Thank you to everyone who attended our webinar on what to do if the CMA comes calling - we had a fantastic turnout and lots of questions! We really appreciated your time and engagement.
Whether or not you managed to join us live, you can catch up with the recording here.
SUMMARY OF THE KEY POINTS
Don't wait – plan now
Our key message was simple: don't wait until the CMA comes knocking. Start thinking now about how you'd respond, and put plans in place.
With the introduction of the Digital Markets, Competition and Consumers Act 2024, the CMA now has significantly enhanced enforcement powers. It can decide for itself whether there's been a breach of consumer law – so businesses need to be ready.
Where the CMA is focusing
We talked through the CMA's current priorities. It's already made clear that it's particularly interested in:
- Fake reviews
- Drip pricing
- Aggressive sales tactics
- Objectively false claims (including green and urgency claims)
- Unfair or unbalanced consumer terms
It's also likely to focus on sectors involving essential consumer spend – like food, drink and clothing.
The CMA gathers intelligence from a range of sources: test purchases, website sweeps, other regulators, trading standards, and direct complaints from consumers and businesses.
A faster enforcement process
The new process is quicker and more direct. There are four stages:
- Pre-launch
- Investigation
- Provisional Infringement Notice (PIN)
- Final Infringement Notice (FIN) and appeal
Timelines are tight – around six months from case opening to final notice – and businesses usually have just 20–30 working days to respond to a PIN.
If the CMA shows interest in your business
If the CMA gets in touch, it will expect swift responses. Delays due to staff leave or overseas entities won't be accepted. That's why it's crucial to have clear internal processes to locate and provide the information they request.
Even if you're confident in your compliance, you may still be contacted – for example, as a supplier or competitor. So it's important to be prepared.
Make sure your teams are trained – especially those monitoring public-facing inboxes – so they know how to spot and escalate CMA communications.
Also, be ready to manage media interest. The CMA may publicise investigations before any wrongdoing is proven, so a comms strategy is essential.
Planning for a CMA visit
If the CMA visits in person, it may not be a literal "dawn raid", but you still need a plan. Think about:
- Who will greet them;
- Who will assist with IT access;
- Who will shadow them and record what they review or take.
Consider legal privilege and confidentiality. You'll still need to disclose confidential information, but mark it clearly. And remember: there's a balance between cooperation and oversharing.
How to be prepared
We shared several practical tips to help you stay ahead:
- Audit your consumer journeys for compliance – especially reviews, pricing, discounts and terms;
- Review customer complaints for patterns – and respond proactively;
- Pay attention to ASA rulings – the CMA works closely with other regulators; and
- Follow CMA guidance – they're more likely to pursue businesses that ignore it.
These steps will help you understand the CMA's approach, prepare for potential investigations, and respond effectively if contacted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
