Legalize / United Kingdom / Public General Act

Digital Markets, Competition and Consumers Act 2024

Type Public General Act

Publication 2024-05-24

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(7) As soon as reasonably practicable after giving a notice under subsection (1) or (6), the CMA must publish a copy of the notice.

Pro-competition orders

51

(1) A pro-competition order may include any provision that may be included in an enforcement order under section 161 of EA 2002 (final orders following market investigation references; and see section 164 of and Schedule 8 to EA 2002 on the provision that may be included).

(2) For the purposes of subsection (1), Schedule 8 to EA 2002 (provision that may be contained in certain enforcement orders) has effect as if—

(a) the reference in paragraph 8(2) to “the relevant report” were to the notice under section 50 (1) of this Act;

(b) paragraphs 20A to 20BA were omitted.

(3) A pro-competition order may include provision imposing requirements on an undertaking on a trial basis for the purpose of assisting the CMA in establishing requirements that would be effective in remedying, mitigating or preventing—

(a) the adverse effect on competition to which the order relates;

(b) any detrimental effect on UK users or UK customers resulting from, or expected to result from, the adverse effect on competition.

(4) The provision that may be made in reliance on subsection (3) includes provision requiring an undertaking to act differently in respect of different users or customers (and such provision may be by reference to a description of users or customers, to absolute numbers of users or customers, or to a proportion of the undertaking’s total number of users or customers).

(5) A pro-competition order must contain provision in accordance with section 55 (3) (duty to ensure order contains date of next review).

(6) As soon as reasonably practicable after making a pro-competition order, the CMA must publish the order.

Replacement of pro-competition orders

52

(1) The CMA may, by making a further pro-competition order, replace a pro-competition order where it considers that it is appropriate to do so, having regard in particular to—

(a) the effectiveness of the pro-competition order, or of particular provisions in the pro-competition order, in remedying, mitigating or preventing the adverse effect on competition and, where applicable, any detrimental effect on UK users or UK customers identified in the PCI investigation, and

(b) any change of circumstances since the pro-competition order was made.

(2) The CMA may, in particular, replace a pro-competition order so as to—

(a) replace requirements imposed by virtue of that order on a trial basis, or

(b) impose requirements on an undertaking that are similar to or informed by one or more requirements previously imposed on that undertaking, or on a different undertaking, by virtue of another pro-competition order on a trial basis.

(3) In this Chapter—

(a) references to making a replacement order are to revoking a pro-competition order (see section 53) made following a PCI investigation and making a new pro-competition order in reliance on the findings of that PCI investigation, and

(b) references to a “replacement order” are to a pro-competition order made in reliance on subsection (1).

Duration and revocation etc of pro-competition orders

53

(1) A pro-competition order comes into force at such time as the CMA may specify in the order.

(2) A pro-competition order ceases to have effect—

(a) when revoked under this section, or

(b) subject to provision made in reliance on section 17 (existing obligations), when the designation to which it relates ceases to have effect.

(3) The CMA may revoke a pro-competition order where it considers that it is appropriate to do so, having regard in particular to any change of circumstances since the pro-competition order was made.

(4) Where the CMA decides to revoke a pro-competition order, it must give a notice to that effect to the designated undertaking to which the order relates.

(5) The notice may include transitional, transitory or saving provision in relation to the revocation of the pro-competition order.

(6) The CMA must publish the notice as soon as reasonably practicable after giving it.

(7) Where a pro-competition order resulting from a PCI investigation is revoked without being replaced, the CMA may not make a new pro-competition order in reliance on the same PCI investigation.

(8) The fact that a pro-competition order ceases to have effect does not affect the exercise of any functions in relation to a breach or possible breach of that order.

Consultation

54

(1) The CMA must carry out a public consultation on the terms of any pro-competition order before making it (subject to subsection (4)).

(2) The duty to consult imposed by subsection (1) may be satisfied by consultation on a proposed PCI decision in a case where—

(a) a draft pro-competition order was published for the purposes of that consultation, and

(b) the CMA proposes to make a pro-competition order that is the same or materially the same as the draft pro-competition order.

(3) Before revoking a pro-competition order, the CMA must (subject to subsection (4))—

(a) carry out a public consultation on the proposed revocation, and

(b) bring the public consultation to the attention of such persons as it considers appropriate.

(4) The duties in subsections (1) and (3) do not apply in relation to the making of a replacement order which, in the opinion of the CMA, is not materially different from the order which it replaces.

Duty to review pro-competition orders etc

55

(1) The CMA must carry out a review of a pro-competition order, including a replacement order, to determine whether to—

(a) revoke it without making a replacement order, or

(b) make a replacement order.

(2) Each time the CMA makes a pro-competition order, including a replacement order, it must identify a date by which it will carry out the review under subsection (1).

(3) The CMA must secure that the date is specified in the order.

(4) The CMA must keep under review—

(a) the effectiveness of a pro-competition order;

(b) the extent to which an undertaking subject to a pro-competition order is complying with it;

(c) whether to take action in accordance with Chapter 7 (enforcement and appeals) in respect of any undertaking that breaches a pro-competition order.

Commitments

56

(1) The CMA may accept an appropriate commitment from a designated undertaking as to its conduct in respect of an adverse effect on competition or a detrimental effect on UK users or UK customers that the CMA considers has resulted, or may be expected to result, from an adverse effect on competition.

