Mattress brand Emma is set to appear at the High Court next week over its pricing policies despite a deal over illegal timing pressures.
The Competition and Markets Authority and Emma will appear for an estimated three days beginning on 4 June over the CMAs case that the bed brand’s was/now reference pricing broke the law.
The High Court, in a separate case, has said Emma acted illegally over misleading countdown timers, and false ‘high demand’ messages and ‘discount’ claims.
Emma has agreed to stop these practices and make sure any future claims on its website are clear, accurate and do not create a false impression that people need to act quickly. It has also agreed to stop using ‘limited time’ sales or discounts where substantially similar deals continue after the deadline passes.
It must put compliance measures in place across its business, including monitoring compliance with the undertakings, reporting to the CMA. Any failure to comply could result in contempt of court proceedings, potentially leading to significant penalties.
The CMA launched an investigation into Emma in 2022 over concerns that its use of discounts, countdown clocks and other urgency claims could mislead shoppers and pressure them into making rushed purchases. Court action followed in 2024 after the company failed to take the necessary action to address the CMA’s concerns. Had the investigation began after April 2025, the CMA could decide independently whether the law has been broken, without having to go through the courts. Where it decides the law has been broken, it now has the power to fine companies up to 10% of their global turnover, and secure refunds for affected consumers: allowing it to go further than was possible in the case against Emma.
‘Businesses should be clear on what the law says: using fake countdown clocks or misleading “discounts” to push people into spending is illegal. We’ve taken action to put a stop to Emma using these tactics – and with our strengthened powers, any company that seeks to take advantage of consumers could now face hefty fines and be ordered to repay their customers. Our message to businesses is simple – get your house in order or deal with the consequences,’ says Hayley Fletcher, CMA senior director of consumer protection.
