Key takeaways
Transparency failures can trigger CMA action
Ticketing probe highlights risks of unclear pricing.
DMCCA sets new standards for fairness
Misleading or aggressive practices now carry penalties.
Businesses must audit and adapt quickly
Review consumer journeys and update policies now.
The DMCCA in action
Lessons from the Oasis ticketing probe for consumer-facing businesses
Whilst fans of Oasis are revelling in the nostalgia of the event of the summer they thought that they would never see, the Competition and Markets Authority (CMA) are busy investigating concerns regarding Ticketmaster’s ticket sales for the sellout concerts.
The apparent focus of their investigation is that they do not consider customers were given sufficiently clear information as to categories of standing tickets which were sold at different prices. In addition, tickets referred to as ‘platinum ‘which carried a higher price tag were sold without sufficient explanation of the additional benefit they provided which may have misled fans into believing that they were purchasing better tickets than may have actually been the case.
The Digital Markets Competition and Consumers (DMCC) Act 2024 came into force on 6th April 2025. These provisions replace and update the existing Consumer Protection from Unfair Trading Regulations 2008 (CPUTRs), with some noteworthy changes. They apply to the commercial dealings that businesses, who are referred to in the unfair commercial practice (UCP) provisions as ‘traders’, have with consumers.
These dealings are called ‘commercial practices’ which include anything traders do, that could in some way affect consumers and the decisions they take.
A person is a ‘trader’ if they conduct activities relating to their own business or on behalf of another person’s business. This definition also extends to agents, subcontractors, representatives or other associates of the trader. So, whether you run a retail shop, an online store, or a service-based business, the DMCC Act affects how you market, sell, and communicate with customers.
What is a Commercial Practice?
A commercial practice is an act or omission by a trader relating to the promotion or supply of—
the trader’s product to a consumer;
another trader’s product to a consumer; or
a consumer’s product to the trader or another person
The provisions prohibit unfair commercial practices, the most common of which are:
Practices which are always considered to be unfair: and
Practices that are only unfair if they cause the ‘average consumer’, (and/or vulnerable or targeted consumer) to take a transactional decision they would not have otherwise taken. As we have seen illustrated by allegations relating to the Ticketmaster investigation.
The CMA can investigate and penalise breaches of the DMCC Act by way of a civil penalty without court approval and, as direct fining authority, can impose fines of up to £300,000, or10% of global annual turnover, whichever is the higher.
Categories of Unfair Commercial Practices (UCP)
Banned practices
The DMCC Act lists 32 banned commercial practices which are specifically considered to be unfair; as noted above, other commercial practices will only be unlawful if they are likely to cause the average consumer to take a transactional decision that they would not have taken otherwise. These include, but are not limited to, behaviours such as:
Misleading claims about the nature, composition, or benefits of a product.
Falsely stating that a product will only be available for a limited time to pressure a purchase.
Making persistent and unwanted solicitations by phone, fax, email, or other remote media.
Submitting or commissioning fake reviews.
Omission of material information from an invitation to purchase
Invitations to purchase give information to consumers which indicates the characteristics of a product and its price, enabling them to take a transactional decision in relation to the product. For example, an item listing on the website of an online marketplace.
Failure to give the required material information clearly, in a timely manner, in a way that the consumer is likely to see it is unlawful regardless of whether that is likely to affect a consumers’ decision.
‘Drip pricing’, when a business advertises a headline price but gradually reveals additional mandatory fees during the buying process, making the final cost higher than initially shown, is prohibited. All mandatory costs must be clearly disclosed upfront.
Misleading actions
Traders should not give consumers information which is objectively false. Any factual claims made by a trader about a product should be supported by evidence.
Traders should not provide misleading information relating to a product, a trader or any other matter relevant to a transactional decision. This requirement includes true information which is presented in misleading manner likely to cause the average consumer to take a different decision.
Misleading omissions
The following misleading omissions are prohibited if the average consumer is likely to take a different decision as a result:
omitting material information.
omitting information which the trader is required under any legislation to give to a consumer as part of the practice.
failing to identify their trader’s commercial intent unless it is already apparent from the context. E.g. an online influencer using a product during the video for which they have been paid, and encouraging followers to purchase the product, without making clear it was a paid advertisement.
Omitting information includes not giving it at all as well as giving it in a way that is unclear, untimely or such that the consumer is unlikely to see it.
Aggressive Practices
Three types of aggressive practices are prohibited:
harassment
coercion, including the use or threat of physical force.
undue influence i.e. exploiting a position of power so as to apply pressure which limits the consumer’s ability to make an informed decision.
Contravention of the requirements of professional diligence
Professional diligence means acting with the level of care, skill, and honesty that a responsible trader would exercise, commensurate with honest market practice and the general principle of good faith within the trader’s area of business.
Promoting unfair commercial practices in codes of conduct
Any person who is responsible for the content of, or for monitoring compliance with, a code of conduct must not promote unfair commercial practices.
A code of conduct is an agreement or set of rules which defines the behaviour of traders who choose to be bound by it.
This prohibition will be infringed where a person responsible for a code of conduct promotes a practice that is unfair as determined by one (or more) of the other UCP prohibitions.
Offences relating to unfair commercial practices
Breaching certain UCP provisions can be a criminal offence, the penalty for which on conviction can include a fine and up to two years imprisonment, or both.
The DMCC Act includes further requirements in relation to subscription contracts, due to come into to force in Spring 2026. which requires clear pre-contract information, reminder notices before renewal and simple cancellation mechanisms.
Key actions for businesses
Some might say that the DMCC Act places a heavy regulatory burden upon businesses by the complexity and cost of compliance, and the risk of severe financial penalties which can be imposed without the need to go through the Courts.
In order to ensure robust compliance, we recommend that businesses should:
Conduct a Compliance Audit- Review consumer journeys, pricing disclosures, review mechanisms, and subscription flows.
Update Policies and Contracts- Ensure terms and conditions, marketing materials, and environmental claims are legally compliant.
Staff Training-Educate relevant teams on new obligations and enforcement risks.
Monitor CMA Guidance-Stay updated on enforcement priorities and sector-specific guidance.
Businesses who offer subscriptions must consider how they will comply with the forthcoming requirements
The message is coming loud and clear, retailers have little choice but to acquiesce to the changes brought about by DMCC, as failure to do so comes at a significant cost. Fairness and transparency are key to long-term customer loyalty and brand reputation. It is crucial that, if your business has not already reviewed its commercial practices, it should do so without further delay. Don’t look back in anger once the CMA come knocking.
