By Robert Gosling.

Online marketplaces have become the global stadium of modern retail, fast-paced, borderless, and full of opportunity. But unlike sport, where rules are clear and referees ensure fair play, the online marketplace lacks consistent oversight. The result is a game where some players follow the rules, and others exploit loopholes, leaving consumers and responsible, compliant businesses at a disadvantage.

The AMDEA manifesto, launched at a Parliamentary Reception in March 2024, calls for regulation and enforcement of online trading requirements. It argues that consumers deserve the same protection online as they do on the high street. But right now, the pitch is tilted.

Unfair Play: Safety and IP Infringement

Imagine a match where one team wears protective gear and follows the rules, while the other skips safety checks and uses counterfeit kit. That’s the reality in online marketplaces. Unsafe electrical goods, fake components and spare parts, and non-compliant imports are increasingly common. The Office for Product Safety and Standards (OPSS) market surveillance flagged over 1,300 high-risk products, with 1,050 failing compliance checks, OPSS’s own product recall and corrective action page illustrates which marketplace the products were bought from.

Even product safety professionals have admitted to buying items online that later revealed visible faults, incorrect markings, poor build quality. But because the price was low, they didn’t report the issue or assert their consumer rights. It’s like spotting a foul but letting it slide because the stakes seem too small.

Environmental Compliance: Are They Paying Their Way?

In sport, every team pays its dues: training, kit, travel. In retail, that’s Extended Producer Responsibility. But in the online marketplace, it’s not always clear whether all sellers are contributing fairly to schemes like WEEE and packaging compliance. AMDEA members have raised concerns about the difficulty of verifying participation, especially for overseas sellers.

The Product Regulation & Metrology Act aims to improve enforcement, but gaps remain: particularly around packaging and chemical standards like REACH and RoHS. Without a referee to enforce the rules, the game becomes chaotic.

Spare Parts: Substitutes That Don’t Make the Squad

In sport, substitutes are expected to match the standard of the starting line-up. But in the world of online marketplaces, many spare parts, including chargers and batteries, fall short of the original manufacturer’s specification. These components often look the part but don’t play the part. They may not meet safety, chemical, or energy standards, and crucially, the sellers may not take responsibility for them. Without proper oversight, these poor substitutes can compromise performance, safety, and undermine consumer trust in respected brands, and yet, they are allowed onto the pitch without a referee checking their credentials.

The De Minimis Threshold: A Hidden Offside Rule

The de minimis threshold, currently £135 in the UK, exempts low-value imports from customs duties. Originally designed to reduce congestion and support small-scale trade, it now enables overseas sellers to bypass duties and regulatory checks. It’s like allowing one team to skip the offside rule entirely.

Business models built around cross-border e-commerce were not foreseen when the threshold was established. The US removed its $800 threshold for Chinese imports in May 2025 and extended this to all countries in August. The EU’s €150 threshold is set to be withdrawn by 2028. HMRC is reviewing the UK threshold, with AMDEA and others calling for reform.

Conclusion: We Need a Referee

Online marketplaces are here to stay, but so too must be the rules that protect consumers and ensure fair competition. Whether it’s safety, IP, environmental compliance, or fiscal fairness, the current system is not working. Reforming the de minimis threshold, improving market surveillance, and clarifying responsibilities are essential steps. It’s time to level the playing field. And it’s time to appoint a referee, one with the authority, tools and powers to ensure fair play for all.