Consumer enforcement transparency consultation

We are inviting views on Transparency in Consumer Cases – Draft Updated Supplementary Note (the Draft Updated Supplementary Note) that provides information about the CMA’s approach to transparency in consumer enforcement cases, in particular the circumstances in which it may publicly name parties under investigation in such cases.

In the Draft Updated Supplementary Note, the CMA among other things states that it will normally expect to identify publicly all parties which are the subject of CMA consumer enforcement action in a case:

• other than in exceptional circumstances, when making any relevant case-opening and/or case update announcements
• when the CMA issues a consultation letter in the case
• when the CMA informs that party that it proposes to seek a court order to address identified consumer law infringements. The CMA would normally expect this to happen where that party has failed to provide suitable undertakings (under section 219 of the Enterprise Act 2002 (EA02) to address those identified infringements by a reasonable deadline notified to the party
• when the CMA makes an application for an enforcement order in civil consumer enforcement actions, and
• when the outcome of a case is announced.

The Draft Updated Supplementary Note will replace Transparency in Consumer Enforcement Cases – Supplementary Note and the approach proposed in it reflects the CMA’s experience in conducting consumer enforcement work to date as well as other relevant developments. It will supplement the guidance on the CMA’s broader approach to transparency in CMA6 Transparency and Disclosure: the CMA’s Policy and Approach and CMA58 Consumer Protection: Enforcement Guidance.

The CMA will publish a final version of the updated Draft Updated Supplementary Note, having taken into account comments received, alongside its existing consumer enforcement guidance, CMA58.

The consultation closed on 10 September 2020.