Guidance

How the CMA uses its direct consumer enforcement powers

Published 28 August 2025

This page summarises how the Competition and Markets Authority (CMA) expects to use its direct enforcement powers to investigate and decide upon suspected breaches of consumer law. 

It sets out what to expect if: 

• the CMA has sent you a letter, saying that we suspect you might have broken the law 

• you have reason to believe that you might have broken the law 

This is a summary of our direct consumer enforcement guidance (CMA200), which explains in more detail how the CMA exercises its direct consumer enforcement powers.

Our role in enforcing consumer law

The CMA is the UK’s main competition and consumer enforcement body. We help people and the UK economy by promoting competitive markets and tackling unfair behaviour. 

Under the Digital Markets, Competition and Consumers Act 2024, the CMA has the legal power to enforce some consumer laws ‘directly’ – meaning we (as well as a court) can decide whether a business has broken the law. 

If we decide that a business has broken the law, we can impose penalties on it, and/or direct it to do something or stop doing something. The business has the right to appeal our decision to the courts. 

Our approach to investigations 

Before opening a case, the CMA may gather information in a variety of ways. For example, we might hold early discussions with relevant sources or carry out our own research. 

If we have reasonable grounds to suspect you have broken the law, we may open a case. Opening a case does not necessarily mean that we have found a breach – just that we need to conduct an investigation to understand the facts and, if the law has been broken, put appropriate steps in place to put things right. 

This timeline shows the main stages of our investigation.

Image description: The main stages of our investigation: first we open a case, then we issue a provisional decision, then we issue a final decision. Each stage is described in detail in the paragraphs below.

Opening a case 

When the CMA opens a case, it will typically: 

• send a ‘case opening letter’ to the business or businesses being investigated 

• publish a case page on GOV.UK, naming the businesses being investigated (for some cases, we may publish a press notice too) 

For more information about this process, read Transparency and disclosure - statement of CMA’s policy and approach: CMA6.

Responding to a case opening letter 

If you receive a case opening letter from the CMA: 

1. read it carefully: it will outline the nature and scope of our investigation (the behaviour we’re looking at), and our proposed timetable 
2. read our direct consumer enforcement guidance: it explains in more detail what you need to do, and will better prepare you for the next stages of the investigation 
3. consider getting legal advice: a lawyer can help you decide how to respond to the letter, and help you find and gather the relevant information we may request 
4. consider if you want to settle or offer undertakings
5. contact the case team if you have any questions – the letter will include their details

Your rights 

You will be told about any evidence against you and can respond before we make our final decision. 

You also have the right to complain about certain procedural decisions that the CMA has taken to the Procedural Complaints Adjudicator (PCA). The PCA works for the CMA but is not involved in the day-to-day running of the investigation, and is not a decision maker in the case.

For more information about this process, read Procedural complaints: raising procedural issues in CMA cases. 

How we might gather information from you 

The CMA has legal powers to gather information – for example, by requesting it formally through an ‘information notice’. 

We can use these powers: 

• at any time: before or after we decide to open a case, or without us having to open a case at all 

• to gather information from any business, regardless of size or sector 

If we send you an information notice, you must respond to it by the deadline stated and with all the information we ask for. We can fine you if you do not respond or if you provide false information without a reasonable excuse. 

Find out more about how the CMA gathers information, and what to do if you receive an information notice.

Possible outcomes 

The CMA will either: 

• close the case on priority grounds without deciding if the law has been broken or not 

• decide that you have not broken the law and close the case 

• accept undertakings if you offer them and we consider they would address our concern effectively (if so, you won’t have to admit liability)

• agree a settlement with you where you agree to the final infringement notice (FIN) 

• decide that your behaviour is illegal and issue a FIN to you 

Provisional decision 

If the CMA has reason to believe that you have broken the law, it will issue you a provisional decision – known as a provisional infringement notice (PIN).

A provisional infringement notice is not the same as an information notice.

The PIN sets out: 

• the infringement and any supporting evidence 

• any proposed penalties or directions (or ‘remedies’) 

Responding to a PIN 

If you receive a PIN, consider the alleged infringement, supporting evidence and any proposed remedies it sets out. 

You can make your case (or ‘representations’) to the decision maker – the PIN will tell you how to do that. These representations may be in writing, orally at a hearing with us, or both.