(2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would contribute to or otherwise be of use in remedying, mitigating or preventing—

(a) the adverse effect on competition, or

(b) the detrimental effect on UK users or UK customers.

(3) Following the acceptance of a commitment by the CMA as to the conduct of an undertaking—

(a) the undertaking that gave the commitment must comply with it at all times when it is in force, and

(b) so far as relating to the conduct, the CMA may give a notice to the undertaking—

(i) ending a PCI investigation (if it has begun one) without making a PCI decision, or

(ii) changing the scope of a PCI investigation.

(4) As soon as reasonably practicable after giving a notice under subsection (3)(b), the CMA must publish a statement summarising the contents of the notice.

(5) The acceptance of a commitment does not prevent—

(a) a PCI investigation from continuing so far as it relates to conduct other than that to which the commitment relates, or

(b) the CMA beginning a new PCI investigation in relation to the conduct to which the commitment relates where it has reasonable grounds—

(i) to believe that there has been a material change of circumstances since the commitment was accepted,

(ii) to suspect that the undertaking has not complied with one or more of the terms of the commitment, or

(iii) to suspect that information which led it to accept the commitment was incomplete, false or misleading in a material particular.

(6) A commitment under this section comes into force when a notice of its acceptance is published by the CMA.

(7) A commitment under this section ceases to have effect—

(a) subject to provision made in reliance on section 17 (existing obligations)—

(i) in accordance with any terms of the commitment about when it is to cease to have effect, or

(ii) when the designation to which the commitment relates ceases to have effect, or

(b) when the undertaking is released from the requirement to comply with the commitment.

(8) The following provisions apply in relation to commitments under this section as they apply in relation to commitments under section 36—

(a) subsections (7) to (10) of section 36;

(b) section 37.

Chapter 5 — Mergers

Duty to report possible mergers etc

57

(1) A relevant person (in this Chapter, “P”) must report an event to which subsection (2) or (3) applies (a “reportable event”) to the CMA before the event takes place.

(2) This subsection applies to an event where—

(a) the event results in P having qualifying status (see section 58) in respect of shares or voting rights in relation to a UK-connected body corporate, and

(b) the value of all consideration (see section 59) provided by P, whether before or as part of the event, for shares or voting rights in the UK-connected body corporate is at least £25 million.

(3) This subsection applies to an event which consists of the formation by P and at least one other person of a body corporate (in this Chapter, a “joint venture vehicle”) where—

(a) P expects or intends that the joint venture vehicle will be a UK-connected body corporate,

(b) P has qualifying status in respect of shares or voting rights in relation to the joint venture vehicle, and

(i) all capital and assets contributed by P to the joint venture vehicle when it is formed, and

(ii) all other consideration provided by P, whether directly or indirectly, in relation to the formation of the joint venture vehicle,

is at least £25 million.

(4) In this Chapter, “relevant person” means—

(a) a designated undertaking, or

(b) where a designated undertaking is part of a group, any member of that group.

(5) In this Chapter, a “UK-connected body corporate” is any body corporate (wherever established or recognised) which—

(a) carries on activities in the United Kingdom, or

(b) supplies goods or services (whether for consideration or otherwise) to a person or persons in the United Kingdom.

(6) For the purposes of subsection (5), anything done by a subsidiary of a body corporate is to be treated as being done by the body corporate.

(7) The reference in subsection (3) to an “other person” is to a person who is not—

(a) the designated undertaking or part of the designated undertaking, or

(b) where the designated undertaking is part of a group, a member of that group.

(8) The duty to report an event under subsection (1) is subject to provision made by or under regulations under section 67.

(9) For steps that the CMA may take in relation to a possible merger, see—

(a) section 33 of EA 2002 (duty to make references in relation to anticipated mergers), and

(b) section 72 of that Act (initial enforcement orders).

Qualifying status

58

(1) For the purposes of section 57 (2), an event results in P having qualifying status in respect of shares or voting rights in relation to a UK-connected body corporate where the event results in the percentage of the shares or, as the case may be, the voting rights that P holds in the body corporate increasing—

(a) from less than 15% to 15% or more,

(b) from 25% or less to more than 25%, or

(2) For the purposes of section 57 (3), P has qualifying status in respect of shares or voting rights in relation to a joint venture vehicle where the event results in P holding at least 15% of the shares or, as the case may be, voting rights in the joint venture vehicle.

(3) In subsections (1) and (2), references to holding a percentage of shares are—

(a) in the case of a body corporate that has a share capital, to holding shares comprised in the issued share capital of the body corporate of a nominal value (in aggregate) of that percentage of the share capital,

(b) in the case of a body corporate that does not have a share capital, to holding a right to a share of that percentage of the capital or profits of the body corporate, and

(c) in the case of a limited liability partnership, to holding a right to a share of that percentage of any surplus assets of the partnership on a winding up.

(4) For the purposes of subsection (3)(c), to the extent that rights to share in any surplus assets of the limited liability partnership on a winding up are not expressly provided for, each member of the partnership is to be treated as holding the right to an equal share of such assets.

