Legislation – Digital Markets, Competition and Consumers Act 2024

Part 1
Digital Markets

Chapter 1 Overview

Chapter 2 Strategic Market Status

Power to designate undertaking as having SMS

2 Designation of undertaking

3 Digital activities

4 Link to the United Kingdom

5 Substantial and entrenched market power

6 Position of strategic significance

7 The turnover condition

8 Turnover of an undertaking

9 Initial SMS investigations

10 Further SMS investigations

11 Procedure relating to SMS investigations

12 Closing an initial SMS investigation without a decision

13 Consultation on proposed decision

14 Outcome of SMS investigations

15 Notice requirements: decisions about whether to designate

16 Notice requirements: decisions to revoke a designation

17 Existing obligations

18 Designation period

Chapter 3 Conduct requirements

Imposition of conduct requirements

19 Power to impose conduct requirements

20 Permitted types of conduct requirement

21 Content of notice imposing a conduct requirement

22 Revocation of conduct requirements

23 Transitional provision relating to conduct requirements etc

24 Consultation in relation to a conduct requirement

25 Duty to keep conduct requirements under review

Enforcement of conduct requirements

26 Power to begin a conduct investigation

27 Consideration of representations

28 Closing a conduct investigation without making a finding

29 Countervailing benefits exemption

30 Notice of findings

31 Enforcement orders

32 Interim enforcement orders

33 Duration of enforcement orders

34 Revocation of enforcement orders

35 Duty to keep enforcement orders under review

Commitments relating to conduct requirements

37 Duty to keep commitments under review

Final offer mechanism

38 Power to adopt final offer mechanism

39 Collective submissions

40 Final offer mechanism

41 Final offers: outcome

42 Final offer orders: supplementary

43 Decision not to make final offer order

44 Duration and revocation of final offer orders

45 Duty to keep final offer orders under review

Chapter 4 Pro-competition interventions

46 Power to make pro-competition interventions

47 Power to begin a PCI investigation etc

48 Procedure relating to PCI investigations

49 Consultation on proposed PCI decision

50 PCI decision

51 Pro-competition orders

52 Replacement of pro-competition orders

53 Duration and revocation etc of pro-competition orders

54 Consultation

55 Duty to review pro-competition orders etc

Chapter 5 Mergers

57 Duty to report possible mergers etc

58 Qualifying status

59 Value of consideration

60 Content of report etc

61 Application of the duty to report etc

62 Acceptance of report

63 Delay to possible mergers etc

64 Timing of a reportable event

65 Authorisation for one person to act for another

66 Applications for review of decisions relating to mergers

67 Regulations about duty to report

68 Duty to keep compliance under review

Chapter 6 Investigatory powers etc and compliance reports

Investigatory powers etc

69 Power to require information

70 Requirement to name a senior manager

71 Power of access

72 Power to interview

73 Use of interview statements in prosecution

74 Power to enter business premises without a warrant

75 Power to enter premises under a warrant

76 Power to enter premises under a warrant: supplementary

77 Amendments to the Criminal Justice and Police Act 2001

78 Application for a warrant

79 Reports by skilled persons

80 Duty to preserve information

81 Privileged communications

82 Power of CMA to publish notice of investigative assistance

Compliance reports etc

83 Nominated officer

84 Compliance reports

Chapter 7 Enforcement and appeals

Civil penalties

85 Penalties for failure to comply with competition requirements

86 Amount of penalties under section 85

87 Penalties for failure to comply with investigative requirements

88 Amount of penalties under section 87

89 Procedure and appeals etc

90 Calculation of daily rates and turnover

91 Statement of policy on penalties

92 Monetary penalties: criminal proceedings and convictions

93 Destroying or falsifying information

94 False or misleading information

95 Obstructing an officer

96 Offences by officers of a body corporate etc

97 Offences: limits on extra-territorial jurisdiction

Further enforcement provisions etc

99 Director disqualification

100 Enforcement of requirements

101 Rights to enforce requirements of this Part

102 Treatment of CMA breach decisions etc

Applications for review

103 Applications for review etc

Chapter 8 Administration etc

104 Extension etc of periods

105 Extensions: supplementary

106 Exercise and delegation of functions

Regulatory coordination and information sharing

107 Coordination with relevant regulators

108 Recommendations to the CMA

109 Information sharing

110 Power to charge levy

111 Extra-territorial application

113 Consultation and publication of documents

115 Protected disclosures

116 Restriction on disclosure orders

118 General interpretation

Part 2
Competition

Chapter 1 Anti-trust

The Chapter 1 and 2 prohibitions

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

120 Repeal of exclusions relating to the European Coal and Steel Community

