The Competition and Markets Authority's Consultation on Draft Consumer Protection Enforcement Guidance (CMA 58ii)- Which? response

Which? welcomes this opportunity to respond to the CMA’s consultation on revised consumer protection enforcement guidance, taking into account the CMA’s new direct civil enforcement powers under the Digital Markets, Competition and Consumers (DMCC) Act 2024.

We generally support the guidance and think that it is clear and well-structured. However, at a time when the consumer landscape is facing a number of challenges, including increasingly strained and limited Trading Standards Services, we have suggested that some areas are expanded to explain how the CMA will operate and make effective use of its powers given this wider context, including: 

• how decisions are made about when action is likely to be precedent-setting; 
• how coordination with other enforcers and decisions about which authority is most appropriate to act can be made in a timely way that achieves an effective outcome;
• further clarity on how the CMA will work with international partners and deal with cross-border issues;
• how CMA published guidance relates to other guidance; and 
• how the CMA's other powers will be relevant, including references to its competition law powers, responding to super-complaints and the new Digital Markets Unit (DMU) regime.