Digital Markets, Competition and Consumers Act 2024

• the following provisions of the Digital Markets, Competition and Consumers Act 2024—Part 3;Chapter 1 of Part 4;Chapter 2 of Part 5.

;

• (b) in sub-paragraph (4), omit paragraph (b).

Part 2 — Amendments to other legislation

Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))

34

The Energy (Northern Ireland) Order 2003 is amended as follows.

35

In Article 63 (general restrictions on disclosure of information), in paragraph (6)—

• (a) omit sub-paragraph (w);

• (b) after sub-paragraph (x) insert—

(y) the following provisions of the Digital Markets, Competition and Consumers Act 2024— (i) Part 3; (ii) Chapter 1 of Part 4; (iii) Chapter 2 of Part 5.

36

• (1) In Schedule 2 (orders altering licensable activities), paragraph 5 (references under paragraph 3: application of EA 2002) is amended as follows.

• (2) In sub-paragraph (1), in the words before paragraph (a)—

• (a) after “shall apply,” insert “as they had effect immediately before the relevant date and”;

• (b) for “apply”, in the second place it occurs, substitute “applied immediately before that date”.

• (3) In sub-paragraph (4)—

• (a) after “shall apply” insert “, as it had effect immediately before the relevant date,”;

• (b) for “applies” substitute “applied immediately before that date”.

• (4) In sub-paragraph (5)—

• (a) for “have”, in the first place it occurs, substitute “, immediately before the relevant date, had”;

• (b) at the end insert “as those provisions had effect immediately before that date”.

• (5) After sub-paragraph (6) insert—

(7) In this paragraph “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)

37

The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

38

• (1) Article 5 (references: powers of investigation) is amended as follows.

• (2) In paragraph (1), in the words before sub-paragraph (a)—

• (a) after “shall apply,” insert “as they had effect immediately before the relevant date and”;

• (b) for “apply”, in the second place it occurs, substitute “applied immediately before that date”.

• (3) In paragraph (5)—

• (a) for “have”, in the first place it occurs, substitute “, immediately before the relevant date, had”;

• (b) at the end insert “as those provisions had effect immediately before that date”.

• (4) After paragraph (5) insert—

(6) In this article “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

39

• (1) Article 10 (Article 9: supplementary) is amended as follows.

• (2) In paragraph (3), in the words before sub-paragraph (a)—

• (a) after “shall apply,” insert “as they had effect immediately before the relevant date and”;

• (b) for “apply”, in the second place it occurs, substitute “applied immediately before that date”.

• (3) In paragraph (7)—

• (a) for “have”, in the first place it occurs, substitute “, immediately before the relevant date, had”;

• (b) at the end insert “as those provisions had effect immediately before that date”.

• (4) After paragraph (7) insert—

(8) In this Article “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))

40

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

41

• (1) Article 23 (references under Article 21: powers of investigation) is amended as follows.

• (2) In paragraph (1), in the words before sub-paragraph (a)—

• (a) after “shall apply,” insert “as they had effect immediately before the relevant date and”;

• (b) for “apply”, in the second place it occurs, substitute “applied immediately before that date”.

• (3) In paragraph (4)—

• (a) for “have”, in the first place it occurs, substitute “, immediately before the relevant date, had”;

• (b) at the end insert “as those provisions had effect immediately before that date”.

• (4) After paragraph (5) insert—

(6) In this Article “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

42

• (1) Article 27 (CMA’s power of veto following report: supplementary) is amended as follows.

• (2) In paragraph (6), in the words before sub-paragraph (a)—

• (a) after “shall apply,” insert “as they had effect immediately before the relevant date and”;

• (b) for “apply”, in the second place it occurs, substitute “applied immediately before that date”.

• (3) In paragraph (9)—

• (a) for “have”, in the first place it occurs, substitute “, immediately before the relevant date, had”;

• (b) at the end insert “as those provisions had effect immediately before that date”.