121 Duty to preserve documents relevant to investigations

122 Production of information authorised by warrant

123 Additional powers of seizure from domestic premises

Proceedings before the Competition Appeal Tribunal

124 Standard of review on appeals against interim measures directions

125 Declaratory relief

126 Exemplary damages

Chapter 2 Mergers

127 Relevant merger situations and special merger situations

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

129 Mergers of energy network enterprises

130 Mergers involving newspaper enterprises and foreign powers

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

132 Mutual agreements to extend time-limits: public interest cases

133 Publication of merger notices online

Chapter 3 Markets

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

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

136 Scope of market investigations

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

138 Final undertakings and orders: power to conduct trials

139 Duty of CMA to monitor undertakings and orders

140 Taking action in relation to regulated markets

Chapter 4 Cartels

141 Production of information authorised by warrant

Chapter 5 Miscellaneous

142 Attendance of witnesses etc

143 Civil penalties etc in connection with competition matters

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

145 Orders and regulations under CA 1998 and EA 2002

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

Part 3
Enforcement of consumer protection law

Chapter 1 Overview

Chapter 2 Relevant infringements

148 Relevant infringements

149 The UK connection condition

150 The specified prohibition condition

Chapter 3 Consumer protection orders and undertakings

Enforcers for purposes of Chapter

152 Designation criteria

Applications for enforcement orders and interim enforcement orders

153 Applications

154 CMA directions to other enforcers

155 Consultation

Powers of court on application under section 153

156 Enforcement orders and undertakings

157 Enforcement orders and undertakings: enhanced consumer measures

158 Enforcement orders: requirement to pay monetary penalty

159 Interim enforcement orders and undertakings

Online interface orders and interim online interface orders

160 Applications

161 Online interface orders

162 Interim online interface orders

Undertakings and further proceedings

163 Acceptance of undertakings by enforcers

164 Undertakings under section 163: enhanced consumer measures

165 Undertakings under section 163: procedural requirements

166 Consumer protection orders or undertakings to court: further proceedings

167 Undertakings to public designated enforcers: further proceedings

168 Monetary penalties under sections 166 and 167: amount

Notification of CMA

169 Notification requirements: applications

170 Notification requirements: undertakings

171 Notification requirements: proceedings

172 Notification requirements: convictions and judgments

Jurisdiction etc

173 Appropriate court

174 Effect of orders in other parts of the United Kingdom

176 Interconnected bodies corporate

177 Enhanced consumer measures: private designated enforcers

178 Substantiation of claims

179 Crown application

Chapter 4 Direct enforcement powers of CMA

180 Power of CMA to investigate suspected infringements

Infringement notices and penalties

181 Provisional infringement notice

182 Final infringement notice

183 Final infringement notice: directions to take enhanced consumer measures

Online interface notices

184 Online interface notices

185 Undertakings

186 Effect of undertakings under section 185

187 Undertakings under section 185: procedural requirements

188 Provisional breach of undertakings enforcement notice

189 Final breach of undertakings enforcement notice

190 Monetary penalties under section 189: amount

191 Provisional breach of directions enforcement notice

192 Final breach of directions enforcement notice

193 Monetary penalties under section 192: amount

194 Powers of court to enforce directions

195 Substantiation of claims

196 Variation or revocation of directions

False or misleading information

197 Provisional false information enforcement notice

198 Final false information enforcement notice

Miscellaneous and appeals

199 Statement of policy in relation to monetary penalties

200 Interconnected bodies corporate

201 Record-keeping and reporting requirements

Chapter 5 Monetary penalties: general provisions

203 Information to accompany orders or notices imposing monetary penalties

204 Determination of turnover

205 Power to amend amounts

206 Recovery of monetary penalties

207 Monetary penalties: further provision

Chapter 6 Investigatory powers

208 Investigatory powers of enforcers

Chapter 7 Miscellaneous

209 Powers to amend Schedule 15 and Schedule 16

211 Procedural requirements for making of rules

214 Minor and consequential amendments relating to this Part

215 Transitional and saving provision relating to this Part

216 Enforcement of requirements relating to secondary ticketing

Chapter 8 Interpretation of Part

217 Supply of goods or digital content

218 Supply of services

219 Accessories

