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ARTICLE · 26 JUNE 2026

CMA Enforcement Gathers Pace With Second DMCC Act Consumer Infringement Decision

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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On 18 June 2026 the CMA adopted its second infringement decision under the new strengthened consumer protection regime introduced under the Digital Markets...

United KingdomAntitrust/Competition Law

On 18 June 2026 the CMA adopted its second infringement decision under the new strengthened consumer protection regime introduced under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). Marks Electrical, a retailer of electrical appliances, has been fined £720,000 and ordered to refund consumers a total amount of £600,000 over pre-selected extra charges. 


The CMA found that Marks Electrical had charged customers for extra services without their express agreement. When purchasing appliances customers were automatically opted into a ‘recycle old appliance’ service under which their old appliance was removed and recycled, and an ‘unwrap and recycle packaging’ service, unwrapping and removing packaging at the time of delivery. Such automatic opt-ins for optional goods or services without the customer’s express consent are in breach of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which are now enforced under the CMA’s

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