part
215.
Transitional and saving provision relating to this Part
216.
Enforcement of requirements relating to secondary ticketing
Chapter 8 Interpretation of Part
217.
Supply of goods or digital content
218.
Supply of services
219.
Accessories
220.
Special relationships
221.
Enhanced consumer measures
222.
Other interpretative provisions
223.
Index of defined expressions
Part 4 Consumer rights and disputes
Chapter 1 Protection from unfair trading
Introduction
224.
Overview
Prohibition of unfair commercial practices
225.
Prohibition of unfair commercial practices
226.
Misleading actions
227.
Misleading omissions
228.
Aggressive practices
229.
Contravention of the requirements of professional diligence
230.
Omission of material information from invitation to purchase
Public enforcement
231.
Public enforcement
Consumers’ rights of redress relating to unfair commercial practices
232.
Rights of redress
233.
Rights of redress: further provision
234.
Enforcement of rights of redress
235.
Relationship between rights of redress and other claims relating to prohibited practices
Inertia selling
236.
Inertia selling
Offences relating to unfair commercial practices
237.
Offences
238.
Defence of due diligence and innocent publication
239.
Offences: criminal liability of others
240.
Penalty for offences
241.
Time limit for prosecution
Miscellaneous
242.
Powers to amend this Chapter
243.
Crown application
244.
Validity of agreements
Interpretation
245.
Meaning of “transactional decision”
246.
Meaning of “average consumer”: general
247.
Meaning of “average consumer”: vulnerable persons
248.
Meaning of “product”
249.
General interpretation
250.
Index of defined terms
Consequential amendments and transitional provision
251.
Consequential amendments relating to this Chapter
252.
Transitional and saving provision relating to this Chapter
Chapter 2 Subscription contracts
Introduction
253.
Overview
254.
Meaning of “subscription contract”
255.
Excluded contracts
Duties of traders
256.
Pre-contract information
257.
Pre-contract information: additional requirements
258.
Reminder notices
259.
Content and timing etc of reminder notices
260.
Arrangements for consumers to exercise right to end contract
261.
Duties of trader on cancellation or end of subscription contract
Rights of consumers to cancel contract for breach
262.
Terms implied into contracts
263.
Right to cancel for breach of implied term
Cooling-off rights
264.
Right to cancel during cooling-off periods
265.
Meaning of “initial cooling-off period” and “renewal cooling-off period”
266.
Cooling-off notice
Cancellation of contracts under this Chapter: further provision
267.
Cancellation of subscription contract: further provision
Offence of failing to provide information about cooling-off rights
268.
Offence of failing to provide information about initial cooling-off rights
269.
Defence of due diligence
270.
Offences by officers of a body corporate etc
271.
Penalty for offence and enforcement
General and miscellaneous provision
272.
Information and notices: timing and burden of proof
273.
Terms of a subscription contract which are of no effect
274.
Other remedies for breach by trader
275.
Application of this Chapter
276.
Crown application
277.
Power to make further provision in connection with this Chapter
Consequential amendments
278.
Consequential amendments to the Consumer Rights Act 2015
279.
Other consequential amendments
General interpretation
280.
Interpretation
281.
Index of defined expressions
Chapter 3 Consumer Savings Schemes
282.
Meaning of “consumer savings scheme contract”
283.
Other defined terms
284.
Excluded arrangements
285.
Insolvency protection requirement
286.
Insurance arrangements
287.
Trust arrangements
288.
Information requirements
289.
Consequential amendments
290.
Interpretation
Chapter 4 Alternative dispute resolution for consumer contract disputes
Interpretation of Chapter 4
291.
Meaning of “ADR” and related terms
292.
Other definitions
Prohibition on acting as ADR provider without accreditation etc
293.
Prohibitions relating to acting as ADR provider
294.
Prohibitions relating to charging fees to consumers
Exempt ADR providers
295.
Exempt ADR providers
Accreditation: procedure etc
296.
Applications for accreditation or variation of accreditation
297.
Determination of applications for accreditation or variation of accreditation
298.
Revocation or suspension of accreditations etc
299.
Fees payable by accredited ADR providers
300.
