Commercial analysis: In November 2024, the Competition and Markets Authority (CMA) published ‘Improving Trader Recommendation Platforms—Consumer law compliance advice for businesses’. The advice is aimed at Trader Recommendation Platforms (TRP) rather than the traders that appear on TRPs, though it contains principles relevant more broadly to traders and other non-TRP businesses as discussed below. A TRP is a business that operates a website or an app used by a consumer to find a trader where the business creates the perception that a trader on the website or app is high quality, trustworthy, reliable or suitable. It does not matter whether the consumer posts the work they require, to which traders respond, or the consumer makes his or her own selection from a database of traders. TRPs come in both of these forms. Written by Jack Brady of Gough Square Chambers.

The Competition and Markets Authority (CMA) has published a notice pursuant to Article 5.11 of the Retail Banking Market Investigation Order 2017 (the Order). It states that on 4 February 2025, Santander UK plc submitted a complete application to the CMA on behalf of Cater Allen Limited, seeking exceptions to the application of the Order under Article 5. The CMA determined that Cater Allen Limited, a brand provided by Santander UK plc, offers Business Current Accounts (BCAs) independently from other products provided by Santander. This determination was made after considering the factors listed in Article 5.4 of the Order. Consequently, the CMA granted an exception to the application of the Order for Cater Allen Limited under Article 5.2, subject to Article 5.3. This exception is effective from 3 March 2025.

The Competition and Markets Authority (CMA) has identified several breaches by Monzo Bank Limited (Monzo) of the Retail Banking Market Investigation Order 2017 (the Order). Monzo was found to be in breach of parts 3, 7, 8 and article 56.2 in part 12 of the Order. The CMA states that Monzo has acknowledged these breaches and has committed to implementing measures to prevent future occurrences.

The Competition and Markets Authority (CMA) has imposed a conduct requirement on Google's search under the digital markets competition regime, following its decision to designate Google as having strategic market status in general search services. The requirement obliges Google to allow publishers to opt out of having their content used to power AI search features, including AI Overviews, and to prevent their content from being used to fine tune AI models. Google must also clearly attribute publisher content via links in AI-generated search results. It has nine months to implement the required changes, although the CMA expects key parts of the controls to be made available to publishers ahead of that deadline. Google must also submit and publish compliance reports, supported by key data and metrics, every six months during the first year, after which the CMA will review the reporting frequency.

The Competition and Markets Authority (CMA) has introduced two new conduct requirements for Google’s general search services under the UK’s digital markets competition regime. The first, a fair ranking requirement, requires Google to improve transparency and fairness in how search results are ranked. This includes using objective and non-discriminatory criteria for organic results, giving businesses greater transparency and advance notice of significant changes, and introducing clear processes for ranking concerns to be addressed. The second, a data portability requirement, requires Google to allow users to port their search data to authorised third parties, such as rewards platforms or companies offering personalised offers or discount codes.

The Competition and Markets Authority (CMA) has launched an investigation into Ryanair over charges that parents must pay to sit with their children on flights, focusing on the airline’s ‘mandatory family seat’ policy. Under Ryanair’s terms and conditions, at least one parent must sit with children aged 2–11, requiring the purchase of a seat reservation, typically around £8 each way, while other passengers can choose seats optionally. The CMA is examining whether this policy results in parents being charged for the airline to meet child safety and disability-related obligations. The investigation concerns suspected breaches of the unfair terms provisions of the Consumer Rights Act 2015 and whether the relevant contractual terms place consumers at an unfair disadvantage.

TMT analysis: Following the release of tickets for the Oasis reunion tour, the Competition and Markets Authority (CMA) is currently investigating Ticketmaster for dynamic ticketing practices. Fans complained after dynamic pricing on the Ticketmaster website led to the cost of standard tickets surging in price from the advertised £148 to £355 while fans were in the online queue. Which? and the Chartered Trading Standards Institute also commented on the sales process with their concerns. Helen Hart, senior practice development lawyer, Lewis Silkin LLP.

The Competition and Markets Authority (CMA) has launched an investigation under Chapter II of the Competition Act 1998 (CA 1998) to consider whether Vifor Pharma has engaged in anti-competitive conduct in the supply of intravenous (IV) iron deficiency treatments for NHS patients in the UK. The CMA’s investigation will assess whether Vifor, manufacturer of Ferinject, a leading IV iron deficiency treatment in the UK, has restricted competition by making misleading claims to healthcare professionals about the safety and effectiveness of Monofer, a rival high-dose IV iron deficiency treatment supplied by Pharmacosmos. The CMA has not reached any conclusions at this stage as to whether competition law has been infringed.

The Competition and Markets Authority (CMA) has started an investigation and issued its invitation to comment in relation to the anticipated acquisition by Thermo Fisher Scientific Inc. (Thermo Fischer Scientific) of Olink Holding AB (Olink). The CMA aims to determine whether the deal will result in the creation of a relevant merger situation under the merger provisions of the Enterprise Act 2002 (EnA 2002) and, if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the UK for goods or services. The preliminary ‘invitation to comment’, issued on 2 February 2024, is to allow interested parties to submit any initial views on the impact that the transaction could have on competition in the UK. The CMA has not yet launched its formal investigation into this transaction as the invitation to comment is the first part of the information-gathering process. Written representations from any interested party about any competition issues should be provided by 23 February 2024.

Commercial analysis: As online marketing and social media blur ever closer, the Competition and Markets Authority (CMA) has given clear indication of how undisclosed advertising can leave companies in breach of consumer protection laws. Laurence Hall, legal adviser at the CMA, examines the details of the latest CMA investigation and explains what lawyers can learn from it.

The Competition and Markets Authority (CMA) has issued a Final Infringement Notice to Marks Electrical Limited, imposing a £720,000 financial penalty for infringing the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 by automatically opting customers into paid optional services without their express consent and has ordered approximately £600,000 in refunds to around 40,000 customers. Exercising powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), the CMA found that Marks Electrical pre-selected charges for 'Recycle Old Appliance' and 'Unwrap & Recycle Packaging' services during the period from April 2025 to November 2025. Marks Electrical received a 40% reduction to its financial penalty following its admission of the breach and agreement to an early settlement with the CMA.

The Competition and Markets Authority (CMA) has issued a final infringement notice to Automobile Association Developments Limited, trading as AA Driving School and BSM Driving School, imposing a £4.2 million financial penalty and ordering over £760,000 in customer refunds for breaches of consumer protection law relating to drip pricing practices. The CMA found that over 80,000 learners were not shown the total price upfront when booking lessons online between April and December 2025, with mandatory £3 booking fees only displayed later in the process. Refunds will vary depending on the number of lesson packages purchased, with the average payout expected to be around £9.  Affected customers do not need to take any action, as refunds will be issued automatically to the original payment cards or by cheque where necessary. This is the first financial penalty imposed by the CMA for a consumer law breach under its strengthened enforcement powers introduced in April 2025 under the Digital Markets, Competition and Consumers Act 2024. The penalty includes a 40% reduction to reflect the company's early settlement and admission of liability. The investigation was launched in November 2025 as part of a wider consumer protection initiative into online pricing practices across eight businesses. Automobile Association Developments must also provide the CMA with updates on the refund process over the next year.