The Competition Lawyers continues to track the key developments in the high-profile Emma Group consumer protection case update.
Launched in November 2022 and now reportedly heading to a full trial in June 2026, this landmark investigation by the Competition and Markets Authority (CMA) could reshape how e-commerce businesses use urgency claims, countdown timers, and “was/now” pricing across the UK. We look at a comprehensive breakdown available outside of the official case file.
The CMA opened its formal investigation into Emma Sleep GmbH and related entities on 28 November 2022 after receiving multiple consumer complaints and conducting its own monitoring. The core allegations centre on three practices that the authority believes my potentially breach the Consumer Protection from Unfair Trading Regulations 2008 (CPRs):
Alleged false scarcity and urgency messaging – Phrases such as “Only 3 left at this price”, “High demand – selling fast”, and visible countdown timers that reset or do not reflect genuine stock levels.
Alleged misleading discount claims – Presenting “recommended retail prices” or “was” prices that were rarely (or never) charged, artificially inflating the perceived saving.
Alleged pressure-selling design features – Pop-ups and banners that create a fear of missing out (FOMO), potentially amounting to aggressive commercial practices under Regulation 7 of the CPRs.
In July 2023, the CMA issued a 40-page consultation letter giving Emma detailed examples from its UK websites and demanding immediate changes. When the proposed undertakings were deemed insufficient, the CMA issued a formal “letter before claim” in May 2024, signalling its intent to seek court enforcement orders.
The Emma Group consumer protection case update timeline is reportedly as follows:
28 Nov 2022 – Investigation formally announced.
Jul 2023 – CMA consultation letter; Emma submits draft undertakings.
May 2024 – CMA rejects revised undertakings as inadequate and issues letter before claim.
Oct 2024 – CMA commences proceedings in the High Court (Chancery Division) against Emma Matratzen GmbH, Emma Sleep GmbH, and Emma Sleep UK Limited.
20 Oct 2025 – Case management conference confirms trial date of 3–11 June 2026, with disclosure deadlines running through early 2026.
The CMA is reportedly seeking a final enforcement order plus interim injunctions that could immediately prohibit the most egregious alleged claims pending trial. This is reportedly only the second time since 2017 that the CMA has taken a major online retailer all the way to contested litigation under Part 8 of the Enterprise Act 2002.
The Emma Group consumer protection case update and eventual outcome my set binding precedents on several grey-area tactics that millions of businesses currently rely on:
Are countdown timers inherently misleading unless they are strictly stock- or session-based?
Can “was/now” pricing ever be used if the higher price was only offered for 28 days in the previous six months (the current Charter guideline for physical stores)?
Do repeated “limited stock” warnings amount to an aggressive practice when the same product is continuously available?
A victory for the CMA could trigger a wave of follow-on enforcement against furniture, fashion, electronics, and travel sectors. For consumers, the case reinforces the right to make purchasing decisions free from artificial pressure. Successful enforcement could increase transparency around genuine flash sales and give shoppers stronger grounds to unwind contracts entered into under misleading urgency.
Businesses that act now can turn regulatory risk into a trust advantage – transparent pricing and genuine urgency messaging consistently outperform manipulative tactics in long-term customer lifetime value.
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