ADR fees regulations
301.
Accreditation criteria
Enforcement of prohibitions etc
302.
Enforcement notices
Provision of Information etc
303.
ADR information regulations
304.
ADR information directions
305.
Disclosure of ADR information by the Secretary of State
306.
Meaning of “ADR information” and other terms in sections 303 to 305
Involvement of other bodies in the regulation of ADR providers
307.
Power to provide for other persons to have accreditation functions etc
Complaints by consumers to traders
308.
Duty of trader to notify consumer of ADR arrangements etc
Consequential amendments etc and transitional provision
309.
Consequential amendments etc relating to this Chapter
310.
Transitional provision relating to this Chapter
Part 5 Miscellaneous
Chapter 1 Competition in connection with motor fuel
311.
Provision of information about competition in connection with motor fuel
312.
Penalties for failure to comply with notices under section 311
313.
Procedure and appeals
314.
Statement of policy on penalties
315.
Offences etc
316.
Penalties under section 312 and offences under section 315
317.
Information sharing
318.
Expiry of this Chapter
Chapter 2 Provision of investigative assistance to overseas regulators
319.
Provision of investigative assistance to overseas regulators
320.
Requests for investigative assistance
321.
The appropriateness of providing investigative assistance
322.
Authorisation of the provision of investigative assistance
323.
Notifications in respect of requests for investigative assistance
324.
Guidance in connection with investigative assistance
325.
Amendments to other legislation
Chapter 3 Miscellaneous
326.
Disclosing information overseas
327.
Duty of expedition on the CMA and sectoral regulators
328.
Offenders assisting investigations and prosecutions: powers of the CMA
329.
Removal of limit on the tenure of a chair of the Competition Appeal Tribunal
Part 6 General
330.
Interpretation
331.
Data protection
332.
Notices
333.
Consultation
334.
Financial provision
335.
Minor and consequential amendments
336.
Power to make further consequential provision
337.
Regulations
338.
Extent
339.
Commencement
340.
Short title
Schedules
Schedule 1
Procedure relating to commitments
1.
Application of Schedule
2.
Procedure for accepting a commitment or requested variation
3.
(1) Before accepting a modification of a commitment or requested...
4.
The CMA must publish notice of its decision on whether...
5.
The requirements of paragraphs 2 and 3 do not apply...
6.
Procedure for releasing an undertaking from a commitment
7.
The CMA must publish a notice of its decision on...
Schedule 2
Mergers: holding of interests and rights
1.
Joint interests
2.
Joint arrangements
3.
Interests held by nominees
4.
Rights treated as held by person who controls their exercise
5.
Rights exercisable only in certain circumstances etc
6.
Rights attached to shares held by way of security
7.
Arrangements
Schedule 3
Power of Competition Appeal Tribunal to grant declaratory relief
1.
Chapter 4 of Part 1 of CA 1998 (appeals before...
2.
In the italic heading before section 47A, after “damage” insert...
3.
In section 47A (proceedings before the Tribunal: claims for damages...
4.
After section 47D insert— Proceedings under section 47A or collective...
5.
In the italic heading before section 47F, after “damage” insert...
6.
(1) Section 47F (further provision about claims in respect of...
7.
(1) In section 49 (further appeals from the Tribunal), subsection...
8.
(1) Schedule 8A (further provision about claims in respect of...
9.
In Schedule 4 to EA 2002 (Competition Appeal Tribunal: procedure),...
Schedule 4
Relevant and special merger situations
1.
Chapter 1 of Part 3 of EA 2002 (mergers: duty...
2.
(1) Section 23 (relevant merger situations) is amended as follows....
3.
(1) Section 28 (turnover test) is amended as follows.
4.
In Chapter 2 of Part 3 of EA 2002 (mergers:...
5.
Chapter 3 of Part 3 of EA 2002 (mergers: other...
6.
(1) Section 59 (intervention by Secretary of State in special...
7.
(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications...
8.
Chapter 5 of Part 3 of EA 2002 (mergers: supplementary)...
9.
(1) Section 123 (power to alter share of supply test)...
10.
