Category: Consumer Law

Final report published by CMA on funerals competition investigation

The CMA has finally published their concluding report on the funerals competition investigation which has been ongoing for several years, after it began in June 2018. Revealed to the public in mid-December, the report set out a series of suggested “sunlight remedies” to be applied in the funerals market sector.

These remedies are designed to empower consumers further when it comes to selecting funeral services, and to ensure that the sector remains under scrutiny following the investigation. The Remedies Implementation timetable was also published as of 8^th January 2021, which set a deadline for implementing remedial action by 17^th June 2021.

While there has been no action taken or fines issued as a result of this investigation so far, the CMA’s concerns for the funeral industry remain significant. As believers in fair competition, it is important that regulators work hard to make sure that business practices are fair for companies and customers. We believe that the thorough investigation has demonstrated strong support for the rights of the consumer in this industry.

CMA investigates COVID-19 package holiday cancellations

In March 2020, the Competition and Markets Authority (CMA) announced its launch of a taskforce to tackle the challenges faced by businesses and consumers during the coronavirus pandemic. As part of the taskforce, the CMA later launched an investigation into COVID-19 package holiday cancellations, which has now been ongoing since last summer.

The decision to launch the investigation was made by the CMA following reports that some package holiday providers had been withholding refunds, despite the fact customers were forced to cancel holidays due to lockdown restrictions either within the UK or abroad.

In our eyes, no customer could have foreseen the coronavirus pandemic, and it is important that consumers are protected in these exceptional circumstances. We hope that the CMA’s continued pressure on the travel industry will ensure that all customers receive the refunds that they could be entitled to.

CMA launches children’s social care study

First published by Author on June 02, 2021 in the following categories: Consumer Law Industry Investigations Latest Pricing and tagged with cma | consumer law | investigations | pricing

In March, the CMA announced its intention to begin a children’s social care study in an effort to understand the rising costs of care and lack of supply reportedly affecting the sector. The review is only a preliminary step, but it could lead to future recommendations or, potentially, a full investigation into social care.

The announcement is said to have come following concerns from other organisations, which have raised the issue of private sector provision of social care and the high profits these private providers may be reaping. In January, Josh MacAlister, chair of the Independent Review of Children’s Social Care in England, wrote to the CMA asking for the social care market to be investigated.

There is no evidence to suggest that the CMA is looking into anti-competitive practices in children’s social care, or breaches of competition law. Instead, the CMA is investigating how profit-driven companies may be affecting the provision of appropriate placements for children.

The CMA’s Nortriptyline investigation

First published by Author on April 14, 2021 in the following categories: Consumer Law Healthcare Industry Investigations and tagged with cma | competition law | healthcare | investigations

The Competition and Markets Authority (CMA) has issued fines as a result of their nortriptyline investigation. Nortriptyline is an unbranded, prescription-only generic medicine used for the relief of symptoms of depression. In some cases, it can be used to treat neuropathic pain and nocturnal enuresis (bed-wetting).

The CMA has recently issued decisions imposing fines on suppliers of nortriptyline tablets for reportedly breaching competition law after their nortriptyline investigation concluded. There have also been director disqualifications.

Suspected breach of consumer protection law on secondary ticketing websites

First published by Author on March 10, 2021 in the following categories: Advertising Consumer Law Industry Investigations and tagged with advertising | cma | consumer law | investigations

There has been a suspected breach of consumer protection law on secondary ticketing websites that the Competition Markets Authority (CMA) has been investigating.

After the original review of secondary ticketing websites involving StubHub, GET ME IN! and Seatwave in 2018, the CMA is further investigating the compliance of some after alleged concerns about compliance with UK consumer law.

CMA funerals investigation update

The Competition and Markets Authority (CMA) is carrying out a market investigation into the supply of services by funeral directors at the point of need, and the supply of crematoria services also. This article is a CMA funerals investigation update.

On the 16^th March 2020, the CMA announced their decision to extend the statutory deadline for this investigation by six months. The new deadline for this investigation is now currently set as 27^th March 2021, with all submissions until June 2020 being taken into account.

The CMA review ‘hidden advertising’ by Instagram influencers

First published by Author on January 19, 2021 in the following categories: Advertising Consumer Law Investigations and tagged with advertising | cma | consumer law | investigations

The Competition and Markets Authority (CMA) has launched an investigation into hidden advertising by Instagram influencers, according to the Guardian.

It has been alleged that some influencers on social media platform Instagram have been posting content that is paid-for and sponsored by brands, advertising their products, without informing their audience. The problem of reportedly hidden advertising is a huge concern for the CMA, and they have said more needs to be done by the owners of social media platforms to tackle the problem.

It is a requirement for Instagram influencers to mark their posts with #AD or #advert and make it clear they have been sponsored by a specific brand or organisation. If they do not, they could violate the UK consumer protection law and potentially be misleading customers.

CMA finds anti-competitive practices in Digital pianos, digital keyboards and guitars sector

On 17 April 2018, the Competition Markets Authority (CMA) began a formal investigation into suspected anti-competitive practices in the musical instrument industry.

The CMA reportedly had reasonable grounds to suspect Yamaha of a competition law infringement. Yamaha was thought to be involved in anti-competitive practices and/or concerted agreements with at least one UK seller.

Given the value of this growing market sector, this is an important investigation for the CMA to have undertaken.

Review of the Legal Services Market

First published by Author on November 04, 2020 in the following categories: Consumer Law Industry Investigations Latest Pricing and tagged with cma | competition law | consumer law | investigations | pricing

The Competition and Markets Authority (CMA) has launched a review of the implementation and impact of the recommendations of its 2016 market study into the legal services market in England and Wales.

Ofwat Price Determinations latest developments

First published by Author on August 12, 2020 in the following categories: Consumer Law Pricing and tagged with cma | investigations | pricing

The Ofwat price determinations matter remains ongoing as the Competition and Markets Authority (CMA) continues its work following rejections issued to proposed price controls.

This is a matter that we continue to keep a very close eye on. Price controls can be incredibly important in a matter like this where the product is something we really do all need. Consumers must be able to afford water, no matter their earnings and financial situation.

Here is a little about the original case as well as the most recent updates and what is expected to happen next in the matter.