• (4) After paragraph (10) insert—

(11) In this Article “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

43

In Article 265 (restrictions on disclosure of information), in paragraph (5)—

• (a) omit sub-paragraph (s);

• (b) after sub-paragraph (t) insert—

(u) the following provisions of the Digital Markets, Competition and Consumers Act 2024— (i) Part 3; (ii) Chapter 1 of Part 4; (iii) Chapter 2 of Part 5.

Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (S.I. 2011/2749)

44

In Article 3 of the Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (application of sections 109 to 117 of the 2002 Act), in the words before paragraph (a), after “shall apply,” insert “as they had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force and”.

Postal Services Act 2011 (Disclosure of Information) Order 2012 (S.I. 2012/1128)

45

In Article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012, in the list of prescribed enactments—

• (a) omit the entry for the Consumer Protection from Unfair Trading Regulations 2008;

• (b) after the entry relating to the Consumer Rights Act 2015 insert—

• the following provisions of the Digital Markets, Competition and Consumers Act 2024—Part 1;Part 3;Chapter 1 of Part 4;Chapter 2 of Part 5.

Overview

Designation of undertaking

Digital activities

Link to the United Kingdom

Substantial and entrenched market power

Position of strategic significance

The turnover condition

Turnover of an undertaking

Initial SMS investigations

Further SMS investigations

Procedure relating to SMS investigations

Closing an initial SMS investigation without a decision

Consultation on proposed decision

Outcome of SMS investigations

Notice requirements: decisions about whether to designate

Notice requirements: decisions to revoke a designation

Existing obligations

Designation period

Power to impose conduct requirements

Permitted types of conduct requirement

Content of notice imposing a conduct requirement

Revocation of conduct requirements

Transitional provision relating to conduct requirements etc

Consultation in relation to a conduct requirement

Duty to keep conduct requirements under review

Power to begin a conduct investigation

Consideration of representations

Closing a conduct investigation without making a finding

Countervailing benefits exemption

Notice of findings

Enforcement orders

Interim enforcement orders

Duration of enforcement orders

Revocation of enforcement orders

Duty to keep enforcement orders under review

Commitments

Duty to keep commitments under review

Power to adopt final offer mechanism

Collective submissions

Final offer mechanism

Final offers: outcome

Final offer orders: supplementary

Decision not to make final offer order

Duration and revocation of final offer orders

Duty to keep final offer orders under review

Power to make pro-competition interventions

Power to begin a PCI investigation etc

Procedure relating to PCI investigations

Consultation on proposed PCI decision

PCI decision

Pro-competition orders

Replacement of pro-competition orders

Duration and revocation etc of pro-competition orders

Consultation

Duty to review pro-competition orders etc

Commitments

Duty to report possible mergers etc

Qualifying status

Value of consideration

Content of report etc

Application of the duty to report etc

Acceptance of report

Delay to possible mergers etc

Timing of a reportable event

Authorisation for one person to act for another

Applications for review of decisions relating to mergers

Regulations about duty to report

Duty to keep compliance under review

Power to require information

Requirement to name a senior manager

Power of access

Power to interview

Use of interview statements in prosecution

Power to enter business premises without a warrant

Power to enter premises under a warrant

Power to enter premises under a warrant: supplementary

Amendments to the Criminal Justice and Police Act 2001

Application for a warrant

Reports by skilled persons

Duty to preserve information

Privileged communications

Power of CMA to publish notice of investigative assistance

Nominated officer

Compliance reports

Penalties for failure to comply with competition requirements

Amount of penalties under section 85

Penalties for failure to comply with investigative requirements

Amount of penalties under section 87

Procedure and appeals etc

Calculation of daily rates and turnover

Statement of policy on penalties

Monetary penalties: criminal proceedings and convictions

Destroying or falsifying information

False or misleading information

Obstructing an officer

Offences by officers of a body corporate etc

Offences: limits on extra-territorial jurisdiction

Sentences

Director disqualification

Enforcement of requirements

Rights to enforce requirements of this Part

Treatment of CMA breach decisions etc

Applications for review etc

Extension etc of periods

Extensions: supplementary

Exercise and delegation of functions

Coordination with relevant regulators

Recommendations to the CMA

