The nature of online markets can induce more impulsive behaviours, reach further into people’s social interactions and media consumption, and lead to more intensive advertising exposure (Danish Competition and Consumer Authority, 2020 Fletcher et al., 2021).
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Even though there are many similarities with the offline setting, consumers may behave differently online: they may act more quickly, have shorter attention spans, skim rather than read (Delgado et al., 2018 Duggan and Payne, 2011), direct their attentional focus narrowly and ignore substantial amounts of content (Pernice, 2017), and rely more on recommendations from strangers (Benartzi and Lehrer, 2015). However, rapid growth in this area also presents risks to the wellbeing of consumers and markets. Additionally, digital markets have dramatically reduced entry barriers for some types of business, heightened competition and provides any business with access to a global pool of customers. For consumers, the move to digital markets has reduced friction, increased transparency and comparability and opened access to a truly global marketplace. Online commerce brings great benefits to businesses and consumers. This paper is not intended to act as guidance for businesses and their advisors, or to determine how the CMA will act in future cases and investigations where OCA plays a role, especially with regards to remedies. The paper is not intended to be exhaustive but provides a review of the evidence available at the time of publication. There will be a range of audiences for this paper including those working in competition and consumer authorities, academics, practitioners including designers and technologists, as well as those working within and advising businesses. The paper also outlines the evidence on prevalence of OCA practices as well as selected cross-cutting issues related to OCA, for example vulnerability of consumers.
assesses the competition and consumer harm.considers the effects on consumers and businesses and diagnoses the underlying causes of harm from the practice.It provides summaries of the evidence on 21 OCA practices (for example, defaults), organised into 3 sections: Choice Structure, Choice Information, Choice Pressure. This paper is intended to be used as a reference document. Competition and consumer authorities necessarily need to identify and address detriment, so this paper focuses on the harms that can arise from OCA practices. OCA is often used positively to help consumers, for example, by displaying relevant products prominently and to streamline friction. Online choice architecture (OCA) describes the environment in which users act and make decisions, including the presentation and placement of choices and the design of interfaces. This is a companion paper, which provides underpinning evidence to support the CMA publication, Online Choice Architecture: how digital design can harm competition and consumers (referred to as “the discussion paper”).
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