Introduced just over a year ago, the Competition and Markets Authority’s (CMA) 4P framework has quickly become something of a North Star: a fixed reference point guiding how the CMA deploys its powers. Designed to build confidence in the CMA’s internal decision-making and to underscore its continued commitment to champion economic growth, the principles of “pace, proportionality, predictability and process” are now laced throughout the CMA’s activities. In the consumer sphere, however, one “P” appears to be shining particularly brightly: pace.
Aligning the stars
The Digital Markets Competition and Consumers Act (DMCCA) granted the CMA direct, and tough consumer enforcement powers. The CMA can now investigate, determine and impose hefty sanctions on businesses that breach consumer protection rules, without having to go to court first. As is the case under the UK’s competition law regime, the CMA can now impose fines of up to 10% of global annual turnover for infringements of the consumer protection rules. Just over a year since those powers went live, and the CMA has wasted no time in using them.
Since April 2025, the CMA has now launched 16 consumer law investigations, covering a wide range of sectors and conduct:
- November 2025: the CMA announced a “major package of action”, which included investigations into eight businesses to clamp down on illegal online pricing practices (such as drip pricing – the illegal practice of only introducing mandatory fees late in an online purchasing journey) and pressure selling tactics. This followed a major CMA-led review of more than 400 businesses across 19 sectors to assess compliance with price transparency rules under the DMCCA.
Investigations involving StubHub, viagogo, Gold’s Gym, AA Driving School and BSM Driving School all focus on the presentation of mandatory fees associated with the products and/or services they sell. The investigations into homeware retailers Wayfair, Appliances Direct and Marks Electrical examine whether time-limited sales ended when advertised, or whether customers were being automatically opted into purchasing additional, optional services.
- March 2026: The CMA opened three further strands of investigations in March 2026. First, in response to consumer concerns about the rising price of heating oil amidst the Middle East conflict, the CMA undertook to engage with heating oil suppliers and intermediaries to consider whether retailers’ conduct raises consumer protection law concerns. Second, the CMA opened its first standalone case under the new regime to examine whether Adobe’s early cancellation fees are unfair and misleading. Finally, the CMA also opened a second batch of “group cases”, this time focusing on the fake and misleading customer review rules under the DMCCA. The investigations into both Autotrader and Feefo relate to their treatment of negative reviews, and whether such reviews were appropriately disclosed to customers. Dignity and Pasta Evangelists are being investigated for how they include or present staff and incentivised reviews to consumers. Just Eat faces an investigation into whether its rating system unduly inflates certain restaurant and grocer’s star ratings.
- June 2026: The CMA opened its second standalone case under the new regime, this time to investigate the charges imposed by Ryanair that parents must pay to sit with their children on flights.
Stellar resolutions
There is no fixed statutory deadline by which the CMA must conclude a consumer law investigation. But, if the speed in which these cases have been opened is striking, the pace at which the CMA appears determined to resolve them is equally notable.
- In April 2025, a mere 5 months since opening the investigation, the CMA issued its first substantive fine under the new regime when it settled its drip pricing investigation into AA Driving School and BSM Driving School (AA). AA was ordered to pay a fine of £4.2million (reduced by over 40% to account for AA’s amenability to early resolution of the case); and issue refunds totalling £760,000 to more than 80,000 customers affected by the late disclosure of its mandatory £3 booking fee.
- June 2026 has already seen settlements in two of the other cases launched in November 2025. Marks Electrical was fined £720,000 and ordered to refund around £600,000 to 40,000 customers that were charged for extra, optional services without their express agreement. StubHub was fined £900,000 and ordered to refund more than £590,000 to 50,000 customers affected by the late disclosure of mandatory delivery and service fees related to ticket sales. Both Marks Electrical and StubHub also benefitted from a 40% reduction to their respective fines given their cooperation and early settlement.
The other investigations remain ongoing – although updates are expected from the CMA over the next few months.
Overall, the CMA has opened consumer investigations at a rate of just over one per month since the launch of the DMCCA regime. It has already resolved three of its 16 investigations, resulting in substantive fines of more than £5.8m and securing refunds to around 170,000 UK customers totalling close to £2m. Quite a feat in just over a year.
Star-gazing for the future?
So, on the basis of this rapid enforcement record to date, what has already become predictable about the CMA’s likely next steps?
- First, early and constructive engagement with the CMA generates tangible results. It can lead to prompt resolution and discounted (albeit, still hefty) fines. A failure to engage – even at the information gathering stage of the process – can attract the ire of the CMA. Just ask Euro Car Parks.
- Second, the CMA is largely “sector-agnostic”; but it will continue to target conduct – particularly that relates to pricing – that affects everyday consumer spending. Food, homeware, holidays, fitness and energy have already featured prominently, suggesting that the CMA will continue to direct its focus where the impact on ordinary household budgets is greatest.
- Finally, there is little sign of slowdown. If the first year of the new regime is any indication, there is much more to come, and it will come quickly. The time to ensure your house is in order is now.
Amy McMeekin
