CMA enforcement: what we can expect in 2025/26

On 6 April the CMA got its long-awaited new enforcement powers, allowing it to levy civil fines of up to 10% of group global turnover for all consumer protection breaches. The CMA has been pushing for these powers for years and when the legislation was first announced it was clear that the intention was to make use of them and quickly. But the world has changed, we have a new government with a new business growth agenda and unprecedented uncertainty which impacts on consumer confidence.

So what does this change mean in practice?

Firstly, it means a focus on areas of so-called essential spend, namely sectors that consumers need to engage with, which the CMA has expressly stated includes heating, housing and groceries.  

In terms of what the CMA will be specifically looking at in the next 12 months, attention is likely to be focused more on “egregious breaches” where the law is already clear. This will include in particular where consumers are being given objectively false information, or aggressive sales practices are being utilised to prey on vulnerable consumers. This suggests that dark patterns through the CMA’s existing online choice architecture enforcement program are likely still on the agenda – but perhaps with an increased focus on false information, and the exploitation of vulnerable consumers given the newly expanded definition under the Digital Markets, Competition and Consumers Act 2024 which now includes those subject to personal circumstances such as going through a divorce or losing a job.

Finally, the CMA has indicated a particular interest in “clearly imbalanced and unfair” contractual terms with consumers, with specific reference to unfair exit charges, which includes things like early termination fees and provisions that permit traders to retain sums paid by consumers for services not supplied before termination. This isn’t a new requirement, but demonstrates the CMA’s enhanced abilities to enforce not just the prohibited practices under the DMCCA but also previously existing consumer protection legislation such as the Consumer Rights Act 2015. This may also be a nod to the incoming subscription contract regime which is due to come into force in spring 2026.

So what’s this likely to mean in practice for enforcement in 2025 & 2026 by the CMA? Mills & Reeve have the following suggestions on what to look out for:

• As mentioned above, we expect enforcement to focus on businesses providing essential services such as housing and heating. So if you operate in these sectors, it’s particularly important to stay compliant and up-to-date with the latest developments.
• We anticipate that the CMA will be keen to demonstrate the importance of compliance with prohibited practices such as the posting and commissioning of fake reviews, which has now been explicitly included under the DMCCA and on which the CMA has already published final guidance. However, this is only likely to occur after the expiry of the enforcement grace period in July 2025. For more on reviews compliance, you can read our article here.
• We’re expecting some new simpler guidance on displaying prices online and avoiding drip pricing sometime in the autumn. Making sure that you stay up-to-date with this new guidance and implementing it in a timely way will be important. The CMA has confirmed that it won’t seek to enforce some of the more contentious provisions in their original draft guidance until this new guidance has been published, on which it is proposing to consult further this summer. However, it’s also confirmed that in the meantime it will still be looking to enforce clear breaches where traders seek to hide mandatory fees until late in the purchase process.
• Online choice architecture (aka dark patterns) clearly continues to be a focus but we expect it to focus more tightly on examples of demonstrably false information. The same may be true for the greenwashing enforcement agenda, another area of keen interest for the CMA.
• Particular care should be taken in drafting consumer terms in light of the repeated reference by the CMA to focus on unfair terms. So for businesses that sell to consumers, and particularly those selling online, now is a good time to review those terms.