In section 130 (index of defined expressions), in the appropriate...
Schedule 5
Mergers: fast-track references under sections 22 and 33 of EA 2002
1.
Chapter 1 of Part 3 of EA 2002 (mergers: duty...
2.
(1) Section 22 (duty to make references in relation to...
3.
(1) Section 33 (duty to make references in relation to...
4.
(1) Section 34ZA (time-limits for decisions about references) is amended...
5.
In section 34ZB (extension of time-limits), in subsection (1), for...
6.
In section 34ZC (sections 34ZA and 34ZB: supplementary), in subsection...
7.
After section 34ZC (sections 34ZA and 34ZB: supplementary) insert— Fast-track...
8.
(1) Section 39 (time-limits for investigations and reports) is amended...
9.
(1) Section 40 (section 39: supplementary) is amended as follows....
10.
(1) In Chapter 3 of Part 3 of EA 2002...
11.
(1) In Chapter 4 of Part 3 of EA 2002...
12.
Chapter 5 of Part 3 of EA 2002 (mergers: supplementary)...
13.
In section 104 (certain duties of relevant authorities to consult),...
14.
(1) Section 107 (further publicity requirements) is amended as follows....
15.
In section 130 (interpretation), in the appropriate place insert— Fast-track...
Schedule 6
Mergers of energy network enterprises
1.
Part 3 of EA 2002 (mergers) is amended as follows....
2.
(1) Section 22 (duty to make references in relation to...
3.
In section 33(3) (circumstances in which references in relation to...
4.
In section 68B (further duty to make references in relation...
5.
In section 68C (further duty to make references in relation...
6.
(1) In section 72 (initial enforcement orders: completed or anticipated...
7.
(1) Section 73 (undertakings in lieu of references under section...
8.
In section 73A (time-limits for consideration of undertakings), in subsection...
9.
(1) Section 74 (effect of undertakings under section 73) is...
10.
(1) Section 75 (order-making power where undertakings under section 73...
11.
(1) Section 79 (sections 77 and 78: further interpretative provisions)...
12.
(1) Schedule 5A (energy network mergers affecting comparative regulation: modifications...
13.
(1) Schedule 16 to the Energy Act 2023 (mergers of...
Schedule 7
Mergers involving newspaper enterprises and foreign powers
1.
Introduction
2.
Prohibition on newspaper enterprise mergers involving foreign powers
3.
After Schedule 6 insert— Schedule 6A Determination of when a...
4.
Further amendments
Schedule 8
Acceptance of undertakings at any stage of a market study or investigation
1.
Part 4 of EA 2002 (market studies and market investigations)...
2.
(1) Section 131B (market studies and the making of decisions...
3.
(1) Section 133A (functions to be exercised by CMA groups)...
4.
In section 136 (investigations and reports on market investigation references),...
5.
(1) Section 139 (public interest intervention by the Secretary of...
6.
(1) Section 140 (intervention notices under section 139(1)) is amended...
7.
In section 150 (power of veto of Secretary of State),...
8.
For section 154 (and the italic heading immediately before it)...
9.
(1) Section 155 (undertakings in lieu: procedural requirements) is amended...
10.
(1) Section 156 (effect of undertakings under section 154) is...
11.
After section 156 insert— Interim undertakings and orders .
12.
After section 158 insert— Final undertakings and orders .
13.
(1) Section 162 (duty of CMA to monitor the carrying...
14.
In section 169(6) (certain duties of relevant authorities to consult:...
15.
(1) Section 174C (section 174B: supplementary provision) is amended as...
16.
In section 183 (interpretation: Part 4), in subsection (3), in...
17.
In Schedule 4 to the Enterprise and Regulatory Reform Act...
Schedule 9
Final undertakings and orders: power to conduct trials
1.
Part 4 of EA 2002 (market studies and market investigations)...
2.
(1) Section 133A (functions to be exercised by CMA groups)...
3.
(1) Section 138A (time-limits for discharging duty under section 138)...
4.
After section 161A (acceptance of enforcement undertakings: Part 4) (inserted...
5.
After section 162A (inserted by section 139(4)) insert— Power to...
6.
