Event details
Even before the DMCCA came into force, the CMA was already increasing its activity levels, commencing detailed investigations of green claims in FMCG and fast fashion, issuing three detailed undertakings in relation to the latter. It also investigated loyalty pricing in supermarkets and commenced pricing litigation against Emma Sleep, while issuing countless warning letters and a large amount of guidance.
The DMCCA has transformed the enforcement landscape. With the CMA now able to impose fines of up to 10% of global turnover, businesses face significantly increased risk. Before the DMCCA, a £400,000 penalty would have been among the largest ever fines for misleading practices; that has already been eclipsed by a £473,000 civil sanction imposed on Euro Parking Services.
Meanwhile, the CMA has launched more than a dozen investigations into practices including drip pricing, online reviews and choice architecture, with the starting point for some penalties reaching £217 million before reductions were applied to ensure proportionality. As a result, the risk profile of pricing practices – some of which just stem from your website design, green claims and wider advertising activity has changed dramatically.
Do your policies and processes reflect this new reality? Could elements of your website or customer journey leave you exposed to allegations of drip pricing or other consumer law breaches?
During this session, we will:
- Examine the lessons from the first CMA civil sanctions and the Emma Sleep litigation.
- Provide a refresher on the latest CMA guidance on pricing transparency, promotions and green claims.
- Explain what happens during a CMA investigation, how penalties are determined and how businesses can effectively respond.
Who is this event for?
This session is aimed at:
- General Counsel and senior legal leaders seeking to understand the emerging risks and enforcement trends arising from the DMCCA and the CMA's enhanced powers.
- Those involved in managing relationships with, or responding to, the Advertising Standards Authority (ASA), Trading Standards or the Competition and Markets Authority (CMA).
- In-house legal teams and compliance professionals responsible for product and marketing claims, pricing practices, consumer law compliance, and the design and approval of customer journeys and transactional websites.
Timings
- 12:00 - 12:30 | Registration, light lunch & networking
- 12:30 - 14:00 | Roundtable
- 14:00 - 14:30 | Networking