DMCCA 2024

s.101 Rights to enforce requirements of this Part

s.102 Treatment of CMA breach decisions etc

s.103 Applications for review etc

s.104 Extension etc of periods

s.105 Extensions: supplementary

s.106 Exercise and delegation of functions

s.107 Coordination with relevant regulators Regulated

Other duties (1) — Crown / regulator

CMA must consult FCA, Ofcom, ICO, Bank of England and PRA before exercising digital markets functionsStatutory regulator

s.108 Recommendations to the CMA

s.109 Information sharing

s.110 Power to charge levy

s.111 Extra-territorial application

s.112 Defamation

s.113 Consultation and publication of documents Regulated

Other duties (1) — Crown / regulator

CMA must consult and publish documents onlineStatutory regulator

s.114 Guidance Regulated

Other duties (1) — Crown / regulator

CMA must publish guidance on exercising its consumer protection functionsStatutory regulator

s.115 Protected disclosures

s.116 Restriction on disclosure orders

s.117 Groups

s.118 General interpretation

s.119 Removal of requirement for agreements etc to be implemented in the UK

s.120 Repeal of exclusions relating to the European Coal and Steel Community

s.121 Duty to preserve documents relevant to investigations Regulated

Do not destroy or conceal documents relevant to CMA investigationsAny Person

s.122 Production of information authorised by warrant

s.123 Additional powers of seizure from domestic premises

s.124 Standard of review on appeals against interim measures directions

s.125 Declaratory relief

s.126 Exemplary damages

s.127 Relevant merger situations and special merger situations

s.128 Fast-track references under sections 22 and 33 of EA 2002

s.129 Mergers of energy network enterprises

s.130 Mergers involving newspaper enterprises and foreign powers

s.131 Mutual agreements to extend time-limits: duty to make reference cases

s.132 Mutual agreements to extend time-limits: public interest cases

s.133 Publication of merger notices online

s.134 Market studies: removal of time-limit on pre-reference consultation

s.135 Power to make a reference after previously deciding not to do so

s.136 Scope of market investigations

s.137 Acceptance of undertakings at any stage of a market study or investigation

s.138 Final undertakings and orders: power to conduct trials

s.139 Duty of CMA to monitor undertakings and orders

s.140 Taking action in relation to regulated markets

s.141 Production of information authorised by warrant

s.142 Attendance of witnesses etc

s.143 Civil penalties etc in connection with competition matters

s.144 Service and extra-territoriality of notices under CA 1998 and EA 2002

s.145 Orders and regulations under CA 1998 and EA 2002

s.146 Meaning of “working day” in Parts 3 and 4 of EA 2002

s.147 Overview

s.148 Relevant infringements

s.149 The UK connection condition

s.150 The specified prohibition condition

s.151 Enforcers

s.152 Designation criteria

s.153 Applications

s.154 CMA directions to other enforcers Regulated

Other duties (1) — Crown / regulator

CMA can direct which enforcer may pursue an enforcement orderStatutory regulator

s.155 Consultation

s.156 Enforcement orders and undertakings

s.157 Enforcement orders and undertakings: enhanced consumer measures

s.158 Enforcement orders: requirement to pay monetary penalty

s.159 Interim enforcement orders and undertakings Regulated

Comply with interim enforcement orders to stop infringing practices immediatelyTrader

s.160 Applications

s.161 Online interface orders

s.162 Interim online interface orders

s.163 Acceptance of undertakings by enforcers Regulated

Other duties (1) — Crown / regulator

CMA must keep records of undertakings accepted from businessesStatutory regulator

s.164 Undertakings under section 163: enhanced consumer measures

s.165 Undertakings under section 163: procedural requirements Regulated

Other duties (1) — Crown / regulator

CMA must notify and consider representations before varying or releasing undertakingsStatutory regulator

s.166 Consumer protection orders or undertakings to court: further proceedings

s.167 Undertakings to public designated enforcers: further proceedings

s.168 Monetary penalties under sections 166 and 167: amount Prosecution

Fail to comply with consumer protection undertaking or orderTrader

Fine up to £150,000 · amended 2 times (opens in a new tab)

s.169 Notification requirements: applications Regulated

Other duties (1) — Crown / regulator

Non-CMA enforcers must notify CMA before applying for consumer protection ordersLocal authority

s.170 Notification requirements: undertakings Regulated

Other duties (1) — Crown / regulator

Non-CMA enforcers must notify CMA when accepting undertakingsLocal authority

s.171 Notification requirements: proceedings Regulated

Other duties (1) — Crown / regulator

Local weights and measures authority must notify CMA before starting proceedingsLocal authority

