May 18, 2020

The Regulations implement certain provisions of the Consumer Protection Co-operation Regulation (2017/2394/EU) to ensure that enforcers have, in domestic law, the investigation and enforcement powers necessary to perform the functions required.

The new Regulations expand the category of “Community infringement” by adding to the list of consumer protection laws to which Part 8 of the Enterprise Act 2002 applies, enabling enforcers to seek enforcement orders against traders in the case of an infringement that harms the collective interests of consumers.

The new Regulations introduce a new concept of “online interface orders” into Part 8 of the 2002 Act. Courts are given the power to make orders relating to “online interfaces” (requiring, for example, the removal of content from or restriction of access to an interface, such as a website) where the Competition and Markets Authority makes an application under that Part in respect of a Community infringement and the court considers both that there is a risk of serious harm to the collective interests of consumers and that no other available means would, by themselves, be wholly effective in stopping or preventing the infringement.

An online interface order may be made against the person responsible for the infringement or a third party. Courts are also given the power to make interim online interface orders in certain circumstances.

The new Regulations come into force on 2 June 2020. To access the legislation, click here.