Consumer Protection

The UK Competition and Markets Authority (CMA) announced on Wednesday that it has opened three new consumer protection investigations into Trainline, Virgin Atlantic, and RED Driving School over concerns that mandatory fees were not included in the headline prices.[1]

2025 was a fascinating year for UK competition and consumer enforcement, with the CMA changing its policies and practices in a number of areas. Our Year in Review summarises the most important developments of the past year and what we expect in 2026, as the CMA implements its reworked procedures for merger and market cases, begins to use its new consumer fining powers, and imposes digital conduct requirements for the first time. We also anticipate a Government consultation on significant changes to the decision-making model for mergers and markets.

The Competition and Markets Authority (CMA) has launched a significant consumer protection drive targeting online pricing and sales practices across the economy. This represents the first major enforcement effort under the sweeping powers granted by the new Digital Markets, Competition and Consumers Act 2024 (DMCCA). For an overview of the changes brought in by the DMCCA, see our related blog post here.

The long-awaited consumer protection reforms brought by the Digital Markets, Competition and Consumers Act (DMCCA) are here and set to transform consumer protection in the UK. As of April 6, the CMA can directly enforce consumer law breaches, rather than having to go through the courts to establish an infringement. The CMA sees the changes brought about by the DMCCA as an “opportunity to do [our] consumer protection work more effectively, more quickly and—hopefully—with even better outcomes for people in the UK”.[1] The CMA’s goal is to establish a robust and independent consumer protection framework that not only shields UK consumers and builds their trust but also ensures fair competition by creating a level playing field for businesses. The expectation is that this dual approach of safeguarding consumer interests and promoting fair business practices will, in turn, boost both consumer and business confidence, ultimately driving growth within the UK economy and fostering effective competition.[2]

Summary

On December 19, 2024, the French Competition Authority (“FCA”) imposed fines totalling €611 million on 10 manufacturers and two distributors (selling primarily in brick and mortar stores) active in the household appliances sector for engaging in resale price maintenance (“RPM”) practices between February 2007 and December 2014 (the “Decision”).[1]  The FCA found that the companies coordinated prices to limit competition from online distributors for over seven years.  This is the second largest fine ever levied by the FCA regarding purely vertical practices and the highest fines ever imposed (in absolute terms) on distributors for RPM practices.  The FCA also ordered the publication of a summary of the Decision in the paper and online editions of Le Monde and Les Echos’newspapers. However, the FCA rejected the objection relating to a potential horizontal agreement between manufacturers of  small domestic appliances.

In this episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by a panel featuring Jackie Holland, Cleary partner and former Senior Director of the UK Office of Fair Trading; Ricardo Zimbrón, former Director of Mergers at the Competition & Markets Authority and currently a partner at Cleary; Alexander Baker, CEO, Fingleton; and John Gray, Partner, FGS Global, to discuss the implications of the new Labour Government for competition enforcement and practice in the UK. Their conversation covers an array of topics, including the new government’s growth agenda, the role of politics in antitrust enforcement, merger control, consumer protection, digital regulation, and much more.