220 Special relationships

221 Enhanced consumer measures

222 Other interpretative provisions

223 Index of defined expressions

Part 4
Consumer rights and disputes

Chapter 1 Protection from unfair trading

Prohibition of unfair commercial practices

225 Prohibition of unfair commercial practices

226 Misleading actions

227 Misleading omissions

228 Aggressive practices

229 Contravention of the requirements of professional diligence

230 Omission of material information from invitation to purchase

Public enforcement

231 Public enforcement

Consumers’ rights of redress relating to unfair commercial practices

232 Rights of redress

233 Rights of redress: further provision

234 Enforcement of rights of redress

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

Inertia selling

236 Inertia selling

Offences relating to unfair commercial practices

238 Defence of due diligence and innocent publication

239 Offences: criminal liability of others

240 Penalty for offences

241 Time limit for prosecution

242 Powers to amend this Chapter

243 Crown application

244 Validity of agreements

245 Meaning of “transactional decision”

246 Meaning of “average consumer”: general

247 Meaning of “average consumer”: vulnerable persons

248 Meaning of “product”

249 General interpretation

250 Index of defined terms

Consequential amendments and transitional provision

251 Consequential amendments relating to this Chapter

252 Transitional and saving provision relating to this Chapter

Chapter 2 Subscription contracts

254 Meaning of “subscription contract”

255 Excluded contracts

Duties of traders

256 Pre-contract information

257 Pre-contract information: additional requirements

258 Reminder notices

259 Content and timing etc of reminder notices

260 Arrangements for consumers to exercise right to end contract

261 Duties of trader on cancellation or end of subscription contract

Rights of consumers to cancel contract for breach

262 Terms implied into contracts

263 Right to cancel for breach of implied term

Cooling-off rights

264 Right to cancel during cooling-off periods

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

266 Cooling-off notice

Cancellation of contracts under this Chapter: further provision

267 Cancellation of subscription contract: further provision

Offence of failing to provide information about cooling-off rights

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

269 Defence of due diligence

270 Offences by officers of a body corporate etc

271 Penalty for offence and enforcement

General and miscellaneous provision

272 Information and notices: timing and burden of proof

273 Terms of a subscription contract which are of no effect

274 Other remedies for breach by trader

275 Application of this Chapter

276 Crown application

277 Power to make further provision in connection with this Chapter

Consequential amendments

278 Consequential amendments to the Consumer Rights Act 2015

279 Other consequential amendments

General interpretation

280 Interpretation

281 Index of defined expressions

Chapter 3 Consumer Savings Schemes

282 Meaning of “consumer savings scheme contract”

283 Other defined terms

284 Excluded arrangements

285 Insolvency protection requirement

286 Insurance arrangements

287 Trust arrangements

288 Information requirements

289 Consequential amendments

290 Interpretation

Chapter 4 Alternative dispute resolution for consumer contract disputes

Interpretation of Chapter 4

291 Meaning of “ADR” and related terms

292 Other definitions

Prohibition on acting as ADR provider without accreditation etc

293 Prohibitions relating to acting as ADR provider

294 Prohibitions relating to charging fees to consumers

Exempt ADR providers

295 Exempt ADR providers

Accreditation: procedure etc

296 Applications for accreditation or variation of accreditation

297 Determination of applications for accreditation or variation of accreditation

298 Revocation or suspension of accreditations etc

299 Fees payable by accredited ADR providers

300 ADR fees regulations

301 Accreditation criteria

Enforcement of prohibitions etc

302 Enforcement notices

Provision of Information etc

303 ADR information regulations

304 ADR information directions

305 Disclosure of ADR information by the Secretary of State

306 Meaning of “ADR information” and other terms in

Involvement of other bodies in the regulation of ADR providers

307 Power to provide for other persons to have accreditation functions etc

Complaints by consumers to traders

308 Duty of trader to notify consumer of ADR arrangements etc

Consequential amendments etc and transitional provision

309 Consequential amendments etc relating to this Chapter

310 Transitional provision relating to this Chapter

Part 5
Miscellaneous

Chapter 1 Competition in connection with motor fuel

311 Provision of information about competition in connection with motor fuel

312 Penalties for failure to comply with notices under section 311

313 Procedure and appeals

314 Statement of policy on penalties

315 Offences etc

316 Penalties under section 312 and offences under section 315

317 Information sharing

318 Expiry of this Chapter