In section 165 (procedural requirements for certain undertakings and orders:...
7.
(1) Section 167 (rights to enforce undertakings and orders under...
8.
(1) Section 167A (enforcement of enforcement undertakings and orders: imposition...
9.
(1) In section 167B (penalties under section 167A: amount) (inserted...
10.
(1) In section 169 (certain duties of relevant authorities to...
11.
In section 172 (further publicity requirements: Part 4), in subsection...
Schedule 10
Civil penalties etc in connection with competition investigations
Part 1 Investigations under Part 1 of CA 1998 (competition)
1.
In Part 1 of CA 1998 (competition), Chapter 3 (investigation...
2.
(1) In section 26 (investigations: powers to require documents and...
3.
(1) In section 26A (investigations: power to ask questions), subsection...
4.
In section 27 (power to enter business premises without a...
5.
(1) In section 29 (entry of premises under warrant: supplementary),...
6.
(1) In section 40ZD (information relating to transferred EU anti-trust...
7.
For the italic heading before section 40A substitute— Civil sanctions:...
8.
Before section 40A (but after the italic heading substituted by...
9.
(1) Section 40A (penalties: failure to comply with requirements) is...
10.
(1) Section 40B (statement of policy on penalties) is amended...
11.
(1) Section 42 (offences) is amended as follows.
12.
In section 43 (destroying or falsifying documents), after subsection (1)...
13.
In section 44 (false or misleading information), after subsection (2)...
Part 2 Investigations under Part 3 of EA 2002 (mergers)
14.
In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary:...
15.
(1) Section 110 (enforcement of powers under section 109: general)...
16.
(1) Section 110A (restriction on powers to impose penalties under...
17.
(1) Section 111 (penalties) is amended as follows.
18.
(1) Section 112 (penalties: main procedural requirements) is amended as...
19.
(1) Section 113 (payment and interest by instalments) is amended...
20.
(1) Section 114 (appeals in relation to penalties) is amended...
21.
(1) Section 115 (recovery of penalties) is amended as follows....
22.
(1) Section 116 (statement of policy) is amended as follows....
23.
After section 116 insert— Intentional destruction etc of documents (1) A person (“P”) commits an offence if the person...
24.
(1) Section 117 (false or misleading information) is amended as...
25.
In section 120 (review of decisions under Part 3), in...
Part 3 Investigations under Part 4 of EA 2002 (market studies and market investigations)
26.
In Part 4 of EA 2002 (market studies and market...
27.
(1) Section 174A (enforcement of powers under section 174: general)...
28.
(1) Section 174B (restriction on powers to impose penalties under...
29.
(1) Section 174D (penalties) is amended as follows.
30.
(1) Section 174E (statement of policy on penalties) is amended...
31.
In section 179 (review of decisions under Part 4), in...
32.
(1) Section 180 (offences) is amended as follows.
33.
In section 183 (interpretation: Part 4), in subsection (1), at...
34.
In section 184 (index of defined expressions: Part 4), at...
Schedule 11
Civil penalties etc in connection with breaches of remedies
Part 1 Commitments and directions under Part 1 of CA 1998 (competition)
1.
In Part 1 of CA 1998 (competition), Chapter 3 (investigation...
2.
In section 31A (commitments), after subsection (2) insert—
3.
In section 31E (enforcement of commitments), after subsection (3) insert—...
4.
In the italic heading before section 32, at the end...
5.
In section 34 (enforcement of directions), after subsection (3) insert—...
6.
After section 35 insert— Civil sanctions: breaches of commitments, directions...
Part 2 Undertakings and orders under Part 3 of EA 2002 (mergers)
7.
In Part 3 of EA 2002 (mergers), Chapter 4 (enforcement)...
8.
(1) Section 34C (functions to be exercised by CMA groups)...
9.
(1) Section 89 (subject-matter of undertakings) is amended as follows....
10.
In section 94 (rights to enforce undertakings and orders), after...
11.
For section 94A substitute— Enforcement of undertakings and orders: imposition...
12.
(1) Section 94B (statement of policy in relation to powers...
13.
In section 120 (review of decisions under Part 3), in...
