Digital Markets, Competition and Consumers Act 2024 (c. 13) – Section 11 – Procedure relating to SMS investigations

Sections

Section 11Procedure relating to SMS investigations

(1) When the CMA begins an SMS investigation it must give the undertaking to which the investigation relates a notice (an “SMS investigation notice”).

(2) The SMS investigation notice must state—

(a)
in the case of an initial SMS investigation—
- (i)
  the reasonable grounds mentioned in section 9(1);
- (ii)
  that the CMA may close the investigation in accordance with section 12;
(b)
the purpose and scope of the SMS investigation;
(c)
the period by the end of which the CMA must give the undertaking a notice setting out its decisions as a result of the investigation (see section 14(2));
(d)
the circumstances in which that period may be extended (see section 104).

(3) The statement of the purpose and scope of the investigation must include a description of the undertaking and digital activities to which the investigation relates.

(4) The CMA must give the undertaking one or more revised versions of the SMS investigation notice if it changes its view of the purpose and scope of the investigation.

(5) As soon as reasonably practicable after giving an SMS investigation notice or a revised version of an SMS investigation notice, the CMA must—

(a)
publish the notice, and
(b)
give a copy of the notice to the FCA, OFCOM, [^F1the Information Commission], the Bank of England and the PRA.

Amended text

This Section is shown as amended by S.I. 2026/386 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 11(5)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 27(1)(2)(a); S.I. 2026/1015, reg. 2(c)

Commencement Information

I1 S. 11 not in force at Royal Assent, see s. 339(1)
I2 S. 11 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)

https://dmcca.digiphile.law/article/article-11.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Digital Markets, Competition and Consumers Act 2024. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.