Digital Markets, Competition and Consumers Act 2024DMCCAUK · 2024 c. 13
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Sections

Section 2Designation of undertaking

(1) The CMA may designate an undertaking as having strategic market status (“SMS”) in respect of a digital activity carried out by the undertaking where the CMA considers that—
  • (a)
    the digital activity is linked to the United Kingdom (see section 4), and
  • (b)
    the undertaking meets the SMS conditions in respect of the digital activity.
(2) The SMS conditions are that the undertaking has—
  • (a)
    substantial and entrenched market power (see section 5), and
  • (b)
    a position of strategic significance (see section 6),

in respect of the digital activity.

(3) Subsection (1) is subject to section 7 (the turnover condition).
(4) The CMA may only designate an undertaking as having SMS in respect of a digital activity after carrying out an SMS investigation in accordance with this Chapter.

Annotations

Commencement Information

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