s.172 Notification requirements: convictions and judgments

s.173 Appropriate court

s.174 Effect of orders in other parts of the United Kingdom

s.175 Evidence

s.176 Interconnected bodies corporate

s.177 Enhanced consumer measures: private designated enforcers

s.178 Substantiation of claims

s.179 Crown application

s.180 Power of CMA to investigate suspected infringements

s.181 Provisional infringement notice

s.182 Final infringement notice

s.183 Final infringement notice: directions to take enhanced consumer measures

s.184 Online interface notices

s.185 Undertakings

s.186 Effect of undertakings under section 185

s.187 Undertakings under section 185: procedural requirements Regulated

Other duties (1) — Crown / regulator

CMA must notify and consider representations before varying or releasing undertakingsStatutory regulator

s.188 Provisional breach of undertakings enforcement notice

s.189 Final breach of undertakings enforcement notice

s.190 Monetary penalties under section 189: amount Regulated

Fail to comply with breach of undertakings enforcement noticeAny Person

s.191 Provisional breach of directions enforcement notice

s.192 Final breach of directions enforcement notice

s.193 Monetary penalties under section 192: amount Prosecution

Breach of CMA directions enforcement notice — monetary penaltyTrader

Fine up to £150,000 · amended 2 times (opens in a new tab)

s.194 Powers of court to enforce directions

s.195 Substantiation of claims

s.196 Variation or revocation of directions Regulated

Other duties (1) — Crown / regulator

CMA must give notice before varying or revoking enforcement directionsStatutory regulator

s.197 Provisional false information enforcement notice

s.198 Final false information enforcement notice

s.199 Statement of policy in relation to monetary penalties Regulated

Other duties (1) — Crown / regulator

CMA must publish and follow penalty policy statementStatutory regulator

s.200 Interconnected bodies corporate

s.201 Record-keeping and reporting requirements Regulated

Other duties (1) — Crown / regulator

CMA must keep records and report on undertakings and enforcement directionsStatutory regulator

s.202 Appeals

s.203 Information to accompany orders or notices imposing monetary penalties

s.204 Determination of turnover

s.205 Power to amend amounts

s.206 Recovery of monetary penalties

s.207 Monetary penalties: further provision

s.208 Investigatory powers of enforcers

s.209 Powers to amend Schedule 15 and Schedule 16

s.210 Rules

s.211 Procedural requirements for making of rules

s.212 Guidance Regulated

Other duties (1) — Crown / regulator

CMA must publish guidance on its enforcement approachStatutory regulator

s.213 Defamation

s.214 Minor and consequential amendments relating to this Part

s.215 Transitional and saving provision relating to this Part

s.216 Enforcement of requirements relating to secondary ticketing

s.217 Supply of goods or digital content

s.218 Supply of services

s.219 Accessories

s.220 Special relationships

s.221 Enhanced consumer measures

s.222 Other interpretative provisions

s.223 Index of defined expressions

s.224 Overview

s.225 Prohibition of unfair commercial practices Regulated

Do not use unfair commercial practicesTrader

s.226 Misleading actions

s.227 Misleading omissions

s.228 Aggressive practices

s.229 Contravention of the requirements of professional diligence

s.230 Omission of material information from invitation to purchase

s.231 Public enforcement Regulated

Other duties (1) — Crown / regulator

Local weights and measures authorities must enforce unfair commercial practice prohibitionsLocal authority

s.232 Rights of redress

s.233 Rights of redress: further provision

s.234 Enforcement of rights of redress

s.235 Relationship between rights of redress and other claims relating to prohibited practices

s.236 Inertia selling

s.237 Offences Imprisonment

Engage in unfair commercial practiceTrader

2 years imprisonment · amended 2 times (opens in a new tab)

s.238 Defence of due diligence and innocent publication

s.239 Offences: criminal liability of others

s.240 Penalty for offences

s.241 Time limit for prosecution

s.242 Powers to amend this Chapter

s.243 Crown application

s.244 Validity of agreements

s.245 Meaning of “transactional decision”

s.246 Meaning of “average consumer”: general

s.247 Meaning of “average consumer”: vulnerable persons

s.248 Meaning of “product”

s.249 General interpretation

s.250 Index of defined terms

s.251 Consequential amendments relating to this Chapter

s.252 Transitional and saving provision relating to this Chapter

s.253 Overview

s.254 Meaning of “subscription contract”

s.255 Excluded contracts

s.256 Pre-contract information Regulated

Give pre-contract information before starting a subscriptionTrader

s.257 Pre-contract information: additional requirements Regulated

Provide pre-contract information and payment acknowledgment for subscription contractsTrader

s.258 Reminder notices Regulated

Send reminder notices to subscription customers every 6 monthsTrader

s.259 Content and timing etc of reminder notices Regulated

Send reminder notices before subscription renewal paymentsTrader

s.260 Arrangements for consumers to exercise right to end contract Regulated

Make it easy for consumers to cancel subscription contractsTrader

s.261 Duties of trader on cancellation or end of subscription contract Regulated

Acknowledge subscription cancellations and refund overpaymentsTrader

s.262 Terms implied into contracts

s.263 Right to cancel for breach of implied term

s.264 Right to cancel during cooling-off periods

s.265 Meaning of “initial cooling-off period” and “renewal cooling-off period”

s.266 Cooling-off notice Regulated

Give consumers a cooling-off notice when subscription contracts renewTrader

s.267 Cancellation of subscription contract: further provision

s.268 Offence of failing to provide information about initial cooling-off rights Prosecution

