Digital Markets, Competition and Consumers Act 2024

166 Consumer protection orders or undertakings to court: further proceedings U.K.

(1) This section applies if the court—

(a) makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the original application”), or

(b) accepts an undertaking from the respondent under section 156 or 159 on the making of the original application.

(2) References in this Part to a “consumer protection order” are references to—

(a) an enforcement order,

(b) an interim enforcement order,

(c) an online interface order, or

(d) an interim online interface order.

(3) An application may (subject to subsection (7)) be made to the same court to which the original application was made in respect of a failure to comply with the order or undertaking in question—

(a) by the enforcer that made the original application, or

(b) by any other enforcer other than a private designated enforcer.

(4) An application to the court in respect of a failure to comply with an undertaking may include an application for a consumer protection order of any kind that the enforcer concerned is authorised under this Chapter to apply for.

(5) If on an application under this section the court finds that an undertaking is not being complied with, the court may do either or both of the following—

(a) make a consumer protection order (instead of making any other order it has power to make);

(b) make an order requiring the respondent to pay a monetary penalty.

(6) Where an application is made under subsection (4) for a consumer protection order—

(a) sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

(b) the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

(c) a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

and the preceding provisions of this Chapter apply subject to this subsection.

(7) An application may not be made under subsection (3) in the case of a failure to comply with an order or undertaking which consists only of a failure to provide information or documents required by the order or undertaking under section 157(4).

(8) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under subsection (5)(b) may appeal in respect of—

(a) the decision to impose the penalty, or

(b) the nature or amount of the penalty.

(9) In connection with orders under subsection (5)(b), see further—

(a) section 168, which provides for the amount of penalties, and

(b) section 203, which provides for information to accompany such orders.

Commencement Information

I1 S. 166 not in force at Royal Assent, see s. 339(1)

I2 S. 166 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)