Information sharing

Power to charge levy

Extra-territorial application

Defamation

Consultation and publication of documents

Guidance

Protected disclosures

Restriction on disclosure orders

Groups

General interpretation

Removal of requirement for agreements etc to be implemented in the UK

Repeal of exclusions relating to the European Coal and Steel Community

Duty to preserve documents relevant to investigations

Production of information authorised by warrant

Additional powers of seizure from domestic premises

Standard of review on appeals against interim measures directions

Declaratory relief

Exemplary damages

Relevant merger situations and special merger situations

Fast-track references under sections 22 and 33 of EA 2002

Mergers of energy network enterprises

Mergers involving newspaper enterprises and foreign powers

Mutual agreements to extend time-limits: duty to make reference cases

Mutual agreements to extend time-limits: public interest cases

Publication of merger notices online

Market studies: removal of time-limit on pre-reference consultation

Power to make a reference after previously deciding not to do so

Scope of market investigations

Acceptance of undertakings at any stage of a market study or investigation

Final undertakings and orders: power to conduct trials

Duty of CMA to monitor undertakings and orders

Taking action in relation to regulated markets

Production of information authorised by warrant

Attendance of witnesses etc

Civil penalties etc in connection with competition matters

Service and extra-territoriality of notices under CA 1998 and EA 2002

Orders and regulations under CA 1998 and EA 2002

Meaning of “working day” in Parts 3 and 4 of EA 2002

Overview

Relevant infringements

The UK connection condition

The specified prohibition condition

Enforcers

Designation criteria

Applications

CMA directions to other enforcers

Consultation

Enforcement orders and undertakings

Enforcement orders and undertakings: enhanced consumer measures

Enforcement orders: requirement to pay monetary penalty

Interim enforcement orders and undertakings

Applications

Online interface orders

Interim online interface orders

Acceptance of undertakings by enforcers

Undertakings under section 163: enhanced consumer measures

Undertakings under section 163: procedural requirements

Consumer protection orders or undertakings to court: further proceedings

Undertakings to public designated enforcers: further proceedings

Monetary penalties under sections 166 and 167: amount

Notification requirements: applications

Notification requirements: undertakings

Notification requirements: proceedings

Notification requirements: convictions and judgments

Appropriate court

Effect of orders in other parts of the United Kingdom

Evidence

Interconnected bodies corporate

Enhanced consumer measures: private designated enforcers

Substantiation of claims

Crown application

Power of CMA to investigate suspected infringements

Provisional infringement notice

Final infringement notice

Final infringement notice: directions to take enhanced consumer measures

Online interface notices

Undertakings

Effect of undertakings under section 185

Undertakings under section 185: procedural requirements

Provisional breach of undertakings enforcement notice

Final breach of undertakings enforcement notice

Monetary penalties under section 189: amount

Provisional breach of directions enforcement notice

Final breach of directions enforcement notice

Monetary penalties under section 192: amount

Powers of court to enforce directions

Substantiation of claims

Variation or revocation of directions

Provisional false information enforcement notice

Final false information enforcement notice

Statement of policy in relation to monetary penalties

Interconnected bodies corporate

Record-keeping and reporting requirements

Appeals

Information to accompany orders or notices imposing monetary penalties

Determination of turnover

Power to amend amounts

Recovery of monetary penalties

Monetary penalties: further provision

Investigatory powers of enforcers

Powers to amend Schedule 15 and Schedule 16

Rules

Procedural requirements for making of rules

Guidance

Defamation

Minor and consequential amendments relating to this Part

Transitional and saving provision relating to this Part

Enforcement of requirements relating to secondary ticketing

Supply of goods or digital content

Supply of services

Accessories

Special relationships

Enhanced consumer measures

Other interpretative provisions

Index of defined expressions

Overview

Prohibition of unfair commercial practices

Misleading actions

Misleading omissions

Aggressive practices

Contravention of the requirements of professional diligence

Omission of material information from invitation to purchase

Public enforcement

Rights of redress

Rights of redress: further provision

Enforcement of rights of redress

Relationship between rights of redress and other claims relating to prohibited practices

