The Competition and Markets Authority (CMA) has started a consultation on draft guidance on the protection from unfair trading provisions in the Digital Markets, Competition and Consumers (DMCC) Act 2024.
Chapter 1 of Part 4 of the DMCC Act includes provisions on unfair commercial practices that replace and update the Consumer Protection from Unfair Trading Regulations 2008.
The DMCC Act was passed by Parliament on 24 May 2024. However, the unfair commercial practices provisions will not come into force until the government sets a date by means of a statutory instrument. The new provisions will only relate to acts or omissions that take place on or after that date.
The CMA has now produced draft guidance on the new provisions. Once it is finalised, this will replace the current guidance.
The draft guidance illustrates how the unfair commercial practice provisions may apply in practice. For instance, it includes explanations and examples of commercial practices that will be prohibited in all circumstances. This includes prohibiting ‘drip pricing’ of mandatory charges and banning fake consumer reviews.
The CMA is consulting on the draft guidance with the consultation closing on 22 January 2025.
Once the consultation is complete, the CMA will consider the feedback it receives and then publish its final guidance.
To see the draft guidance and participate in the consultation, please follow the link below:
