CMA Consultation on Consumer Protection Enforcement Guidance

Summary

Which? generally supports 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, Which? suggests 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.