Notifying the CMA of court proceedings relating to consumer law
Updated 29 July 2024
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Private consumer litigation
In addition to the Competition and Markets Authority’s (CMA) public enforcement powers, the consumer law regime provides avenues for private parties to obtain redress from the courts. The availability of private redress for consumers is an important complement to the CMA’s public enforcement.
The CMA can apply for permission to intervene in private proceedings in the High Court, Court of Appeal, and the Supreme Court, and in Scotland the Court of Session, in relation to cases which consider the application of consumer law.
In deciding whether to submit an application for permission to intervene the CMA considers what it can contribute to the proceedings in addition to how the case is presented by the existing parties to the action and in doing so assist the Court.
If you are a party to a private consumer law action
The CMA will be particularly interested in actions before the High Court, Court of Appeal and Supreme Court, and in Scotland the Court of Session, which allege breaches of the Consumer Protection from Unfair Trading Regulations 2008, the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, that raise legal issues (for example, the scope of ‘transactional decisions’ or factors relevant to identifying an ‘average consumer’) before these senior courts. The CMA is also interested in cases brought by enforcers which involve the interpretation of Part 8 of the Enterprise Act 2002.
In deciding whether to apply for permission to intervene in a particular case the CMA takes into account relevant factors including:
- the legal provisions at issue
- whether the claim raises novel legal issues or could have wider application
- the extent to which the CMA would advance arguments which have not been raised already by the parties
- the forum within which the claim is brought (for example, whether the claim is at an appeal stage)
A Register of consumer law actions in which the CMA has previously applied for permission to intervene is provided below. This gives an indication of the types of actions the CMA may be interested in going forward.
If you have commenced a private consumer law action and consider the CMA may wish to apply for permission to intervene, please send a copy of your claim bundle to the CMA in the following ways:
Senior Director of Litigation
Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ
United Kingdom
Documents can also be sent to the CMA at the following email address: [email protected]
Electronic documents should be in PDF, Word, or Excel format.
Please note that the CMA is not able to provide a response to your correspondence unless it is considering applying for permission to intervene.
The CMA will treat all documents received from parties in line with applicable confidentiality laws, including the Data Protection Act 2018 and the restrictions on disclosure in Part 9 of the Enterprise Act 2002.
If you are an enforcer or regulator
Enforcers and regulators are required to notify the CMA when taking action under Part 8 of the Enterprise Act 2002 and Schedule 3 of the Consumer Rights Act 2015 respectively. As set out in CMA58 such notification is deemed to have occurred when the enforcer or regulator has updated the Sanctions Intelligence Database administered by the National Anti-Fraud Network on behalf of the National Trading Standards Board.
Enforcers or regulators that also wish the CMA to consider intervening in proceedings brought by them with respect to alleged breaches of the Consumer Protection from Unfair Trading Regulations 2008, the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 should, in addition to updating the Sanctions Intelligence Database, notify the CMA in the following ways:
Senior Director of Litigation
Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ
United Kingdom
Documents can also be sent to the CMA at the following email address: [email protected]
Electronic documents should be in PDF, Word, or Excel format.
The CMA will treat all documents received from parties in line with applicable confidentiality laws, including the Data Protection Act 2018 and the restrictions on disclosure in Part 9 of the Enterprise Act 2002.