(5) In subsections (1) and (2), references to voting rights are—

(a) in the case of a body corporate that has a share capital, to the rights conferred on shareholders in respect of their shares to vote at general meetings of the body corporate on all or substantially all matters, and

(b) in the case of a body corporate that does not have a share capital, to the rights conferred on members to vote at general meetings of the body corporate on all or substantially all matters,

and, in the case of a body corporate that does not have general meetings at which matters are decided by such votes, include any rights in relation to the body corporate that have the equivalent effect.

(6) A person is to be treated for the purposes of this Chapter as acquiring an interest or right (to the extent that the person would not otherwise be regarded as doing so) where the interest or right becomes treated as held by the person by virtue of Schedule 2.

Value of consideration

59

(1) The references in section 57 (2)(b) to the value of all consideration provided by P for shares or voting rights in a UK-connected body corporate is a reference to the value of all consideration provided by P, whether directly or indirectly, for shares or voting rights in the body corporate in all transactions which result in P holding shares or voting rights in the body corporate (whether or not the transaction is an event within section 57 (2)).

(2) In this Chapter, references to “consideration” are to fees, remuneration, assets of any description, liabilities assumed and any other kind of consideration, however provided, and include conditional and deferred consideration.

(3) The Secretary of State may by regulations make further provision about how the value of—

(a) consideration,

(b) capital, or

is to be calculated for the purposes of this Chapter.

(4) The Secretary of State must consult the CMA before making regulations under subsection (3).

(5) Regulations under subsection (3) are subject to the negative procedure.

Content of report etc

60

(1) The CMA must by notice make provision setting out—

(a) the information which a report for the purposes of section 57 (1) must contain;

(b) the form in which such a report must be made.

(2) The notice may not require a report to contain information other than information which the CMA considers necessary to allow it to determine whether to—

(a) begin an investigation for the purposes of deciding whether to make a reference under section 33 of EA 2002 in relation to a reportable event, or

(b) make an initial enforcement order under section 72 of that Act in relation to a reportable event.

(3) The CMA may from time to time replace the notice.

(4) The CMA must publish any notice or replacement notice which it makes under this section.

(5) The CMA must consult—

(a) the Secretary of State, and

(b) such other persons as it considers appropriate,

before making or replacing a notice under this section.

Application of the duty to report etc

61

(1) Two or more persons may comply with the duty in section 57 (1) by making a joint report to the CMA.

(2) For the purposes of this Chapter, where a designated undertaking is part of a group—

(a) anything which a member of a group does or fails to do is to be treated as being done or not done by each member of the group;

(b) each member of a group is to be treated as providing the combined consideration provided by all members of the group;

(3) Schedule 2 makes further provision about cases in which a person is to be treated for the purposes of this Chapter as holding an interest or right.

(4) The duty to make a report under section 57 (1) does not apply—

(a) in relation to a reportable event which does not differ in any material respect from an event which has already been reported under section 57 (1);

(b) in relation to a reportable event so far as it consists of “notified arrangements” within the meaning of section 96(6) of EA 2002;

(c) in relation to a reportable event so far as the CMA has informed P that it has begun an investigation for the purposes of deciding whether it has to make a reference under section 33 of EA 2002 (duty to make references in relation to anticipated mergers) in relation to a matter that does not differ in any material respect from the reportable event;

(d) in relation to a reportable event so far as the Secretary of State has given the CMA an intervention notice under section 42 of EA 2002 (intervention by the Secretary of State in certain public interest cases) in relation to a relevant merger situation that does not differ in any material respect from the reportable event;

(e) in relation to a reportable event so far as the Secretary of State has given the CMA a special intervention notice under section 59 of EA 2002 (intervention by the Secretary of State in special public interest cases) in relation to a special merger situation that does not differ in any material respect from the reportable event.

(5) This Chapter does not require any steps to be taken in relation to an event where, after it has been reported to the CMA—

(a) the Secretary of State gives the CMA an intervention notice under section 42 of EA 2002 in relation to a relevant merger situation that does not differ in any material respect from the event;

(b) the Secretary of State gives the CMA a special intervention notice under section 59 of EA 2002 in relation to a special merger situation that does not differ in any material respect from the event;

(c) the CMA makes an initial enforcement order under section 72 of EA 2002 imposing obligations, prohibitions or restrictions in relation to the event;

(d) the undertaking to which the event relates ceases to be a designated undertaking.

Acceptance of report

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(1) Where the CMA receives a report under section 57 (1), the CMA must, within the period of 5 working days beginning with the first working day after the day on which it receives the report, give a notice to the person that made the report confirming whether the CMA accepts that the report is sufficient.

(2) Where the CMA does not accept that a report is sufficient it must, in its notice under subsection (1), include reasons for its decision.

(3) The CMA may not decide that a report is not sufficient where the report—

(a) contains all information required by notice under section 60 (1)(a), and

(b) is made in the form required by notice under section 60 (1)(b).

(4) A person who makes a report under section 57 (1) may withdraw that report at any time before the CMA gives notice that it has accepted that the report is sufficient.

(5) Where a report is withdrawn, this Chapter applies as if the event to which it related had not been reported to the CMA.

Delay to possible mergers etc

63

(1) A person to whom the duty in section 57 (1) applies in relation to a reportable event must not allow the event to take place—

(a) without a report in relation to the event having been given to the CMA under section 57 (1), or

(b) before the end of the waiting period in relation to the event.

