Legislation – Digital Markets, Competition and Consumers Act 2024
Part 1
Digital Markets
Chapter 2 Strategic Market Status
Power to designate undertaking as having SMS
5 Substantial and entrenched market power
6 Position of strategic significance
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
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
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
38 Power to adopt final offer mechanism
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
52 Replacement of pro-competition orders
53 Duration and revocation etc of pro-competition orders
55 Duty to review pro-competition orders etc
57 Duty to report possible mergers etc
61 Application of the duty to report etc
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
69 Power to require information
70 Requirement to name a senior manager
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
80 Duty to preserve information
82 Power of CMA to publish notice of investigative assistance
Chapter 7 Enforcement and appeals
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
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
96 Offences by officers of a body corporate etc
97 Offences: limits on extra-territorial jurisdiction
Further enforcement provisions etc
100 Enforcement of requirements
101 Rights to enforce requirements of this Part
102 Treatment of CMA breach decisions etc
103 Applications for review etc
106 Exercise and delegation of functions
Regulatory coordination and information sharing
107 Coordination with relevant regulators
108 Recommendations to the CMA
111 Extra-territorial application
113 Consultation and publication of documents
116 Restriction on disclosure orders
Part 2
Competition
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
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
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
141 Production of information authorised by warrant
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 2 Relevant infringements
149 The UK connection condition
150 The specified prohibition condition
Chapter 3 Consumer protection orders and undertakings
Enforcers for purposes of Chapter
Applications for enforcement orders and interim enforcement orders
154 CMA directions to other enforcers
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
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
169 Notification requirements: applications
170 Notification requirements: undertakings
171 Notification requirements: proceedings
172 Notification requirements: convictions and judgments
174 Effect of orders in other parts of the United Kingdom
176 Interconnected bodies corporate
177 Enhanced consumer measures: private designated enforcers
Chapter 4 Direct enforcement powers of CMA
180 Power of CMA to investigate suspected infringements
Infringement notices and penalties
181 Provisional infringement notice
183 Final infringement notice: directions to take enhanced consumer measures
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
196 Variation or revocation of directions
False or misleading information
197 Provisional false information enforcement notice
198 Final false information enforcement notice
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
206 Recovery of monetary penalties
207 Monetary penalties: further provision
Chapter 6 Investigatory powers
208 Investigatory powers of enforcers
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
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
229 Contravention of the requirements of professional diligence
230 Omission of material information from invitation to purchase
Consumers’ rights of redress relating to unfair commercial practices
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
Offences relating to unfair commercial practices
238 Defence of due diligence and innocent publication
239 Offences: criminal liability of others
241 Time limit for prosecution
242 Powers to amend this Chapter
245 Meaning of “transactional decision”
246 Meaning of “average consumer”: general
247 Meaning of “average consumer”: vulnerable persons
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”
257 Pre-contract information: additional requirements
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
264 Right to cancel during cooling-off periods
265 Meaning of “initial cooling-off period” and “renewal cooling-off period”
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
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
277 Power to make further provision in connection with this Chapter
278 Consequential amendments to the Consumer Rights Act 2015
279 Other consequential amendments
281 Index of defined expressions
Chapter 3 Consumer Savings Schemes
282 Meaning of “consumer savings scheme contract”
285 Insolvency protection requirement
Chapter 4 Alternative dispute resolution for consumer contract disputes
291 Meaning of “ADR” and related terms
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
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
Enforcement of prohibitions 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
314 Statement of policy on penalties
316 Penalties under section 312 and offences under section 315
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
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
335 Minor and consequential amendments
336 Power to make further consequential provision
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
Changes to legislation:
There are currently no known outstanding effects for the Digital Markets, Competition and Consumers Act 2024, Section 91.
Changes to Legislation
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Part 1Digital Markets
Chapter 7Enforcement and appeals
Civil penalties
91Statement of policy on penalties
(1)
(2)
The statement must include a statement about the considerations relevant to the determination of—
(b)
the nature and amount of any such penalty.
(3)
The CMA may revise its statement of policy and, where it does so, must publish the revised statement.
(4)
In preparing or revising its statement of policy the CMA must consult—
(a)
the Secretary of State, and
(b)
such other persons as the CMA considers appropriate.
(5)
A statement of policy, or revised statement, may not be published under this section without the approval of the Secretary of State.
(6)
Subsection (7) applies where the CMA proposes to impose a penalty on a person.
(7)
The CMA must have regard to the statement of policy most recently published under this section at the time of the act or omission giving rise to the penalty when deciding—
(a)
whether to impose the penalty, and
(b)
if so, the amount of the penalty.