Inertia selling

Offences

Defence of due diligence and innocent publication

Offences: criminal liability of others

Penalty for offences

Time limit for prosecution

Powers to amend this Chapter

Crown application

Validity of agreements

Meaning of “transactional decision”

Meaning of “average consumer”: general

Meaning of “average consumer”: vulnerable persons

Meaning of “product”

General interpretation

Index of defined terms

Consequential amendments relating to this Chapter

Transitional and saving provision relating to this Chapter

Overview

Meaning of “subscription contract”

Excluded contracts

Pre-contract information

Pre-contract information: additional requirements

Reminder notices

Content and timing etc of reminder notices

Arrangements for consumers to exercise right to end contract

Duties of trader on cancellation or end of subscription contract

Terms implied into contracts

Right to cancel for breach of implied term

Right to cancel during cooling-off periods

Meaning of “initial cooling-off period” and “renewal cooling-off period”

Cooling-off notice

Cancellation of subscription contract: further provision

Offence of failing to provide information about initial cooling-off rights

Defence of due diligence

Offences by officers of a body corporate etc

Penalty for offence and enforcement

Information and notices: timing and burden of proof

Terms of a subscription contract which are of no effect

Other remedies for breach by trader

Application of this Chapter

Crown application

Power to make further provision in connection with this Chapter

Consequential amendments to the Consumer Rights Act 2015

Other consequential amendments

Interpretation

Index of defined expressions

Meaning of “consumer savings scheme contract”

Other defined terms

Excluded arrangements

Insolvency protection requirement

Insurance arrangements

Trust arrangements

Information requirements

Consequential amendments

Interpretation

Meaning of “ADR” and related terms

Other definitions

Prohibitions relating to acting as ADR provider

Prohibitions relating to charging fees to consumers

Exempt ADR providers

Applications for accreditation or variation of accreditation

Determination of applications for accreditation or variation of accreditation

Revocation or suspension of accreditations etc

Fees payable by accredited ADR providers

ADR fees regulations

Accreditation criteria

Enforcement notices

ADR information regulations

ADR information directions

Disclosure of ADR information by the Secretary of State

Meaning of “ADR information” and other terms in sections 303 to 305

Power to provide for other persons to have accreditation functions etc

Duty of trader to notify consumer of ADR arrangements etc

Consequential amendments etc relating to this Chapter

Transitional provision relating to this Chapter

Provision of information about competition in connection with motor fuel

Penalties for failure to comply with notices under section 311

Procedure and appeals

Statement of policy on penalties

Offences etc

Penalties under section 312 and offences under section 315

Information sharing

Expiry of this Chapter

Provision of investigative assistance to overseas regulators

Requests for investigative assistance

The appropriateness of providing investigative assistance

Authorisation of the provision of investigative assistance

Notifications in respect of requests for investigative assistance

Guidance in connection with investigative assistance

Amendments to other legislation

Disclosing information overseas

Duty of expedition on the CMA and sectoral regulators

Offenders assisting investigations and prosecutions: powers of the CMA

Removal of limit on the tenure of a chair of the Competition Appeal Tribunal

Interpretation

Data protection

Notices

Consultation

Financial provision

Minor and consequential amendments

Power to make further consequential provision

Regulations

Extent

Commencement

Short title

Application of Schedule

Procedure for accepting a commitment or requested variation

Procedure for releasing an undertaking from a commitment

Joint interests

Joint arrangements

Interests held by nominees

Rights treated as held by person who controls their exercise

Rights exercisable only in certain circumstances etc

Rights attached to shares held by way of security

Arrangements

Introduction

Prohibition on newspaper enterprise mergers involving foreign powers

Further amendments

The Civil Aviation Authority (CAA)