Part 3 Undertakings and orders under Part 4 of EA 2002 (market studies and market investigations)
14.
In Part 4 of EA 2002 (market studies and market...
15.
(1) Section 133A (functions to be exercised by CMA groups)...
16.
After section 161 insert— Acceptance of enforcement undertakings: Part 4...
17.
In section 167 (rights to enforce undertakings and orders under...
18.
After section 167 insert— Enforcement of undertakings and orders: imposition...
19.
In section 179 (review of decisions under Part 4), in...
Schedule 12
Civil penalties: amendments relating to sectoral regulators
1.
The Civil Aviation Authority (CAA)
2.
(1) Section 60 (functions of the CAA under Part 4...
3.
In section 61 (functions of the CAA under Part 4...
4.
(1) Section 62 (functions of the CAA under CA 1998)...
5.
In section 63 (functions of the CAA under CA 1998:...
6.
(1) Section 86 of the Transport Act 2000 (functions of...
7.
The Financial Conduct Authority (FCA)
8.
(1) Section 234I (functions of the FCA under Part 4...
9.
(1) Section 234J (functions of the FCA under CA 1998)...
10.
The Northern Ireland Authority for Utility Regulation
11.
(1) Article 23 of the Gas (Northern Ireland) Order 1996...
12.
(1) Article 46 of the Electricity (Northern Ireland) Order 1992...
13.
The Office of Communications (OFCOM)
14.
(1) Section 370 (functions of OFCOM under Part 4 of...
15.
(1) Section 371 (functions of OFCOM under CA 1998) is...
16.
(1) Section 392 (penalties imposed by OFCOM) is amended as...
17.
The Office of Gas and Electricity Markets (Ofgem)
18.
(1) Section 36A of the Gas Act 1986 (functions of...
19.
The Office of Rail and Road (ORR)
20.
The Payment Systems Regulator
21.
(1) Section 59 (functions of the Payment Systems Regulator under...
22.
(1) Section 61 (functions of the Payment Systems Regulator under...
23.
The Water Services Regulation Authority (Ofwat)
Schedule 13
Service and extra-territoriality of notices under CA 1998 and EA 2002
1.
Service of documents etc
2.
In Part 1 of CA 1998, in Chapter 3 (investigation...
3.
In section 61(4) of the Financial Services (Banking Reform) Act...
4.
In section 62(4) of the Civil Aviation Act 2012 (functions...
5.
In section 371(3) of the Communications Act 2002 (functions of...
6.
In section 86(4)(b) of the Transport Act 2000 (functions of...
7.
In section 234J(4) of the Financial Services and Markets Act...
8.
In section 67(3A) of the Railways Act 1993 (functions of...
9.
In section 31(4A) of the Water Industry Act 1991 (functions...
10.
In section 43(3A) of the Electricity Act 1989 (functions of...
11.
In section 36A(3A) of the Gas Act 1986 (functions of...
12.
In Article 29(5) of the Water and Sewerage Services (Northern...
13.
In Article 23(3A) of the Gas (Northern Ireland) Order 1996...
14.
In Article 46(3A) of the Electricity (Northern Ireland) Order 1992...
15.
Extra-territoriality of notices under CA 1998 and EA 2002
16.
In Chapter 5 of Part 3 of EA 2002 (mergers:...
17.
In Chapter 4 of Part 4 of EA 2002 (market...
Schedule 14
Orders and regulations under CA 1998 and EA 2002
1.
Orders and regulations under CA 1998
2.
Orders and regulations under Part 3 of EA 2002
3.
Orders and regulations under Part 4 of EA 2002
Schedule 15
Consumer protection enactments
Part 1 Enactments
Part 2 Obligations and rules of law
Schedule 16
Direct enforcement enactments
Schedule 17
Investigatory powers
1.
Introductory
2.
Penalties for non-compliance with information notices
3.
Extra-territorial application in relation to notices
4.
Means of giving notices
5.
Access to documents
6.
Meaning of “firm”
Schedule 18
Part 3: minor and consequential amendments
1.
Estate Agents Act 1979
2.
Companies Act 1985
3.