(2) The waiting period in relation to a reportable event is the period of 5 working days beginning with the first working day after the day on which the CMA gives the person that made a report a notice under section 62 (1) confirming that the CMA accepts that the report relating to the event is sufficient.

(3) If a reportable event takes place in contravention of subsection (1), each person to whom the duty in section 57 (1) applied in relation to the event is to be treated as having breached subsection (1).

(4) The CMA may—

(a) give its consent to a reportable event happening before the end of the waiting period;

(b) revoke that consent before the reportable event happens.

(5) Subsection (1) does not apply in relation to a reportable event where the CMA gives and does not revoke consent under subsection (4) in relation to a reportable event.

(6) Section 95 of EA 2002 (rights to enforce statutory restrictions) applies in relation to the obligation to comply with subsection (1) as it applies in relation to the obligation to comply with section 77(2) or (3) or 78(2) of that Act.

Timing of a reportable event

64

Where a reportable event results from an agreement providing for P to acquire shares or voting rights, or to form a joint venture vehicle together with at least one other person, the event is to be treated as taking place for the purposes of section 57 (1) and section 63 (1) when P becomes unconditionally obliged to acquire the shares or voting rights, or to form the joint venture vehicle.

Authorisation for one person to act for another

65

(1) P may authorise another person to make a report under section 57 (1) and receive the notice under section 62 (1) which relates to the report on P’s behalf by giving a notice of the authorisation to the CMA.

(2) P may revoke an authorisation made under this section by giving a notice to that effect to the CMA.

(3) A notice under subsection (1) or (2) must be signed by an officer of P.

(4) In this section, references to an “officer” of an undertaking are to an officer of a body corporate that is, or is comprised in, the undertaking.

Applications for review of decisions relating to mergers

66

Section 120 of EA 2002 (review of decisions under Part 3 of EA 2002: mergers) applies in relation to a decision made by the CMA in connection with its functions under this Chapter, other than a decision about the imposition of a penalty under section 85 (4) or 87, as it applies in relation to decisions listed in subsection (1A) of that section.

Regulations about duty to report

67

(1) The Secretary of State may by regulations make provision about the duty to report a reportable event.

(2) The Secretary of State must consult the CMA before making regulations under subsection (1).

(3) Regulations under subsection (1) may (among other things) make provision—

(a) varying, adding or removing circumstances in which the duty to make a report applies;

(b) varying the period in section 62 (1);

(d) about exemptions from the duty to make a report;

(e) varying, adding or removing circumstances in which one person may act on behalf of another under section 65;

(f) modifying how section 332 applies for the purposes of this Chapter or Schedule 2;

(g) conferring functions on the CMA in relation to the duty to report, including power to make provision by notice or general or specific directions about a matter mentioned in paragraph (d);

(h) amending this Chapter or Schedule 2.

(4) Regulations under subsection (1) that contain provision made in reliance on any of paragraphs (a), (b), (c), (d), (e) or (h) of subsection (3), whether alone or with other provision, are subject to the affirmative procedure.

(5) Any other regulations under subsection (1) are subject to the negative procedure.

Duty to keep compliance under review

68

The CMA must keep under review—

(a) the extent to which persons comply with provisions made by, under or by virtue of this Chapter, and

(b) the appropriateness of taking action—

(i) in accordance with section 95 of EA 2002 (rights to enforce statutory restrictions) in respect of any person to whom section 63 (1) applies, and

(ii) in accordance with Chapter 7 (enforcement and appeals) in respect of any person that does not comply with provisions made by, under or by virtue of this Chapter.

Chapter 6 — Investigatory powers etc and compliance reports

Investigatory powers etc

Power to require information

69

(1) For the purpose of exercising, or deciding whether to exercise, any of its digital markets functions, the CMA may require a person (“P”) to give specified information to it where it considers that the information is relevant to a digital markets function.

(2) The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”).

(3) The CMA must include in an information notice—

(a) the time and place at which the specified information must be given to the CMA;

(b) the manner and form in which the information must be given to the CMA;

(4) The power under this section to require P to give information to the CMA includes the power to—

(a) take copies of or extracts from information;

(b) require P to obtain or generate information;

(d) if any specified information is not given to the CMA, require P to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the CMA.

(5) For the purposes of subsection (4)(b), the CMA may include in an information notice—

(a) a requirement for P to vary their usual conduct (whether in relation to some or all users or potential users of any service or digital content that P provides);

(b) a requirement for P to perform a specified demonstration or test.

(6) In this section, “specified” means—

(a) specified, or described, in the information notice, or

(b) falling within a category which is specified, or described, in the information notice.

(7) The powers conferred by this section are exercisable in relation to information whether it is stored within or outside the United Kingdom.

Requirement to name a senior manager

70

(1) Where the CMA gives an information notice to a designated undertaking or an undertaking that is the subject of a breach investigation, the CMA may include in the notice a requirement that the undertaking must name, in response to the notice, an individual who—

(a) the undertaking considers to be a senior manager of the undertaking, and

(b) may reasonably be expected to be in a position to ensure compliance with the requirements of the notice.

(2) Where the CMA imposes a requirement to name an individual, the information notice must require the undertaking to inform the individual about the consequences for the individual of any failure by the undertaking to comply with the notice (see section 87).

