CCR2 Conduct Risk
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to promote competition as an end in itself, but instead to provide better
functioning markets for consumers. Even as I write this piece, the EU is
making proposals on consumer protection that may change the rules on defective products and which the UK may be required to implement. It is not certain how all this may be
affected by Brexit, but there are very few regulations in the direct-protection area that will be directly and automatically affected in the short-term. The exceptions are rules with a cross-
border element, such as the right to buy goods from any website in the EU, which will be implemented late in 2018, or the processes for cross-border cooperation, where a firm in one member state harms consumers in another member state. In those cases in particular, much will
depend on any deal as to whether the UK is able to continue to cooperate; whether it
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Any future reviews of consumer rights in the UK need to take into account the changing nature of retail, but also ensure consumers have practical, proportionate protection that can be effectively enforced, either by consumers themselves or public authorities
can change the rules, or whether it will be obliged to adopt future rules from the EU – as these are essentially regarded as Single- Market rules.
No desire for reduction However, whatever the legal outcome of changes introduced by Brexit, there is no desire among retailers for protection to be reduced as a result of Brexit. Our priority is on meeting customer
needs and staying competitive – that is why retailers often go further than the law requires now, such as taking back in-store goods that are not defective – which is only a legal requirement online. Any future reviews of consumer rights in
the UK need to take into account the changing nature of retail, but also ensure consumers have practical, proportionate protection that can be effectively enforced, either by consumers themselves or public authorities. CCR2
January 2018
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