Decision on the partial implementation of the CMA’s Whole of Market remedy and consulting on new Code requirements

Decision

Publication date

Industry sector

Supply and Retail Market

In this document Ofgem has set out its plans to:

  • go forward with proposals set out in the Confidence Code Review 2016 publication, and consult on new Confidence Code wording to help address potential concerns consumers may have on whether to trust the results of PCWs by ensuring:
  • Accredited PCWs provide clear messaging to consumers about the market coverage of any results page which shows tariffs that can be entered into directly through their site; 
  • Accredited PCWs provide clear messaging on what is covered in any results page which includes tariffs that cannot be switched to through their site; and
  • Accredited PCWs list tariffs in price order unless the consumer specifically asks for them to be ordered in some other way.

We also highlight next steps on the Confidence Code’s development, including allowing trials by accredited PCWs, and consulting on the full removal of the WoM Requirement at the end of this year. Accredited PCWs interested in taking part in trials will need to submit an initial plan to us by 12 July. Responses to the consultation section of this document close at 9am 31 July 2017 and responses should be sent to confidencecode@ofgem.gov.uk.

Based on our review of the evidence, we consider that these proposals will lead to more consumer benefits than the status quo.

Between the date of this document’s publication and the publication of our decision on the Code’s new wording, which will be published in mid-August at the latest, Ofgem is permitting trials by Code-accredited sites. These trials are to help sites understand the best means of being compliant with the new Code requirements outlined in this document.

Ofgem will monitor the market to understand how our proposed changes are working and their impact on consumers. Ofgem will also run a second wave of trials to further understand the benefits and risks of fully removing requirements in the Confidence Code that oblige PCWs to show non-fulfillable tariffs.

Following the results of the monitoring, trials, and publication of the CMA’s final report on its DCT market study, Ofgem will consult in the Autumn of 2017 on removing the requirements in the Confidence Code that obligate PCWs to show non-fulfillable tariffs.