John Penrose has just published his independent report into competition and consumer law enforcement policy. One of his recommendations is that the Competition and Markets Authority's (CMA) powers to enforce consumer law breaches are put on a level footing with their existing competition enforcement powers.
His report does not go into detail on what the new powers should look like or the level of fines that should be available to the CMA. If his recommendation is adopted by the UK government, we will need to wait and see if the government decides to introduce fines inline its original proposals set out in the 2018 Modernising Consumer Markets Green Paper. The Green Paper proposed fines of up to 10% of a firm's worldwide turnover.
The CMA’s civil consumer enforcement powers should be updated to bring them into line with, and have the same importance as, the competition toolkit. The CMA should be able to decide cases itself and impose fines in the same way as it already does for competition law cases.