Brace for Action: CMA to Start Enforcing New Consumer Law Powers
July 08, 2025
Brace for Action: CMA to Start Enforcing New Consumer Law PowersJuly 08, 2025 On 6 April 2025, the Competition and Markets Authority (“CMA”) gained significant new consumer enforcement powers under the Digital Markets, Competition and Consumers Act 2024 (the “DMCC”). These powers mark a major shift in the UK’s consumer enforcement landscape, aligning the CMA’s consumer remit more closely with its competition enforcement toolkit. For the first time, the CMA can directly determine breaches of consumer law and impose substantial penalties, without needing to go through the courts. This is part of a wider global trend in consumer enforcement by competition authorities. Now, three months into the new regime, businesses should be aware that the CMA is preparing to actively use these powers. In its Consumer Approach Guidance (“Guidance”), the CMA made clear that it will not delay in taking action where it sees serious harm to consumers, particularly in areas of essential household spending or where practices are clearly unlawful. In this briefing, we look ahead and set out what cases the CMA is likely to prioritise in the coming months. What will be enforced?In the first 12 months, the CMA has signalled it will focus on conduct that causes the greatest harm to consumers and clear-cut breaches especially where businesses have failed to heed previous warnings or guidance. This approach allows the CMA to establish early deterrents while giving businesses time to adjust in areas where the law is less settled. The CMA will prioritise:
For new or more ambiguous areas of law, the CMA is expected to take a more measured approach, likely issuing warnings or guidance before launching formal investigations. This reflects a recognition that businesses need time to adapt to the new regime, especially where case law is limited and the legal boundaries are still evolving. How will this be enforced?The CMA is under pressure to demonstrate pace, predictability, proportionality, and procedural clarity under its new “4Ps” framework. As such, it is likely to prioritise enforcement in cases with a direct and tangible impact on consumers, particularly in sectors involving essential spend, such as heating, groceries and housing. What are the consequences?In most cases, the CMA is expected to prioritise: consumer redress, ensuring that affected individuals are compensated or otherwise made whole; and forward-looking remedies, such as commitments or undertakings to secure future compliance.
Importantly, the CMA will take into account any voluntary redress schemes or meaningful remedial actions taken by a business when assessing the appropriate level of penalty. This creates a strong incentive for businesses to act swiftly and transparently if problems are uncovered. When will enforcement start?Enforcement is expected to start soon. With the CMA’s enhanced enforcement capabilities now active, [and with new powers coming into force over the next few months], businesses must act swiftly to align with the new regulatory landscape. Key recommended actions include:
Taking these steps now can help avoid enforcement action, reduce reputational risk, and demonstrate a commitment to fair treatment of consumers under the new regime. What to do if the CMA comes knocking?
Other jurisdictionsThe CMA is not alone in bringing in these types of changes. A number of other national competition authorities in the EU have already combined competition and consumer enforcement powers (including the Dutch Authority for Consumers and Markets, the Hungarian Competition Authority and the Irish Competition and Consumer Protection Commission) and can also impose fines or impose obligations to stop the unlawful conduct in both areas. Latest Insights
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