Legislation – Digital Markets, Competition and Consumers Act 2024

has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

is an accessory to the infringing practice.

in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);

in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;

in either case, not to engage in the infringing practice in the course of the respondent’s business or another business;

in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

must be made in such form and manner, and to such an extent, as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the infringing practice;

is not an enhanced consumer measure for the purposes of this Chapter.

the enforcer may accept from the respondent any such variation of the undertaking that the enforcer considers appropriate for meeting the purposes for which the undertaking was given;

the enforcer may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the enforcer considers that the undertaking is no longer necessary to meet those purposes.

undertakings it has accepted under this section, and

reviews it has carried out into the effectiveness of such undertakings.

the likely benefit of the measures to consumers,

the costs likely to be incurred by the respondent, and

the likely cost to consumers of obtaining the benefit of the measures.

the cost of the measures, and

the reasonable administrative costs associated with taking the measures.

an undertaking under section 163(2) includes enhanced consumer measures offering compensation, and

a settlement agreement is entered into in connection with the payment of compensation.

accept a material variation of an undertaking under section 163, or

release the respondent from any such undertaking,

give notice to the respondent under subsection (3), and

consider any representations made in accordance with the notice.

the fact that the enforcer is proposing to act as mentioned in subsection (1),

the reasons for doing so, and

the means by which, and the time by which, representations may be made in relation to the proposed action.

makes a consumer protection order against a person (“the respondent”) on an application made by an enforcer (“the original application”), or

accepts an undertaking from the respondent under section 156 or 159 on the making of the original application.

an enforcement order,

an interim enforcement order,

an online interface order, or

an interim online interface order.

by the enforcer that made the original application, or

by any other enforcer other than a private designated enforcer.

make a consumer protection order (instead of making any other order it has power to make);

make an order requiring the respondent to pay a monetary penalty.

sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

the decision to impose the penalty, or

the nature or amount of the penalty.

section 168, which provides for the amount of penalties, and

section 203, which provides for information to accompany such orders.

make a consumer protection order (instead of making any other order it has power to make);

make an order requiring the respondent to pay a monetary penalty.

sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

the decision to impose the penalty, or

the nature or amount of the penalty.

section 168, which provides for the amount of penalties, and

section 203, which provides for information to accompany such orders.

a fixed amount,

an amount calculated by reference to a daily rate, or

a combination of a fixed amount and an amount calculated by reference to a daily rate.

in the case of a fixed amount, £150,000 or, if higher, 5% of the total value of the turnover (if any) of the respondent;

in the case of an amount calculated by reference to a daily rate, for each day £15,000 or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;

in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.

no account is to be taken of any days before notice of the application under section 166(3) or 167(2) was given to the respondent, and

unless the court determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the undertaking that the respondent has failed to comply with are complied with.