Digital Markets, Competition and Consumers Act 2024 (c. 13) – Section 178 – Substantiation of claims

Sections

Section 178Substantiation of claims

(1) This section applies where an application for a consumer protection order is made to a court in respect of a relevant infringement involving a contravention of Chapter 1 of Part 4 (protection from unfair trading).

(2) The court may, for the purpose of considering the application, require a respondent to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of the respondent.

(3) The court may find that a factual claim of a respondent is inaccurate if—

(a)
the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or
(b)
the court considers that any such evidence that is provided is inadequate.

(4) In this section “respondent”, in relation to an application for a consumer protection order, means—

(a)
where the application is for an enforcement order or an interim enforcement order, the person against whom the order is sought;
(b)
where the application is for an online interface order or an interim online interface order, the person against whom the order is sought or another person who is a party to the proceedings.

Annotations

Commencement Information

I1 S. 178 not in force at Royal Assent, see s. 339(1)
I2 S. 178 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)

https://dmcca.digiphile.law/article/article-178.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Digital Markets, Competition and Consumers Act 2024. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.