Chapter 2 Provision of investigative assistance to overseas regulators

319 Provision of investigative assistance to overseas regulators

320 Requests for investigative assistance

321 The appropriateness of providing investigative assistance

322 Authorisation of the provision of investigative assistance

323 Notifications in respect of requests for investigative assistance

324 Guidance in connection with investigative assistance

325 Amendments to other legislation

Chapter 3 Miscellaneous

326 Disclosing information overseas

327 Duty of expedition on the CMA and sectoral regulators

328 Offenders assisting investigations and prosecutions: powers of the CMA

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

Part 6
General

330 Interpretation

331 Data protection

333 Consultation

334 Financial provision

335 Minor and consequential amendments

336 Power to make further consequential provision

337 Regulations

339 Commencement

340 Short title

SCHEDULES

Schedule 1 Procedure relating to commitments

Schedule 2 Mergers: holding of interests and rights

Schedule 3 Power of Competition Appeal Tribunal to grant declaratory relief

Schedule 4 Relevant and special merger situations

Schedule 5 Mergers: fast-track references under sections 22 and 33 of EA 2002

Schedule 6 Mergers of energy network enterprises

Schedule 7 Mergers involving newspaper enterprises and foreign powers

Schedule 8 Acceptance of undertakings at any stage of a market study or investigation

Schedule 9 Final undertakings and orders: power to conduct trials

Schedule 10 Civil penalties etc in connection with competition investigations

Schedule 11 Civil penalties etc in connection with breaches of remedies

Schedule 12 Civil penalties: amendments relating to sectoral regulators

Schedule 13 Service and extra-territoriality of notices under CA 1998 and EA 2002

Schedule 14 Orders and regulations under CA 1998 and EA 2002

Schedule 15 Consumer protection enactments

Schedule 16 Direct enforcement enactments

Schedule 17 Investigatory powers

Schedule 18 Part 3: minor and consequential amendments

Schedule 19 Part 3: transitional and saving provisions

Schedule 20 Commercial practices which are in all circumstances considered unfair

Schedule 21 Chapter 1 of Part 4: consequential amendments

Schedule 22 Excluded contracts

Schedule 23 Pre-contract information and reminder notices

Schedule 24 Excluded arrangements

Schedule 25 Exempt ADR providers

Schedule 26 Accreditation criteria

Schedule 27 Chapter 4 of Part 4: consequential amendments etc

Schedule 28 Provision of investigative assistance to overseas regulators

Schedule 29 Duty of expedition on sectoral regulators in respect of their competition functions

Schedule 30 Minor and consequential amendments

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Digital Markets, Competition and Consumers Act 2024, Section 39.

Changes to Legislation

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Part 1Digital Markets

Chapter 3Conduct requirements

Final offer mechanism

39Collective submissions

(1)

Where the CMA considers that—

(a)

the conditions in section 38(2), (3) and (4) are met in relation to a single transaction between the designated undertaking and two or more third parties, and

(b)

the third parties are capable of acting jointly in relation to final offer payment terms relating to the transaction,

the CMA may exercise the power in section 38(1) to invite the third parties (the “joined third parties”) to make a single submission to the CMA of final offer payment terms that the joined third parties collectively regard as fair and reasonable for the transaction.

(2)

Where the CMA proceeds in reliance on subsection (1), sections 40 to 44 apply as if—

(a)

in section 40(8) references to “the third party” were to any one or more of the joined third parties;

(b)

all other references to “the third party” were to the joined third parties.

(3)

Where the CMA considers that—

(a)

the conditions in section 38(2), (3) and (4) are met in relation to two or more transactions between the designated undertaking and two or more third parties,

(b)

the same terms as to payment are capable of applying to the transactions, and

(c)

the third parties are capable of acting jointly in relation to final offer payment terms relating to the transactions,

the CMA may exercise the power in section 38(1) to invite the third parties (the “grouped third parties”) to make a single submission to the CMA of final offer payment terms that the grouped third parties collectively regard as fair and reasonable for the transactions (the “grouped transactions”).

(4)

Where the CMA proceeds in reliance on subsection (3), sections 40 to 44 apply as if—

(a)

in the following provisions, references to “the third party” were to any one or more of the grouped third parties—

(i)

section 40(8);

(ii)

section 41(2)(b);

(iii)

section 42(1)(b);

(iv)

section 43(2);

(b)

all other references to “the third party” were to the grouped third parties;

(c)

in section 43(1) and (2), the reference to “the transaction” were to any one or more of the grouped transactions;

(d)

all other references to “the transaction” were to the grouped transactions.