Hot on the heels of its first financial penalty under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), the Competition and Markets Authority (CMA) has now issued its second and third penalties in quick succession — sending a clear message that direct enforcement is now firmly operational.

On 15 June 2026, Marks Electrical Limited was fined £1.2 million (reduced to £720,000 under a settlement agreement) for automatically adding paid services to consumers’ online shopping baskets without obtaining express consent. A week later, on 23 June 2026, TICKETBIS S.L. (trading as StubHub UK) received a penalty of £1.482 million (reduced to £889,200 under settlement) for failing to display mandatory fees upfront when consumers browsed ticket listings. Both cases resulted in Final Infringement Notices, mandatory consumer redress, and ongoing reporting obligations.

Between 6 April and 17 November 2025, consumers purchasing appliances from Marks Electrical’s website found that additional paid services — “Recycle Old Appliance” and “Unwrap & Recycle Packaging” — were pre-selected and automatically added to their shopping baskets. Consumers had to manually untick the boxes to avoid purchasing services they had not actively chosen.

The CMA found this practice breached consumer protection rules which make it clear that consent to additional payments cannot be inferred from a consumer failing to change a pre-ticked default option. Approximately 39,736 orders were affected, with consumers paying around £602,000 in undisclosed charges during the relevant period.

The StubHub case concerned the presentation of mandatory fees on ticket purchases. When consumers browsed event listings, the headline ticket prices did not include compulsory charges that were only revealed later in the purchase journey. The CMA concluded that this amounted to a misleading omission of material information, breaching consumer protection law.

Both investigations were opened in November 2025, and both respondents settled — accepting the infringements, agreeing to expedited procedures, committing to consumer redress and accepting a 40% settlement discount.

Pace and consistency. Both investigations moved from case opening to Final Infringement Notice in approximately seven months. The CMA is demonstrating that its direct enforcement powers can deliver swift outcomes without needing to go to court.

Different practices, same result. StubHub hid mandatory fees in ticket prices; Marks Electrical added paid services to baskets without consent. Both fall foul of consumer protection rules requiring transparency and genuine choice. The CMA will pursue any practice that prevents consumers from understanding — or genuinely choosing — what they are paying for.

Turnover-based starting points produce significant headline figures. The CMA’s penalty methodology uses UK turnover as the starting point for calculations. For Marks Electrical, the initial figure was over £21 million (18% of £117 million turnover), before a 94% proportionality reduction brought the pre-settlement penalty down to £1.2 million. Even with substantial proportionality adjustments, the final figures remain meaningful.

Management decisions matter. The CMA placed Marks Electrical in the “high culpability” category because senior management had been involved in decisions about the pre-selected services and the company had chosen to introduce the practice rather than accidentally engaging in it. Businesses should not expect ignorance of the law to provide mitigation — especially where relevant CMA guidance is already published.

Redress is non-negotiable. Both respondents are required to refund affected consumers — through automated card refunds where possible, and by cheque or alternative means where necessary. Unclaimed refunds must ultimately be donated to charity. The CMA is making clear that enforcement is not just about the headline penalty number.

Proportionality adjustments reflect early-stage enforcement. In the Marks Electrical case, the CMA expressly noted that penalties in the initial period of the new regime are likely to be lower because infringing conduct can only be penalised from the DMCCA’s commencement date (6 April 2025), meaning durations are necessarily short. This should not be taken as an indication of future leniency.

If you would like to discuss any of the above issues with our experienced consumer team, please contact Claire Livingstone.

More information about the DMCCA can be found on our tracker page here.