(3) An individual can be considered to be a senior manager of an undertaking only if the individual plays a significant role in—

(a) making decisions about how the undertaking’s relevant activities are to be managed or organised, or

(b) managing or organising the undertaking’s relevant activities.

(4) An undertaking’s “relevant activities” are activities relating to the undertaking’s compliance with requirements imposed on it by or under this Part.

Power of access

71

(1) The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach investigation—

(a) has not complied with the requirements of an information notice (see section 69), or

(b) has not complied with the duty to assist a skilled person with the preparation of a report (see section 79 (12)).

(2) The CMA may access business premises, equipment, services, information or individuals in order to—

(a) supervise the obtaining, generation, collection or retention of information by the undertaking,

(b) observe the undertaking’s conduct in relation to users, or

for the purpose of securing compliance with requirements imposed on the undertaking under section 69 or section 79 (12).

(3) Where the CMA requires access under subsection (2), it must give the undertaking a notice specifying—

(a) the access that it requires,

(b) a date by which the access must be provided, and

(4) The undertaking must give the CMA the access specified in the notice under subsection (3).

(5) The powers conferred by this section are not exercisable in relation to premises, equipment or individuals outside the United Kingdom.

(6) But the powers conferred by this section are exercisable in relation to information and services whether stored or provided within or outside the United Kingdom.

(7) In this Chapter, “business premises” means premises (or any part of premises) not used as a dwelling.

Power to interview

72

(1) If the CMA considers that an individual (“X”) has information relevant to a digital markets investigation, the CMA may give a notice to X requiring X to answer questions with respect to any matter relevant to that digital markets investigation—

(a) at a place or in a manner (which may be remote) specified in the notice, and

(b) either at a time specified in the notice or on receipt of the notice.

(2) The CMA must include in the notice—

(a) details of the digital markets investigation;

(b) information about the possible consequences of not complying with the notice.

(3) Where X is connected to (see section 118 (3)) the undertaking that is the subject of the digital markets investigation, the CMA must give a copy of the notice under subsection (1) to the undertaking.

(4) The CMA must comply with the requirement under subsection (3)—

(a) at the time the notice is given to X, or

(b) where that is not practicable, as soon as reasonably practicable after the notice is given to X.

(5) The CMA, or any person nominated by it, may take evidence in answer to questions under subsection (1) on oath, and for that purpose may administer oaths.

(6) The powers conferred by this section are not exercisable in relation to an individual outside the United Kingdom.

Use of interview statements in prosecution

73

(1) A statement by X in response to a requirement imposed by virtue of section 72 (a “section 72 statement”) may only be used in evidence against X—

(a) on a prosecution for an offence under section 93 or 94;

(b) on a prosecution for some other offence in a case falling within subsection (2).

(2) A prosecution falls within this subsection if, in the proceedings—

(a) in giving evidence, X makes a statement inconsistent with the section 72 statement, and

(b) evidence relating to the section 72 statement is adduced, or a question relating to it is asked, by or on behalf of X.

Power to enter business premises without a warrant

74

(1) For the purposes of a breach investigation, the CMA may authorise an officer of the CMA (“an investigating officer”) to enter any business premises (see section 71 (7)) and exercise the powers in subsection (5) if the CMA has reasonable grounds to suspect that information is on or accessible from the premises that is relevant to the breach investigation.

(2) No investigating officer is to enter any premises in the exercise of their powers under this section unless they have given to the occupier of the premises a notice which—

(a) gives at least two working days’ notice of the intended entry,

(b) describes the subject matter and purpose of the breach investigation, and

(3) Subsection (2) does not apply if—

(a) the CMA has a reasonable suspicion that the premises are, or have been, occupied by the undertaking which is the subject of the breach investigation, or

(b) the investigating officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.

(4) In a case falling within subsection (3), the power of entry conferred by subsection (1) is to be exercised by the investigating officer on production of—

(a) evidence of their authorisation, and

(b) a document containing the information referred to in paragraphs (b) and (c) of subsection (2).

(5) An investigating officer may, in addition to entering any premises—

(a) take with them such equipment as appears to them to be necessary;

(b) require any person on the premises to—

(i) give information to the officer which the officer considers relevant to the breach investigation;

(ii) if any required information is not given to the officer, state, to the best of the person’s knowledge and belief, where that information may be found;

(d) take any steps which appear to be necessary for the purpose of preserving or preventing interference with any information which the officer considers relevant to the breach investigation.

(6) Any information which is given to an investigating officer under subsection (5) must be in a form—

(a) in which it can be taken away, and

(b) which is visible and legible or from which it can be readily be generated in a visible and legible form.

(7) The powers conferred by this section are not exercisable in relation to premises outside the United Kingdom.

(8) But the powers conferred by this section are exercisable in relation to information whether it is stored within or outside the United Kingdom.

Power to enter premises under a warrant

75

(1) On an application made to it by the CMA for the purposes of a breach investigation, the court or the Tribunal may issue a warrant if it is satisfied that—

(a) there are reasonable grounds for suspecting that there is information on or accessible from any premises which is relevant to the breach investigation (“information of the relevant kind”), and

(b) one or both of the following applies—

(i) the exercise by the CMA of another digital markets investigation power has not resulted in the CMA being given the information of the relevant kind;

(ii) there are reasonable grounds for suspecting that there is no other digital markets investigation power the exercise of which would result in the CMA being given the information of the relevant kind.

