Explore UK Consumer Law at Linklaters

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A multi-disciplinary team

Linklaters’ cross practice consumer law team provides pragmatic, business-oriented advice to help our clients manage consumer law risk exposure in a quickly evolving area. We combine vast experience in managing investigations with tactical flair with in-depth technical expertise.

The Digital Markets, Competition and Consumer Act has brought in a supercharged UK model of consumer law enforcement. The CMA will have new, direct, powers to enforce breaches of consumer law including powers to fine infringing businesses up to 10% of their global turnover. Putting consumer law on a level with competition law breaches, we expect to see significant investigations launched quickly once the CMA has its new powers. With penalties for non-compliance sharply increasing, businesses need to take stock of existing business practices and ensure consumer protection compliance policies are up to the job.

Global elite, Global Competition Review 2023

Band 1 – Competition Law, Chambers UK 2023

What sets us apart

Unparalleled competition investigations and litigation experience: our team has been at the forefront of many of the biggest Competition Act investigations run by the CMA in recent years. We have litigated and won cases in the Competition Appeal Tribunal including the quashing of the CMA decision in the Comparethemarket.com case.
Strong credibility with regulators: we have a strong relationship with the CMA at all levels (including multiple former secondees to the CMA in various units) which we will leverage to deliver you insights into the analysis and use to shape and influence the path of any investigation. We also have deep relationships with the FCA, ICO and ASA among others.
A multi-disciplinary approach to consumer issues: consumer issues tend to be wide-ranging touching on all aspects of our clients’ businesses. Our team combines expertise from our market leading tech, data, financial regulatory, ESG, litigation, arbitration and investigations practices to help clients develop a coherent strategy to the array of consumer protection obligations facing business today.
Our global team: although consumer protection laws are primarily domestic in nature, our global network allows us to draw on experiences in other jurisdictions where consumer enforcement may be further developed. We can also assist companies in developing a global compliance strategy

How can we help?

Advising at the cutting edge: we have significant experience of helping clients to navigate their evolving consumer obligations notably in relation to green claims, price reduction claims, urgency claims, consumer choice architecture/dark patterns and the duty of fair dealing.

Compliance training: UK consumer protection law is a complex web of EU Regulations, UK statute and UK common law. With the increased risk of getting it wrong comes a pressing need to ensure that you are clear about your obligations both those that exist and those new under the DMCC (such as new rules on subscription contracts), and helping equip businesses in light of the FCA’s new Consumer Duty principle.

Compliance reviews: We can help you to review your existing compliance arrangements, standard customer contract terms, website architecture and advise on updates to better manage your legal risk.

Investigation strategy: our experience of investigations is unparalleled. We have experience of investigations under the existing consumer protection regime as well as experience of competition investigations which will provide the model for future investigations once the DMCC comes into force.

A selection of our consumer protection work

Various online platforms: advising on issues relating to consumer choice architecture, dark patterns, AI analytics and MTX (micro transaction) profiling.

Fashion client: advising a client in the fashion sector on greenwashing.

Countryside: advising on the CMA’s Leasehold consumer investigation into doubling clauses in relation to ground rents, in which Countryside negotiated undertakings.

Fast food chain: advising on the application of the CMA’s open letter to online retailers on price reduction and urgency claims to certain discounting practices in a franchise model.

Various clients: advising on the implications of the DMCC and its impact on compliance obligations.

E-commerce sites: advising on distance selling regulations, including provisions in the Unfair Terms in Consumer Contracts Regulation and privacy regulations.

Various clients: advising on compliance obligations, including in relation to product and food safety regulations, telecommunications, product recall, privacy and human rights, labelling and marketing obligations.

A leading dating app: advising on its compliance with international online safety regulation, including the Digital Services Act and the Online Safety Bill. Our advice included consideration of issues Additional information Consumer duty page Explore FCA consumer duty at Linklaters. Linking Competition Insights, commentary and news from our dedicated antitrust lawyers around the globe. Rachel Barrett relating to blocking/take down processes and balancing of users’ conflicting interests in the context of regulatory obligations.

Disney: advising on the compliance of guest initiatives, including in connection with marketing, competitions, retails, travel gaming and theme parks.

Various clients: advising on environmental and product law advice, including environmental, climate and human rights issues, greenwashing and supply chain matters.

Recent experience in CMA investigations includes

BGL: advising on the successful appeal against the CMA’s finding of infringement and imposition of a £17.9m fine for a wide most favoured nation clause.

Accord - owner of Actavis UK (and its parent Intas): advising on the CMA’s investigation on abuse of dominance through excessive and unfair pricing of hydrocortisone tablets 10mg and 20mg concerning the period after Actavis was acquired and the related appeal.

Hg Capital: advising on its appeal against the imposition of a fine by the Competition and Markets Authority for alleged abuse of dominance by a previous portfolio company operating in generic pharmaceuticals markets.

A large financial institution: advising on the CMA’s long-running investigation into suspected anti-competitive arrangements in the financial services sector.