Competition – guidance

Unfair contract terms guidance: OFT311

Why the CMA considers that certain kinds of standard terms used in contracts with consumers have the potential for unfairness.

Documents

Unfair contract terms guidance

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Unfair contract terms guidance - Annexes

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Detail

This guidance was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA Board. The original text has been retained un-amended, therefore it does not reflect or take account of developments in case law, legislation or practice since its original publication.

Due to a change in the law, this guidance will be replaced on 1 October 2015 with ‘Unfair contract terms: CMA37’.

Please also note:

  • all references must be read in the light of Consumer Protection: Guidance on the CMA’s approach to use of its consumer powers (CMA7); in the case of conflict, CMA7 prevails
  • references to the OFT or the Competition Commission (CC) (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
  • references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
  • certain OFT or CC departments, teams or individual roles may not be replicated in the CMA, or may have been renamed; the CMA’s structure is set out in our organisation chart
  • do not use any contact details quoted; please go to the home page for details on how to contact the CMA

For related materials, visit the Unfair contract terms: materials for businesses page.