Your representations should include everything you want the CMA to consider when making its decision, including any evidence or information that is relevant and you want to rely on. 

You must respond to the PIN by the deadline. If you do not think you will be able to respond in time, tell the case team as soon as possible – and no more than 5 working days after you have received the PIN. Your request should explain why you have asked for an extension, and how long for. 

Consider whether you want to settle or offer undertakings, if you think they will address our concerns. 

Final decision 

The CMA will consider any representations you make after receiving the PIN. 

If we are satisfied that you have broken the law, we will issue you a final infringement notice (FIN). This is our final decision. 

The FIN set outs: 

• the infringement

• any penalties and/or directions 

We can close a case without issuing a FIN. If this happens, and we had made the case opening public, then we will update the case page. 

A final infringement notice is not the same as an information notice. 

Penalties 

If the CMA decides to impose a penalty on your business, the FIN will confirm the amount and its legal basis. It will also include the deadline for you to pay the penalty and your rights of appeal. 

The penalty can be up to 10% of your business’ global turnover or £300,000 (whichever is greater).

The size of penalty you receive will depend on factors such as: 

• the seriousness of the breach 

• anything that could ‘aggravate or mitigate’ (increase or reduce) the penalty – for example, it may help reduce the penalty if you cooperate with the CMA and act quickly to address the breach before we open our case 

Directions 

The FIN is likely to direct you to stop doing or repeating the conduct that broke the law. If the CMA considers it just and reasonable, it might also direct you to: 

• compensate consumers for the harm suffered (redress measures) 

• prevent the risk of the breach reoccurring (compliance measures) 

• help consumers get relevant information so they can choose more effectively (choice measures) 

We will decide which directions are appropriate. 

These directions are legally binding. If you fail to comply with them without a reasonable excuse, the CMA can fine you up to 5% of your global turnover or £150,000 (whichever is greater). 

We can also impose a penalty of up to 5% of your global daily turnover (or £15,000 if greater), for each day that you failed to comply with the directions. 

For more information about penalties and directions, read chapters 6 and 7 of our direct consumer enforcement guidance (CMA200). 

Responding to a FIN 

If you accept the outcome of the decision, you must comply with its contents by: 

• paying any penalty 

• implementing any directions 

• submitting any information the CMA asks for, so it can monitor your compliance 

If you disagree with the outcome, you have the right to appeal the penalty and directions to: 

• the High Court in England, Wales or Northern Ireland 

• the Outer House of the Court of Session in Scotland 

You must appeal within 60 days of receiving the FIN.

After our decision 

The CMA will monitor your compliance with the outcomes of the decision, or any undertakings offered by you. We will set out when you need to do things by, and we may request evidence of your compliance (such as documents). An undertaking might also require you to provide evidence of compliance and will explain how to provide it.

Settling or offering undertakings 

You can offer to settle or offer undertakings at any point until we issue a FIN. To take this route, both you and the CMA need to agree that your case is suitable for settlement or undertakings. 

Consider your position first: what do you want to happen, and what might you be willing to agree to?

Once you’ve chosen a course of action, contact the case team to discuss it if relevant. 

Settlement 

If you settle with the CMA, you can get a discount of up to 40% of the penalty we impose (or up to 25% if you settle after the PIN). The sooner you agree to settle, the greater the available discount.

For more information about how we calculate penalties in settlements, read table 1, chapter 4 of our direct consumer enforcement guidance (CMA200). 

By settling, you will have to: 

• admit that you have broken the law 

• take steps to stop the breach 

• comply with what we require in the FIN 

• accept that the CMA will use a ‘streamlined administrative process’ when investigating (which would usually mean more limited access to evidence) 

• agree not to appeal or challenge the outcome of the FIN 

Undertakings 

If you offer undertakings (for example, a promise to correct the harm you have caused) and the CMA accepts them, you will not receive a penalty and you will not have to admit liability. 

We are more likely to accept undertakings if they: 

• address the CMA’s concerns 

• can be implemented effectively and quickly 

We are unlikely to accept undertakings if: 

• they do not address the CMA’s concerns 

• you have failed to comply with undertakings before 

How they differ 

Unlike settling, offering an undertaking does not mean you have to accept liability or pay any penalty. 

Settlement can include directions, and undertakings may include specific commitments which can include consumer redress.