Enterprise Act 2002
4.
Omit Part 8 (including Schedule 13).
5.
In section 238 (information), in subsection (1), in paragraph (a)...
6.
In section 243 (overseas disclosures), in subsection (3)(a) for the...
7.
In Schedule 14 (provisions about disclosure of information) at the...
8.
In Schedule 15 (enactments conferring functions) at the appropriate place...
9.
Companies Act 2006
10.
Regulatory Enforcement and Sanctions Act 2008
11.
Consumer Rights Act 2015
Schedule 19
Part 3: transitional and saving provisions
1.
Interpretation
2.
General rules
3.
Rules applicable to continuing conduct
4.
Rules applicable to undertakings given to enforcers under the old law
5.
Information notices under Schedule 5 to CRA 2015
6.
Further provision
Schedule 20
Commercial practices which are in all circumstances considered unfair
1.
Claiming to be a signatory to a code of conduct...
2.
Claiming that a code of conduct has an endorsement from...
3.
Displaying a trust mark, quality mark or equivalent without having...
4.
Claiming that a trader, a trader’s commercial practice, or a...
5.
(1) Making an invitation to purchase products at a specified...
6.
Making an invitation to purchase products at a specified price...
7.
Falsely stating that a product will only be available for...
8.
Undertaking to provide an after-sales service to consumers and then...
9.
Falsely claiming or creating the false impression that an after-sales...
10.
Stating or otherwise creating the impression that a product can...
11.
Presenting rights given to consumers by law as a distinctive...
12.
Using editorial content in the media to promote a product...
13.
(1) Submitting, or commissioning another person to submit or write—...
14.
Making a materially inaccurate claim concerning the nature and extent...
15.
Promoting a product similar to a product made by a...
16.
(1) Establishing, operating or promoting a pyramid promotional scheme.
17.
Claiming that the trader is about to cease trading or...
18.
Claiming that products are able to facilitate winning in games...
19.
(1) Falsely claiming that a product is able to—
20.
Providing (including passing on) materially inaccurate information about market conditions...
21.
Claiming to offer a competition or prize promotion without awarding...
22.
Creating the false impression that the consumer has already won,...
23.
Describing a product as “gratis”, “free”, “without charge” or similar...
24.
Including in marketing material an invoice or similar document seeking...
25.
Falsely claiming or creating the false impression that the trader...
26.
Creating the impression that the consumer cannot leave the premises...
27.
Ignoring a request from a consumer to leave or not...
28.
Making persistent and unwanted solicitations by any means, other than...
29.
Requiring a consumer who wishes to claim on an insurance...
30.
Including in an advertisement a direct appeal to children to...
31.
Supplying products to a consumer that have not been requested...
32.
Explicitly telling a consumer that if the consumer does not...
Schedule 21
Chapter 1 of Part 4: consequential amendments
1.
Administration of Justice Act 1970 (c. 31)
2.
Trade Descriptions Act 1968 (c. 29)
3.
Hallmarking Act 1973 (c. 43)
4.
Prescription and Limitation (Scotland) Act 1973 (c. 52)
5.
Companies Act 1985 (c. 6)
6.
Copyright, Designs and Patents Act 1988 (c. 48)
7.
Trade Marks Act 1994 (c. 26)
8.
Enterprise Act 2002 (c. 40)
9.
Licensing Act 2003 (c. 17)
10.
Companies Act 2006 (c. 46)
11.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
12.
Consumer Rights Act 2015 (c. 15)
13.
Online Safety Act 2023 (c. 50)
Schedule 22
Excluded contracts
1.
Utilities
2.
Insurance and financial services
3.
Medical prescriptions etc.
4.
(1) A contract for the supply of goods, services or...
5.
Contracts regulated by OFCOM
6.
(1) A contract for the supply of a premium rate...
7.
In paragraphs 5 and 6, “OFCOM” means the Office of...
8.
Rent of residential accommodation
9.
Delivery of foodstuffs etc. by micro-entity
10.
Package holidays etc
11.
Timeshares etc
12.
Childcare (including school age education)
13.
Gambling contracts
Schedule 23
Pre-contract information and reminder notices
Part 1 Key pre-contract information
1.