(2) A warrant under this section authorises a named officer of the CMA (“the authorised officer”), and any other of the CMA’s officers whom the CMA has authorised in writing to accompany the authorised officer, to—

(a) enter the premises specified in the warrant, using such force as is reasonably necessary;

(b) take onto the premises such equipment as appears to the authorised officer to be necessary;

(d) operate any equipment found on the premises for the purpose of producing information;

(e) require any person on the premises to provide such assistance as the authorised officer may reasonably require (including providing passwords or encryption keys and operating equipment on the premises);

(f) require any person on the premises to give information to the authorised officer;

(g) require any person on the premises to state, to the best of their knowledge and belief, where information appearing to be of the relevant kind may be found;

(h) take copies of, or extracts from, any information appearing to be information of the relevant kind;

(i) take possession of any information appearing to be information of the relevant kind that is produced under paragraph (d) or given to the authorised officer under paragraph (f);

(j) take possession of any other information appearing to be information of the relevant kind if—

(i) such action appears to be necessary for preserving the information or preventing interference with it, or

(ii) it is not reasonably practicable to take copies of the information on the premises;

(k) take any other steps which appear to be necessary for the purpose of preserving any information appearing to be information of the relevant kind or preventing interference with it.

(3) Any information which is given to an investigating officer under subsection (2) must be in a form—

(a) in which it can be taken away, and

(b) which is visible and legible or from which it can be readily be generated in a visible and legible form.

(4) A warrant under this section may authorise persons specified in the warrant to accompany the authorised officer who is executing it.

(5) A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

(6) Any information which the CMA obtains under subsection (2) may be retained for a period of three months.

(7) For the purposes of this section and section 76—

“domestic premises” means premises (or any part of premises) that are used as a dwelling and are— premises also used in connection with the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, or premises where information relating to the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, is located;

“occupier”, in relation to any premises, means a person whom the authorised officer reasonably believes is the occupier of those premises;

“premises” includes business premises (see section 71 (7)) and domestic premises.

Power to enter premises under a warrant: supplementary

76

(1) A warrant under section 75 must describe—

(a) the subject matter and purpose of the breach investigation, and

(b) the offence created by section 95.

(2) The powers conferred by section 75 are to be exercised on production of the warrant issued under that section.

(3) If there is no one at the premises when the authorised officer proposes to execute the warrant they must, before executing it—

(a) take reasonable steps to inform the occupier of the intended entry, and

(b) if the occupier is informed, afford them or their legal or other representative a reasonable opportunity to be present when the warrant is executed.

(4) If the authorised officer is unable to inform the occupier of the intended entry they must, when executing the warrant, leave a copy of it in a prominent place on the premises.

(5) On leaving any premises which they have entered by virtue of a warrant under section 75, the authorised officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as they found them.

(6) The powers conferred by section 75 are not exercisable in relation to premises outside the United Kingdom.

(7) But the powers conferred by section 75 are exercisable in relation to information whether it is stored within or outside the United Kingdom.

Amendments to the Criminal Justice and Police Act 2001

77

(1) The Criminal Justice and Police Act 2001 is amended as follows.

(2) In section 50 (additional powers of seizure from premises), at the end insert—

(7) Without prejudice to any power conferred by this section to take a copy of any document, nothing in this section, so far as it has effect by reference to the power to take copies of, or extracts from, information under section 75 (2)(h) of the Digital Markets, Competition and Consumers Act 2024, is to be taken to confer any power to seize any information.

(3) In section 57 (retention of seized items), in subsection (1), at the end insert—

(v) section 75 (6) of the Digital Markets, Competition and Consumers Act 2024.

(4) In section 63 (powers of seizure: copies), in subsection (1), at the end insert—

(d) for the purposes of this Part, except sections 50 and 51, the powers in section 75 (2)(d) and (f) of the Digital Markets, Competition and Consumers Act 2024 are to be treated as powers of seizure, and references to seizure and to seized property are to be construed accordingly.

(5) In section 64 (meaning of “appropriate judicial authority”), in subsection (3), in paragraph (a), at the end insert—

(iv) section 75 (2) of the Digital Markets, Competition and Consumers Act 2024.

(6) In section 65 (meaning of “legal privilege”), after subsection (3A) insert—

(3B) In relation to property which has been seized in exercise, or purported exercise, of— (a) the power of seizure conferred by section 75 (2) of the Digital Markets, Competition and Consumers Act 2024, or (b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power, references in this Part to an item subject to legal privilege are to be read as references to a privileged communication within the meaning of section 81 (privileged communications) of that Act.

(7) In section 66 (general interpretation of Part 2), in subsection (5), after paragraph (i) insert—

(j) section 75 (2)(j) of the Digital Markets, Competition and Consumers Act 2024;

(8) In Part 1 of Schedule 1 (powers of seizure to which section 50 of that Act applies), at the end insert—

(73W) Digital Markets, Competition and Consumers Act 2024 Each of the powers of seizure conferred by section 75 (2)(i) and (j) of the Digital Markets, Competition and Consumers Act 2024 (seizure of information for the purposes of a breach investigation).

