Act of Parliament | |
Long title | An Act to provide for the regulation of competition in digital markets; to amend the Competition Act 1998 and the Enterprise Act 2002 and to make other provision about competition law; to make provision relating to the protection of consumer rights and to confer further such rights; and for connected purposes. |
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Citation | 2024 c. 13 |
Introduced by | Kemi Badenoch, Secretary of State for Business and Trade (Commons) The Lord Offord of Garvel, Parliamentary Under-Secretary of State for Exports (Lords) |
Dates | |
Royal assent | 24 May 2024 |
Other legislation | |
Amends | |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Text of the Digital Markets, Competition and Consumers Act 2024 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Digital Markets, Competition and Consumers Act 2024 (c. 13) is an act of the Parliament of the United Kingdom. [1] It amends the Competition Act 1998 and the Enterprise Act 2002. [1]
A government press release described it as an act to "stamp out unfair practices and promote competition in digital markets". [2] The act also introduced significant reforms to the enforcement of consumer protection laws. The act further bans subscription traps, fake reviews and drip pricing. [3] [4] Amendments at Third Reading in the House of Lords banned foreign states from having control or influence in the UK media.
The act gives statutory definitions to different things including subscription contracts. [5]
In respect of digital markets regulation, it is the British counterpart to the European Union's Digital Markets Act and empowers the Competition and Markets Authority (which has established a Digital Markets Unit) to regulate firms designated as having "strategic market status".
The bill for the act passed Third Reading in the Lords on 26 March 2024, and received royal assent on 24 May 2024. Other than administrative provisions, it will not come into effect until the Secretary of State signs a commencement order. [6]
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust law enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC.
The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974, which was renamed the Competition and Consumer Act 2010 on 1 January 2011. The ACCC's mandate is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour.
Negative option billing is a business practice in which customers are given goods or services that were not previously ordered, and must either continue to pay for the service or specifically decline it in advance of billing.
Price gouging is a pejorative term used to refer to the practice of increasing the prices of goods, services, or commodities to a level much higher than is considered reasonable or fair by some. This commonly applies to price increases of basic necessities after natural disasters. Usually, this event occurs after a demand or supply shock. The term can also be used to refer to profits obtained by practices inconsistent with a competitive free market, or to windfall profits. In some jurisdictions of the United States during civil emergencies, price gouging is a specific crime. Price gouging is considered by some to be exploitative and unethical and by others to be a simple result of supply and demand.
The Office of Gas and Electricity Markets (Ofgem), supporting the Gas and Electricity Markets Authority, is the government regulator for the electricity and downstream natural gas markets in Great Britain. It was formed by the merger of the Office of Electricity Regulation (OFFER) and Office of Gas Supply (Ofgas).
The Office of Fair Trading (OFT) was a non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforced both consumer protection and competition law, acting as the United Kingdom's economic regulator. The intention was for the OFT to make markets work well for consumers, ensuring vigorous competition between fair-dealing businesses and prohibiting unfair practices such as rogue trading, scams, and cartels. Its role was modified and its powers changed by the Enterprise Act 2002.
Viagogo, stylized by the company as viagogo, is a multinational ticket exchange and ticket resale brand. It is recorded in the United States (Delaware) and has been owned by StubHub since 2021. It was founded in London in 2006 by Eric Baker as an online marketplace for consumers to buy and sell tickets to sports, music, theatre and comedy events.
Multichannel television in the United States has been available since at least 1948. The United States is served by multichannel television through cable television systems, direct-broadcast satellite providers, and various other wireline video providers; among the largest television providers in the U.S. are YouTube TV, DirecTV, Altice USA, Charter Communications, Comcast, Dish Network, Verizon Communications, and Cox Communications. The Telecommunications Act of 1996 defines a multichannel video programming distributor (MVPD) as "a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming", where a channel is defined as a "signaling path provided by a cable television system."
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
The Financial Conduct Authority (FCA) is a financial regulatory body in the United Kingdom. It operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financial firms providing services to consumers and maintains the integrity of the financial markets in the United Kingdom.
The Fair Trading Act 1986 is a statute of New Zealand, developed as complementary legislation to the Commerce Act 1986. Its purpose is to encourage competition and to protect consumers/customers from misleading and deceptive conduct and unfair trade practices.
Consumer protection in the United Kingdom is effected through a multiplicity of Acts of Parliament, statutory instruments, the work of various government agencies and departments, and citizens' lobby groups. It aims to ensure the market economy produces fairness and quality in the goods and services people buy. The main areas of regulating consumer affairs include:
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority (CMA). The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover contracts which are mentioned in Schedule I, consumer contracts, and international supply contracts. The Consumer Rights Act 2015 replaced the Unfair Terms in Consumer Contracts Regulations 1999 and bolstered further requirements for consumer contracts. The Consumer Protection from Unfair Trading Regulations 2008 concerns certain sales practices.
The Competition and Markets Authority (CMA) is the principal competition regulator in the United Kingdom. It is a non-ministerial government department in the United Kingdom, responsible for strengthening business competition and preventing and reducing anti-competitive activities. The CMA launched in shadow form on 1 October 2013 and began operating fully on 1 April 2014, when it assumed many of the functions of the previously existing Competition Commission and Office of Fair Trading, which were abolished. The CMA also has consumer protection responsibilities and take on new digital markets regulation responsibilities in late 2024 under the Digital Markets, Competition and Consumers Act 2024.
The Consumer Rights Act 2015 is an act of Parliament of the United Kingdom which consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015.
In online retail, drip pricing is a sales technique where a headline price is advertised at the beginning of the purchase process, followed by the incremental disclosure of additional fees, taxes or charges. The objective of drip pricing is to gain a consumer's interest in a misleadingly low headline price without the true final price being disclosed until the consumer has invested time and effort in the purchase process and made a decision to purchase.
A dark pattern is "a user interface that has been carefully crafted to trick users into doing things, such as buying overpriced insurance with their purchase or signing up for recurring bills". User experience designer Harry Brignull coined the neologism on 28 July 2010 with the registration of darkpatterns.org, a "pattern library with the specific goal of naming and shaming deceptive user interfaces". In 2023 he released the book Deceptive Patterns.
The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. Its purpose is to prevent internal trade barriers within the UK, and to restrict the legislative powers of the devolved administrations in economic policy. It is one of several pieces of legislation concerning trade that were passed following the European Union membership referendum, as after Brexit the UK is no longer directly subject to EU law.
The Digital Markets Act (DMA) is an EU regulation that aims to make the digital economy fairer and more contestable. The regulation entered into force on 1 November 2022 and became applicable, for the most part, on 2 May 2023.
The Levelling-up and Regeneration Act 2023 is an act of the Parliament of the United Kingdom.