The information referred to in section 256(1)(a) is as follows....
2.
If section 254(2) applies to the contract—
3.
If section 254(3) applies to the contract—
4.
The frequency with which the consumer will become liable for...
5.
If different to the information referred to in paragraph 4,...
6.
The minimum total amount for which the consumer will become...
7.
Whether the contract provides for— (a) any changes to the...
8.
The steps that the consumer must take to bring the...
9.
The amount of notice that the consumer must give to...
10.
The period within which reminder notices in relation to the...
11.
A summary of— (a) the consumer’s right to cancel the...
Part 2 Full pre-contract information
12.
The information referred to in section 256(1)(b) is as follows....
13.
The information set out in Part 1 of this Schedule....
14.
The main characteristics of the goods, services or digital content,...
15.
(1) The identity of the trader and the identity of...
16.
(1) The business address and, if different, the service address...
17.
In relation to any other person on whose behalf the...
18.
All additional delivery charges and any other costs or, where...
19.
The arrangements for payment, delivery, performance, and the time by...
20.
The trader’s complaint handling policy.
21.
The following information about the consumer’s right to cancel the...
22.
The following information about any right the consumer has to...
23.
A reminder of the statutory rights of the consumer under...
24.
(1) The existence and conditions of after-sale customer assistance, after-sales...
25.
(1) The existence of relevant codes of conduct and how...
26.
The existence and the conditions of deposits or other financial...
27.
(1) The functionality, including applicable technical protection measures, of digital...
28.
The possibility of having recourse to an out-of-court complaint and...
Part 3 Reminder notices
29.
The information referred to in section 259(1)(a) (information that must...
30.
That the consumer will become liable for the renewal payment...
31.
The date (“the renewal date”) on which the consumer will...
32.
The amount of the previous renewal payment for which the...
33.
If the renewal payment to which the notice relates is...
34.
If, having not brought the contract to an end before...
35.
The amount of any payments equivalent to those mentioned in...
36.
If the payments mentioned in paragraph 34 are (or may...
37.
The minimum total amount for which the consumer will become...
38.
The date on which the consumer will become liable for...
39.
The steps that the consumer may take to bring the...
Schedule 24
Excluded arrangements
1.
Regulated financial services activity
2.
Arrangements for the supply of utilities
3.
Contracts regulated by OFCOM
4.
Contracts for prepaid passenger transport services
5.
Small businesses
6.
Childcare voucher schemes
7.
Package holidays etc.
Schedule 25
Exempt ADR providers
Part 1 List of exempt persons
Part 2 Exempt redress schemes
Part 3 Supplementary
1.
In this Schedule— “approved estate agents redress scheme” means an...
Schedule 26
Accreditation criteria
Part 1 The criteria applicable to an accredited ADR provider
1.
Criterion 1: information for consumers
2.
Criterion 2: readiness to carry out ADR
3.
Criterion 3: expertise
4.
Criterion 4: facilities for consumers and traders to participate
5.
Criterion 5: fair ADR procedures
6.
Criterion 6: independence and impartiality
7.
Criterion 7: information for parties
Part 2 Supplementary
8.
The following provisions have effect for the interpretation or application...
9.
The accreditation criteria only apply to the ADR provider so...
10.
“Procedures”, in relation to ADR, means any rules, requirements or...
11.
“Dispute” means a consumer contract dispute.
Schedule 27
Chapter 4 of Part 4: consequential amendments etc
1.
Prescription and Limitation (Scotland) Act 1973
2.
Limitation Act 1980
3.
Foreign Limitation Periods Act 1984
4.
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
5.
Financial Services and Markets Act 2000
6.
Enterprise Act 2002
7.
Regulatory Enforcement and Sanctions Act 2008
8.
Equality Act 2010
9.
Consumer Rights Act 2015
10.
Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)
Schedule 28
Provision of investigative assistance to overseas regulators
1.
Amendments to Part 3 of EA 2002
2.
In section 110A (restriction on powers to impose penalties under...
3.
In section 111 (penalties: amount) (as amended by paragraph 17...
4.
