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Digital Markets, Competition and Consumers Act 2024

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148Relevant infringements

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(1)A commercial practice is a relevant infringement for the purposes of Chapter 3 or 4 if it—

(a)harms the collective interests of consumers,

(b)meets the UK connection condition (see section 149), and

(c)meets the specified prohibition condition (see section 150).

(2)In this Part—

  • commercial practice” means an act or omission by a trader relating to the promotion or supply of—

    (a)

    the trader’s goods, services or digital content to a consumer,

    (b)

    another trader’s goods, services or digital content to a consumer, or

    (c)

    a consumer’s goods, services or digital content to the trader or another person;

  • consumer” means an individual acting for purposes that are wholly or mainly outside the individual’s business;

  • trader” means—

    (a)

    a person (“P”) acting for purposes relating to P’s business, or

    (b)

    a person acting in the name of, or on behalf of, P for purposes relating to P’s business.

(3)It is immaterial for the purposes of the definition of “commercial practice” in subsection (2) whether the act or omission takes place—

(a)at the time of the promotion or supply in question, or

(b)before or after that time.

(4)It is immaterial for the purposes of the definition of “trader” in subsection (2)

(a)in relation to paragraph (a) of that definition, whether P is acting personally or through another person acting in P’s name or on P’s behalf;

(b)in relation to paragraph (b) of that definition, whether or not the purposes relating to P’s business are the only or main purposes for which the person is acting.

(5)For the purposes of this Part

(a)references to consumers include persons who may become consumers in the future;

(b)the collective interests of consumers are capable of being harmed by a single act or omission (as well as by repeated acts or omissions).

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