Digital Markets, Competition and Consumers Act 2024 (c. 13) – Section 29 – Countervailing benefits exemption

Sections

Section 29Countervailing benefits exemption

(1) The CMA must close a conduct investigation under section 28 where representations made by the undertaking to which the investigation relates lead the CMA to consider that the countervailing benefits exemption applies.

(2) The countervailing benefits exemption applies where—

(a)
the conduct to which the investigation relates gives rise to benefits to users or potential users of the digital activity in respect of which the conduct requirement in question applies,
(b)
those benefits outweigh any actual or likely detrimental impact on competition resulting from a breach of the conduct requirement,
(c)
those benefits could not be realised without the conduct,
(d)
the conduct is proportionate to the realisation of those benefits, and
(e)
the conduct does not eliminate or prevent effective competition.

(3) Where the CMA closes a conduct investigation as a result of subsection (1), the undertaking to which the decision relates is to be treated as if the CMA had found that the conduct did not constitute a breach of the conduct requirement.

Annotations

Commencement Information

I1 S. 29 not in force at Royal Assent, see s. 339(1)
I2 S. 29 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)

https://dmcca.digiphile.law/article/article-29.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.