Insights UK Digital Markets, Competition and Consumer Bill update

As previously reported by Wiggin here and here, the Digital Markets, Competition and Consumer Bill (“DMCC”) is currently making its way through the Parliamentary process. It has just completed the Committee Stage in the House of Lords. On 8 February 2024, a new version of the DMCC was published with the amendments that the Grand Committee of the House of Lords proposes to make to the version of the DMCC that came from the House of Commons in November.

According to reports, amendments to the digital markets and competition aspects of the DMCC include amendments relating to Significant Market Status (“SMS”) decision notices (Competition and Markets Authority (“CMA”) to give reasons for deciding not to designate an undertaking as having SMS), levies that may be imposed on SMS designated undertakings and restrictions on disclosure orders that may be served on the CMA. No significant changes were made to the consumer aspects of the DMCC. Proposals to add to the list of expressly banned practices, currently set out in the Consumer Protection from Unfair Trading Regulations 2008, were rejected either because they already fall within the definitions of misleading or aggressive practices under those Regulations (which are to be moved to the DMCC), or the Government has already indicated that they will be addressed in the DMCC, such as in the case of drip pricing and fake reviews (previously reported by Wiggin).

The date for the Report Stage in the House of Lords, where the DMCC can be debated and further amendments proposed, has not yet been announced.

For more information, click here. To view our DMCC tracker, click here.