Application for a warrant

78

(1) An application for a warrant under section 75 must be made—

(a) in the case of an application to the court, in accordance with rules of court;

(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

(2) In Schedule 4 to EA 2002 (tribunal: procedure), in paragraph 10A, in sub-paragraph (1), after “the 1998 Act” insert “or section 75 of the Digital Markets, Competition and Consumers Act 2024”.

Reports by skilled persons

79

(1) The CMA may exercise the powers in this section in relation to a designated undertaking, an undertaking that is the subject of a breach investigation or an undertaking that is the subject of an SMS investigation (in each case, “U”) for the purpose of exercising, or deciding whether to exercise, any of its digital markets functions.

(2) The CMA may appoint a skilled person to provide it with a report in a specified form about matters relevant to the purposes for which the powers under this section are or may be exercised (“the relevant matters”).

(3) Where the CMA makes such an appointment, the CMA must give a notice to U—

(a) confirming the appointment;

(b) specifying the relevant matters.

(4) A notice under subsection (3) may also make provision for U to be liable for payment, directly to the skilled person, of the skilled person’s remuneration and expenses relating to the preparation of the report.

(5) As an alternative to subsection (2), the CMA may give a notice to U—

(a) requiring U to appoint a skilled person to provide the CMA with a report in such form as may be specified in the notice;

(b) specifying the relevant matters to be explored in the report;

(6) Where the skilled person is to be appointed by U, U may not make an appointment unless the CMA has approved in writing—

(a) the identity of the skilled person, and

(b) the terms on which they will be appointed, including in relation to their remuneration and expenses.

(7) Subsections (8) to (10) apply in relation to an amount due to a skilled person from U under this section.

(8) In England and Wales, such an amount is recoverable—

(a) if the county court so orders, as if it were payable under an order of that court;

(b) if the High Court so orders, as if it were payable under an order of that court.

(9) In Scotland, such an amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(10) In Northern Ireland, such an amount is recoverable—

(a) if a county court so orders, as if it were payable under an order of that court;

(b) if the High Court so orders, as if it were payable under an order of that court.

(11) References in this section to a skilled person are to a person appearing to the CMA to have the skills necessary to prepare a report about the relevant matters.

(12) It is the duty of—

(a) U, and

(b) any person connected to (see section 118 (3)) U,

to give a skilled person who has been appointed under this section all such assistance (including access to such business premises (see section 71 (7)), equipment, services, information and individuals) as the skilled person may reasonably require to prepare the report.

(13) The duty in section 79 (12) does not include a duty to give access to premises, equipment or individuals outside the United Kingdom.

(14) But the duty in section 79 (12) does include a duty to give access to information and services whether stored or provided within or outside the United Kingdom.

Duty to preserve information

80

(1) A person to whom any of subsections (2), (3), (4) and (5) applies must not, without reasonable excuse—

(a) destroy, otherwise dispose of, falsify or conceal, or

(b) cause or permit the destruction, disposal, falsification or concealment of,

any relevant information.

(2) This subsection applies to a person where the person knows or suspects that a breach investigation or a PCI investigation is being or is likely to be carried out in relation to an undertaking.

(3) This subsection applies to a person where the person is, or is connected to (see section 118 (3)), an undertaking that is not a designated undertaking and knows that the undertaking is the subject of an initial SMS investigation.

(4) This subsection applies to a person where the person is, or is connected to, a designated undertaking and knows that—

(a) the undertaking is required to produce a compliance report under section 84, or

(b) the undertaking is the subject of a further SMS investigation.

(5) This subsection applies to a person where the person is, or is connected to, an undertaking and knows or suspects that the CMA is assisting, or is likely to assist, an overseas regulator in carrying out, in relation to the undertaking, any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 (provision of investigative assistance to overseas regulators)).

(6) For the purposes of this section, relevant information is information which the person knows or suspects is or would be—

(a) relevant to the investigation mentioned in subsection (2), (3), (4) or (5), as the case may be,

(b) used by an undertaking to produce the compliance report, or

Privileged communications

81

(1) A person may not be required under any provision of this Chapter to produce, generate or give to the CMA or an officer of the CMA a privileged communication.

(2) Nothing in this Chapter authorises the CMA or an officer of the CMA to produce or take possession of, or take copies of or extracts from, a privileged communication (but this is subject to Part 2 of the Criminal Justice and Police Act 2001, as amended by section 77 of this Act).

(3) A “privileged communication” is a communication—

(a) between a professional legal adviser and their client, or

(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

(4) In the application of this section to Scotland—

(a) the reference to the High Court is to be read as a reference to the Court of Session, and

(b) the reference to legal professional privilege is to be read as a reference to the confidentiality of communications.

Power of CMA to publish notice of investigative assistance

82

(1) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 (provision of investigative assistance to overseas regulators)), the CMA may publish a notice of its decision to do so which may, in particular—

(a) identify the overseas regulator concerned;

(b) summarise the matter in respect of which the assistance is requested;

(2) Section 112 does not apply to a notice under subsection (1) to the extent that it includes information other than information mentioned in that subsection.

Compliance reports etc

Nominated officer

83

(1) An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for carrying out the functions set out in subsection (2) in relation to that digital markets requirement (a “nominated officer”).