Fail to provide information about initial cooling-off rightsTrader

Unlimited fine · amended 1 time (opens in a new tab)

s.269 Defence of due diligence

s.270 Offences by officers of a body corporate etc

s.271 Penalty for offence and enforcement

s.272 Information and notices: timing and burden of proof Regulated

Provide subscription information clearly and keep proof of sendingTrader

s.273 Terms of a subscription contract which are of no effect

s.274 Other remedies for breach by trader

s.275 Application of this Chapter Regulated

Provide pre-contract information when an excluded contract becomes a subscription contractTrader

s.276 Crown application

s.277 Power to make further provision in connection with this Chapter

s.278 Consequential amendments to the Consumer Rights Act 2015

s.279 Other consequential amendments

s.280 Interpretation

s.281 Index of defined expressions

s.282 Meaning of “consumer savings scheme contract”

s.283 Other defined terms

s.284 Excluded arrangements

s.285 Insolvency protection requirement Regulated

Maintain insolvency protection for consumer savings schemesTrader

s.286 Insurance arrangements Regulated

Maintain approved insurance to protect consumer payments if your business goes bustTrader

s.287 Trust arrangements Regulated

Hold consumer savings scheme payments on trust with independent trusteesTrader

s.288 Information requirements Regulated

Provide protection scheme information to consumer savings scheme customersTrader

s.289 Consequential amendments

s.290 Interpretation

s.291 Meaning of “ADR” and related terms

s.292 Other definitions

s.293 Prohibitions relating to acting as ADR provider Regulated

Do not act as an ADR provider unless exempt or accreditedAny Person

s.294 Prohibitions relating to charging fees to consumers Regulated

ADR providers must not charge consumers fees unless conditions metAny Person

s.295 Exempt ADR providers

s.296 Applications for accreditation or variation of accreditation

s.297 Determination of applications for accreditation or variation of accreditation

s.298 Revocation or suspension of accreditations etc

s.299 Fees payable by accredited ADR providers Regulated

Pay prescribed fees to the Secretary of State as an accredited ADR providerAny Person

s.300 ADR fees regulations

s.301 Accreditation criteria

s.302 Enforcement notices

s.303 ADR information regulations

s.304 ADR information directions

s.305 Disclosure of ADR information by the Secretary of State

s.306 Meaning of “ADR information” and other terms in

s.307 Power to provide for other persons to have accreditation functions etc

s.308 Duty of trader to notify consumer of ADR arrangements etc Regulated

Tell consumers about ADR schemes when responding to complaintsTrader

s.309 Consequential amendments etc relating to this Chapter

s.310 Transitional provision relating to this Chapter

s.311 Provision of information about competition in connection with motor fuel

s.312 Penalties for failure to comply with notices under section 311 Regulated

Fail to comply with CMA information notice (motor fuel)Any Person

s.313 Procedure and appeals

s.314 Statement of policy on penalties Regulated

Other duties (1) — Crown / regulator

CMA must publish and follow a penalty policy statementStatutory regulator

s.315 Offences etc Prosecution

Destroy requested records or provide false information to the CMAAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.316 Penalties under section 312 and offences under section 315

s.317 Information sharing

s.318 Expiry of this Chapter

s.319 Provision of investigative assistance to overseas regulators

s.320 Requests for investigative assistance Regulated

Other duties (1) — Crown / regulator

Overseas regulators must make written requests for investigative assistanceStatutory regulator

s.321 The appropriateness of providing investigative assistance Regulated

Other duties (1) — Crown / regulator

CMA must assess appropriateness of assisting overseas regulatorsStatutory regulator

s.322 Authorisation of the provision of investigative assistance

s.323 Notifications in respect of requests for investigative assistance Regulated

Notify the Secretary of State and requesting body about investigative assistance requestsAny Person

s.324 Guidance in connection with investigative assistance Regulated

Other duties (1) — Crown / regulator

CMA must publish guidance on investigative assistance requestsStatutory regulator

s.325 Amendments to other legislation

s.326 Disclosing information overseas

amended 6 times (opens in a new tab)

s.327 Duty of expedition on the CMA and sectoral regulators

s.328 Offenders assisting investigations and prosecutions: powers of the CMA

s.329 Removal of limit on the tenure of a chair of the Competition Appeal Tribunal

s.330 Interpretation

s.331 Data protection

s.332 Notices

s.333 Consultation

s.334 Financial provision

s.335 Minor and consequential amendments

s.336 Power to make further consequential provision

s.337 Regulations

s.338 Extent

s.339 Commencement

s.340 Short title