Legislation – Digital Markets, Competition and Consumers Act 2024

has started an investigation under section 180 which is continuing, and

has not given a final infringement notice or an online interface notice in relation to the matter under investigation.

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

is an accessory to such a practice.

in the case of an undertaking from a person within subsection (2)(a), not to continue or repeat the infringing practice (where the CMA believes the person has engaged or is engaging in the practice);

in the case of an undertaking from a person within subsection (2)(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 person’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 person has a special relationship (see section 220).

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

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

if and to the extent that the notice relates to anything not addressed by the acceptance of the undertaking mentioned in subsection (1);

if the CMA considers that there has been a material change of circumstances since the undertaking was accepted;

if the CMA has reasonable grounds for suspecting that a person from whom the undertaking was accepted has failed to adhere to one or more of the terms of the undertaking;

if the CMA has reasonable grounds for suspecting that information which led it to accept the undertaking was incomplete, false or misleading in a material way.

accept a material variation of an undertaking under section 185, or

release a person from any such undertaking,

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

consider any representations made in accordance with the notice.

the fact that the CMA 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.

the CMA has accepted an undertaking from a person (“the respondent”) under section 185, and

the CMA has reasonable grounds to believe that the respondent has failed to comply with one or more of the terms of the undertaking.

set out the grounds on which it is given, including the respondent’s alleged acts or omissions giving rise to the belief mentioned in subsection (1)(b);

set out proposed directions for the purpose of securing that the respondent complies with subsection (5);

invite the respondent to make representations to the CMA about the giving of the notice;

specify the means by which, and the time by which, such representations must be made.

in the case of a respondent within section 185(2)(a), not continuing or repeating the infringing practice (where it is believed that the respondent has engaged or is engaging in that practice);

in the case of a respondent within section 185(2)(b), not consenting to or conniving in the infringing practice;

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

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

that the CMA is considering imposing a monetary penalty;

the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

any further factors (in addition to those provided under subsection (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.

the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 188,

the time for the respondent to make representations to the CMA in accordance with that notice has expired, and

after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with one or more of the terms of the undertaking.

to comply with such directions as the CMA considers appropriate for the purpose of securing that the respondent complies with section 188(5);

to pay a monetary penalty in respect of the failure mentioned in subsection (1)(c).

set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the failure mentioned in subsection (1)(c);

state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;

if directions are given under subsection (3)(a), specify the actions to be taken by the respondent in accordance with the directions;

if a penalty is imposed under subsection (3)(b), specify the monetary penalty information (see section 203);

state that the respondent has a right to appeal against the notice and the main details of that right (so far as not stated in accordance with paragraph (d)).

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 the date on which the provisional breach of undertakings enforcement notice was given to the respondent, and

unless the CMA determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the final breach of undertakings enforcement notice are complied with.