(2) The functions are—

(a) monitoring the undertaking’s compliance with the digital markets requirement and all related requirements;

(b) cooperating with the CMA for the purposes of securing that the undertaking complies with the digital markets requirement and all related requirements to the satisfaction of the CMA;

(3) A “digital markets requirement” is any of the following—

(a) a conduct requirement under section 19;

(b) a requirement imposed by virtue of a pro-competition order under section 46;

(4) A “related requirement” is any of the following relating to a digital markets requirement—

(a) a requirement imposed by virtue of an enforcement order under section 31 or section 32;

(b) the requirement to comply with a commitment given under section 36;

(d) a requirement in a direction under section 87 of EA 2002 (delegated power of directions) given by virtue of a pro-competition order (see section 51 (1)).

(5) A nominated officer must be an individual who the undertaking—

(a) considers to be a senior manager of the undertaking, within the meaning of section 70 (3), and

(b) reasonably expects to be in a position to fulfil the functions set out in subsection (2) in relation to the digital markets requirement.

(6) An undertaking that is required to have a nominated officer under subsection (1) must, as soon as reasonably practicable, inform the CMA of the identity of the nominated officer (including any replacement officer).

Compliance reports

84

(1) An undertaking that is subject to a digital markets requirement (as defined in section 83 (3)) must provide the CMA with a compliance report in relation to that digital markets requirement for each reporting period (as specified in a notice under subsection (3)).

(2) A compliance report is a report setting out—

(a) the extent to which the nominated officer considers that the undertaking has complied with the digital markets requirement and each related requirement (see section 83 (4)) during the reporting period;

(b) how the undertaking has complied, and intends to continue to comply, with the digital markets requirement and each related requirement;

(c) such other information as the CMA may direct in relation to compliance with the digital markets requirement and each related requirement.

(3) At the same time as imposing a digital markets requirement on an undertaking, the CMA must give a notice to the undertaking specifying—

(a) the manner and form of the compliance report to be provided in relation to that digital markets requirement, and

(b) the reporting period for that digital markets requirement.

(4) The CMA may amend the requirements specified in a notice under subsection (3) by giving a further notice to the undertaking.

(5) The CMA may give a notice to an undertaking requiring it to publish a compliance report or a summary of a compliance report at such time, and in such manner and form, as the CMA may set out in the notice.

Chapter 7 — Enforcement and appeals

Civil penalties

Penalties for failure to comply with competition requirements

85

(1) Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a penalty on the undertaking.

(2) The requirements are—

(a) a requirement imposed by virtue of an enforcement order under section 31 or section 32,

(b) a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42),

(d) the requirement to comply with a commitment given under section 36 or 56.

(3) The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19.

(4) The CMA may impose a penalty on an undertaking or, where the undertaking is part of a group, the group, where the CMA considers that the undertaking or any member of the group has, without reasonable excuse, failed to comply with a requirement in Chapter 5 (mergers).

Amount of penalties under section 85

86

(1) The amount of a penalty imposed on a person under section 85 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in subsection (4).

(2) The amount of a penalty under section 85 (1) must be—

(a) a fixed amount,

(b) an amount calculated by reference to a daily rate, or

(3) The amount of a penalty under section 85 (3) or (4) must be a fixed amount.

(4) The maximum amounts of a penalty that may be imposed are—

(a) in the case of a fixed amount, an amount equal to 10% of the total value of the turnover of the undertaking or, where the undertaking is part of a group, the turnover of the group;

(b) in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 5% of the total value of the daily turnover of the undertaking or, where the undertaking is part of a group, the daily turnover of the group;

(c) in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amounts mentioned in paragraph (a), in relation to the fixed amount, and paragraph (b), in relation to the amount calculated by reference to a daily rate.

(5) In subsection (4), references to the total value of the turnover or daily turnover of an undertaking or group are to the total value of the turnover or daily turnover of the undertaking or, as the case may be, group, both inside and outside the United Kingdom.

Penalties for failure to comply with investigative requirements

87

(1) The CMA may impose a penalty on a person where it considers that the person has, without reasonable excuse—

(a) failed to comply with a requirement imposed by or under Chapter 6,

(b) given information which is false or misleading in a material particular in connection with any function of the CMA under this Part, or

(c) given information which is false or misleading in a material particular to another person knowing that the information was to be used for the purpose of giving information to the CMA in connection with any function of the CMA under this Part.

(2) The CMA may impose a penalty on an individual named as a senior manager under section 70 as well as on the undertaking that names the individual where—

(a) the CMA considers that the individual has failed, without reasonable excuse, to prevent a failure or an action by the undertaking of a sort mentioned in subsection (1), and

(b) the failure or action relates to an information notice in response to which the individual was named as a senior manager.

(3) The CMA may impose a penalty on an individual who is appointed by an undertaking to be a nominated officer under section 83 in relation to a digital markets requirement (within the meaning of that section), as well as on the undertaking that appoints the individual, where the CMA considers that the individual has failed, without reasonable excuse, to prevent the undertaking from failing to comply with a requirement in or under section 84 (compliance reports) in relation to that digital markets requirement.

(4) The CMA may impose a penalty on an individual where it considers that the individual has, without reasonable excuse, obstructed an officer of the CMA acting in the exercise of the officer’s powers under—

(a) section 74, or

(b) a warrant issued under section 75.

Amount of penalties under section 87

88

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