In this article, we explore the enforcement powers granted to the CMA following the enactment of the Digital Markets, Competition and Consumers Act 2024 (DMCCA).
The DMCCA became law on the 24th May 2024 after it received Royal Assent. Prioritising consumer protection and promoting fair competition, the DMCCA contains significant changes to consumer law and the regulation of unfair commercial practices (UCPs).
The new consumer regime focuses on creating a fairer competition landscape for businesses, and looks to increase consumer confidence, promoting free and informed choices.
What enforcement powers do the CMA have?
The DMCCA introduces new enforcement powers for the CMA. Previously, the CMA’s enforcement process involved applications to the courts under the Enterprise Act 2002. The CMA’s investigation powers were limited to information requests and court approved action.
Now, the CMA are able to take direct action when consumer law is breached. Such action includes the issuing of fines up to 10% of a business’ global turnover. Importantly, the CMA can issue notices and enforce without court approval. It is therefore anticipated that the introduction of direct enforcement powers will make the process quicker, reducing procedural hurdles.
What have the CMA done so far?
One of the areas the CMA have focused on is fake reviews. The CMA published fake review guidance in April 2025 and allowed a 3-month adjustment period for businesses to review the guidance and implement changes where necessary.
When the 3-month period ended, the CMA conducted a review, or sweep, of over 100 websites to assess compliance with the fake review requirements. More than half of the businesses reviewed by the CMA failed to meet the necessary requirements, including:
- A lack of clear prohibition of fake reviews
- Polices were non-existent or difficult to locate
- Incentivised reviews were not covered in policies
In response, the CMA is writing to the businesses that fell short and asking that they respond regarding changes made.
This is an example of the CMA’s initial engagement with consumer law compliance.
What guidance have the CMA shared?
The CMA have published a number of guidance documents and updates regarding the changes introduced by the DMCCA and their approach to enforcement.
With regard to enforcement and procedure, the CMA published guidance on how the CMA uses its direct consumer enforcement powers, available here.
What should I do in response to the DMCCA?
In the first instance, businesses should ensure they are aware of the key changes and requirements of the DMCCA. We recommend that businesses then review their current processes, including websites, purchase journeys and advertising (including review information) to ensure that the requirements of the DMCCA are being met. Each business is different, so we recommend seeking legal advice to assist with this process.
Stephens Scown offer a Commercial Practices Purchase Journey Audit which enables businesses to have their websites audited in light of the DMCCA requirements. You can find out more about this offering here.
If you would like to discuss any aspect of this article further, please get in touch with our Intellectual Property, Data Protection and Technology team or call us on 0345 540 5558.