(1) Section 120 (reviews of decisions under Part 3) is...
5.
Amendment to Part 9 of EA 2002
6.
In Schedule 14 to EA 2002 (specified functions), at the...
7.
In Schedule 15 to EA 2002 (enactments conferring functions), at...
8.
Amendments to CA 1998
9.
(1) Section 25A (power of CMA to publish notice of...
10.
(1) Section 25B (duty to preserve documents relevant to investigations)...
11.
In section 40A (penalties: amount), in subsection (7), after paragraph...
Schedule 29
Duty of expedition on sectoral regulators in respect of their competition functions
1.
The Civil Aviation Authority (CAA)
2.
In section 86 of the Transport Act 2000 (functions of...
3.
The Financial Conduct Authority (FCA)
4.
The Northern Ireland Authority for Utility Regulation
5.
In Article 23 of the Gas (Northern Ireland) Order 1996...
6.
In Article 46 of the Electricity (Northern Ireland) Order 1992...
7.
The Office of Communications (OFCOM)
8.
The Office of Gas and Electricity Markets (Ofgem)
9.
In section 43 of the Electricity Act 1989 (functions of...
10.
The Office of Rail and Road (ORR)
11.
The Payment Systems Regulator
12.
The Water Services Regulation Authority (Ofwat)
Schedule 30
Minor and consequential amendments
Part 1 Amendments to Acts of Parliament
1.
Competition Act 1980 (c. 21)
2.
In section 11B(1) (references under section 11: powers of investigation...
3.
In section 11C(1) (references under section 11: further supplementary provisions),...
4.
In section 11D(7) (interim orders), in paragraph (d), after “penalties)”...
5.
Telecommunications Act 1984 (c. 12)
6.
Companies Act 1985 (c. 6)
7.
Airports Act 1986 (c. 31)
8.
Gas Act 1986 (c. 44)
9.
Water Act 1989 (c. 15)
10.
Electricity Act 1989 (c. 29)
11.
Water Industry Act 1991 (c. 56)
12.
(1) Section 14B (references under section 14: powers of investigation)...
13.
(1) Section 16B (CMA’s power of veto following report: supplementary)...
14.
(1) Section 17M (references under section 17K: powers of investigation)...
15.
(1) Section 17Q (section 17P: supplementary) is amended as follows....
16.
In Part 2 of Schedule 15 (enactments etc in respect...
17.
Railways Act 1993 (c. 43)
18.
(1) Section 13B (references under section 13: application of EA...
19.
(1) Section 15C (sections 15A and 15B: supplementary) is amended...
20.
In section 145 (general restrictions on disclosure of information), in...
21.
Schedule 4A (review of access charges by the Office of...
22.
(1) Paragraph 10A (references under paragraph 9: application of EA...
23.
(1) Paragraph 15 (paragraphs 13 and 14: supplementary) is amended...
24.
Coal Industry Act 1994 (c. 21)
25.
Greater London Authority Act 1999 (c. 29)
26.
Utilities Act 2000 (c. 27)
27.
Transport Act 2000 (c. 38)
28.
Communications Act 2003 (c. 21)
29.
Wireless Telegraphy Act 2006 (c. 36)
30.
Companies Act 2006 (c. 46)
31.
Legal Services Act 2007 (c. 29)
32.
Postal Services Act 2011 (c. 5)
33.
Civil Aviation Act 2012 (c. 19)
Part 2 Amendments to other legislation
34.
Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
35.
In Article 63 (general restrictions on disclosure of information), in...
36.
(1) In Schedule 2 (orders altering licensable activities), paragraph 5...
37.
Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)
38.
(1) Article 5 (references: powers of investigation) is amended as...
39.
(1) Article 10 (Article 9: supplementary) is amended as follows....
40.
Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
41.
(1) Article 23 (references under Article 21: powers of investigation)...
42.
(1) Article 27 (CMA’s power of veto following report: supplementary)...
43.
In Article 265 (restrictions on disclosure of information), in paragraph...
44.
Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (S.I. 2011/2749)
45.
Postal Services Act 2011 (Disclosure of Information) Order 2012 (S.I. 2012/1128)
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