The CMA's Direct Consumer Enforcement Powers: Dynamic Pricing, Drip Pricing And Other Updates

Whilst we continue to await the first enforcement action under the CMA's new powers, other CMA activity in the consumer protection space suggests that dynamic pricing is likely to be prioritised for enforcement, alongside certain other practices.

Since gaining its new direct consumer enforcement powers in April (on which see our previous article), the CMA has remained relatively quiet about their use and is yet to announce the commencement of any formal investigations pursuant to them.

However, the CMA has been conducting a separate review of dynamic pricing (its "dynamic pricing project") pursuant to its "general review function" under section 5 of the Enterprise Act 2002. The purpose of the review is to better understand how and when dynamic pricing is used across the economy. Despite it being conducted under different powers, statements the CMA makes as part of the review have the potential to inform businesses as to how the CMA is likely to apply its new