The Financial Conduct Authority (FCA)

The Northern Ireland Authority for Utility Regulation

The Office of Communications (OFCOM)

The Office of Gas and Electricity Markets (Ofgem)

The Office of Rail and Road (ORR)

The Payment Systems Regulator

The Water Services Regulation Authority (Ofwat)

Contracts regulated by OFCOM

Extra-territoriality of notices under CA 1998 and EA 2002

Orders and regulations under CA 1998

Orders and regulations under Part 3 of EA 2002

Orders and regulations under Part 4 of EA 2002

Introductory

Penalties for non-compliance with information notices

Extra-territorial application in relation to notices

Means of giving notices

Access to documents

Criterion 2: readiness to carry out ADR

Estate Agents Act 1979

Companies Act 1985

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)

Companies Act 2006

Regulatory Enforcement and Sanctions Act 2008

Consumer Rights Act 2015

Interpretation

General rules

Rules applicable to continuing conduct

Rules applicable to undertakings given to enforcers under the old law

Information notices under Schedule 5 to CRA 2015

Further provision

Administration of Justice Act 1970 (c. 31)

Trade Descriptions Act 1968 (c. 29)

Hallmarking Act 1973 (c. 43)

Prescription and Limitation (Scotland) Act 1973 (c. 52)

Companies Act 1985 (c. 6)

Copyright, Designs and Patents Act 1988 (c. 48)

Trade Marks Act 1994 (c. 26)

Enterprise Act 2002 (c. 40)

Licensing Act 2003 (c. 17)

Companies Act 2006 (c. 46)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Consumer Rights Act 2015 (c. 15)

Online Safety Act 2023 (c. 50)

Utilities

Insurance and financial services

Medical prescriptions etc.

Contracts regulated by OFCOM

Rent of residential accommodation

Delivery of foodstuffs etc. by micro-entity

Package holidays etc

Timeshares etc

Childcare (including school age education)

Gambling contracts

Regulated financial services activity

Arrangements for the supply of utilities

Contracts regulated by OFCOM

Contracts for prepaid passenger transport services

Small businesses

Childcare voucher schemes

Package holidays etc.

Criterion 1: information for consumers

Criterion 2: readiness to carry out ADR

Criterion 3: expertise

Criterion 4: facilities for consumers and traders to participate

Criterion 5: fair ADR procedures

Criterion 6: independence and impartiality

Criterion 7: information for parties

Prescription and Limitation (Scotland) Act 1973

Limitation Act 1980

Foreign Limitation Periods Act 1984

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

Financial Services and Markets Act 2000

Enterprise Act 2002

Regulatory Enforcement and Sanctions Act 2008

Equality Act 2010

Consumer Rights Act 2015

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542)

Amendments to Part 3 of EA 2002

Amendment to Part 9 of EA 2002

Amendments to CA 1998

The Civil Aviation Authority (CAA)

The Financial Conduct Authority (FCA)

The Northern Ireland Authority for Utility Regulation

The Office of Communications (OFCOM)

The Office of Gas and Electricity Markets (Ofgem)

The Office of Rail and Road (ORR)

The Payment Systems Regulator

The Water Services Regulation Authority (Ofwat)

Competition Act 1980 (c. 21)

Telecommunications Act 1984 (c. 12)

Companies Act 1985 (c. 6)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Water Act 1989 (c. 15)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Coal Industry Act 1994 (c. 21)

Greater London Authority Act 1999 (c. 29)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Communications Act 2003 (c. 21)

Wireless Telegraphy Act 2006 (c. 36)

Companies Act 2006 (c. 46)

Legal Services Act 2007 (c. 29)

Postal Services Act 2011 (c. 5)

Civil Aviation Act 2012 (c. 19)

Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))

Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)

Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))

Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 (S.I. 2011/2749)

Postal Services Act 2011 (Disclosure of Information) Order 2012 (S.I. 2012/1128)

Editorial notes