Competition and Consumer

Digital Markets Competitions and Consumers Act

New rules under the Digital Markets Competition and Consumer Act (DMCCA) on subscriptions are expected in autumn 2026. We are also expecting outcomes this year of the CMA's first investigations using its new enforcement powers under the DMCCA. There may also be fresh enforcement action this year based on the CMA's priorities (published in its approach document in April 2025). Their focus for enforcement includes aggressive sales practices that prey on consumers in vulnerable positions, providing information to consumers that is objectively false, banned practices including the new banned practice relating to fake reviews, fees that are hidden until late in the purchase process, and contract terms that are clearly imbalanced and unfair, including those that impose unfair exit charges on consumers. In December 2025, the CMA published new price transparency guidance to help companies comply with the rules.

Digital markets

In 2025, the Competition and Markets Authority (CMA) designated Apple and Google as havingstrategic market status under the DMCCA in relation to their market platforms. This may impact the process for reviewing and ranking third party apps in Apple and Google stores. In addition, the CMA designated Google as having strategic market status in relation to search and advertising services. Again, this may impact ranking principles for search listings and transparency, attribution and choice in how content is used in Google's AI services. The CMA may also investigate whether Microsoft and Amazon Web Services should be designated as having strategic market status in relation to cloud services (due to concerns around the technical and commercial barriers to switching cloud providers, as addressed in the EU by the Data Act). We summarised these developments in our article looking at the CMA's focus on big tech.

Dark patterns

The court case brought by the CMA against Emma Group in relation to the use of dark patterns on its website will take place in June 2026. The CMA is seeking an enforcement order requiring Emma to changes it online selling practices.

Unfair consumer contract terms

In October 2025, the CMA announced it is planning to update its guidance on unfair consumer contract terms (CMA37) to make it easier to understand. It will consult on revised guidance in due course.

EU Digital Fairness Act

For more information about the DFA, please see the Advertising section.

Price Marking Order reforms

Reforms to the Price Marking Order 2004 have been delayed from 1 October 2025 until 6 April 2026. Key changes include clearer shelf pricing as well as unit pricing of loyalty scheme and volume promotions. Please see our article here for more information.

ESG

Please see the ESG section for more information about consumer developments in relation to product sustainability, including new rules in the EU starting on 27 September 2026 regarding pre-contract information that must be shown to a consumer under the Empowering Consumers for the Green Transition Directive. This Directive also introduces new rules on unfair commercial practices in relation to software (see Tech section) and greenwashing. There are also new rules regarding the repairability of products starting on 31 July 2026 under the Right to Repair Directive.

Withdrawal button

From 19 June 2026, online retailers in the EU must provide an electronic withdrawal button on their websites for all types of distance contracts for which a right of withdrawal applies. This stems from the EU's Digital Financial Services Contracts Directive which aims to make withdrawing from online contracts as simple as concluding them.

Labour markets

Anticompetitive behaviour in labour markets is a growing focus for competition regulators globally and has been addressed by the CMA in its guidance issued in September 2025 on competition law and labour markets (Competing for talent - GOV.UK). The guidance confirms that no-poaching and wage fixing agreements amount to anticompetitive conduct. It also contains examples of exchange of competitively sensitive information which is likely to be anticompetitive. The guidance contains practical steps to avoid breaking competition law which should be followed by businesses.

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