Digital Markets, Competition and Consumers Act 2024 (c. 13) – Part 1 – Digital Markets

Parts

Part 1Digital Markets

Chapter 1 – Overview

Section 1Overview
(1) This Part— (a) confers functions on the CMA in relation to the regulation of competition in digital markets, and (b) makes related provision. (2) Chapter 2 makes…

Chapter 2 – Strategic Market Status

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…
Section 3Digital activities
(1) For the purposes of this Part, the following are “digital activities”— (a) the provision of a service by means of the internet, whether for consideration or otherwise;…
Section 4Link to the United Kingdom
A digital activity is linked to the United Kingdom for the purposes of section 2(1) (a) if— (a) the digital activity has a significant number of UK users,…
Section 5Substantial and entrenched market power
In order to assess whether an undertaking has substantial and entrenched market power in respect of a digital activity for the purposes of section 2(2) (a), the CMA…
Section 6Position of strategic significance
An undertaking has a position of strategic significance in respect of a digital activity for the purposes of section 2(2) (b) where one or more of the following…
Section 7The turnover condition
(1) The CMA may not designate an undertaking as having SMS in respect of a digital activity unless the turnover condition is met in relation to the undertaking.…
Section 8Turnover of an undertaking
(1) This section applies for the purposes of the turnover condition. (2) The total value of the global turnover of an undertaking or group in the relevant period…
Section 9Initial SMS investigations
(1) The CMA may begin an initial SMS investigation where it has reasonable grounds to consider that it may be able to designate an undertaking as having SMS…
Section 10Further SMS investigations
(1) The CMA may begin a further SMS investigation in relation to the designation of a designated undertaking in respect of a relevant digital activity at any time…
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…
Section 12Closing an initial SMS investigation without a decision
(1) The CMA may close an initial SMS investigation at any time before it has reached a final view on the matters mentioned in paragraphs (a) and (b)…
Section 13Consultation on proposed decision
(1) The CMA must— (a) carry out a public consultation on any decision that it is considering making as a result of an SMS investigation (see section 14(1)…
Section 14Outcome of SMS investigations
(1) The CMA must— (a) in the case of an initial SMS investigation which it does not close under section 12 , decide whether to designate the undertaking…
Section 15Notice requirements: decisions about whether to designate
(1) Where the CMA decides as a result of an initial SMS investigation not to designate the undertaking to which the investigation relates as having SMS in respect…
Section 16Notice requirements: decisions to revoke a designation
(1) This section applies where the CMA decides, as a result of a further SMS investigation, to revoke the existing designation of a designated undertaking in respect of…
Section 17Existing obligations
(1) Where the CMA decides, as a result of a further SMS investigation, to revoke a designated undertaking’s designation in respect of a relevant digital activity, the CMA…
Section 18Designation period
(1) Where the CMA decides to designate an undertaking as having SMS in respect of a digital activity, the designation period is 5 years beginning with the day…

Chapter 3 – Conduct requirements

Section 19Power to impose conduct requirements
(1) The CMA may impose one or more conduct requirements on a designated undertaking by giving the undertaking a notice containing the information set out in section 21…
Section 20Permitted types of conduct requirement
(1) Conduct requirements are of a permitted type if they are within subsection (2) or (3) . (2) Requirements are within this subsection if they are for the…
Section 21Content of notice imposing a conduct requirement
A notice under section 19(1) or (2) must include, in relation to each conduct requirement or, as the case may be, each conduct requirement as varied, a statement…
Section 22Revocation of conduct requirements
(1) The CMA may revoke a conduct requirement with effect from such time as the CMA may determine. (2) Where the CMA decides to revoke a conduct requirement…
Section 23Transitional provision relating to conduct requirements etc
(1) A notice under section 19(1) or (2) (content of notice imposing a conduct requirement), or under section 22(2) (revocation of conduct requirements), may include transitional, transitory or…
Section 24Consultation in relation to a conduct requirement
(1) Before imposing a conduct requirement on a designated undertaking, the CMA must— (a) carry out a public consultation on the conduct requirement which it proposes to impose,…
Section 25Duty to keep conduct requirements under review
The CMA must keep under review, in relation to a designated undertaking— (a) whether to impose, vary or revoke a conduct requirement; (b) the extent to which it…
Section 26Power to begin a conduct investigation
(1) The CMA may begin an investigation (a “conduct investigation”) where it has reasonable grounds to suspect that an undertaking has breached a conduct requirement. (2) A conduct…
Section 27Consideration of representations
Before making a finding that an undertaking to which a conduct investigation relates has breached or is breaching a conduct requirement, the CMA must consider any representations that…
Section 28Closing a conduct investigation without making a finding
(1) The CMA may close a conduct investigation at any time without making a finding as to whether or not a breach of a conduct requirement has occurred.…
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…
Section 30Notice of findings
(1) The CMA must give a notice to the undertaking to which a conduct investigation relates setting out its findings as a result of the conduct investigation (subject…
Section 31Enforcement orders
(1) Where the CMA finds, as a result of a conduct investigation, that an undertaking has breached a conduct requirement, it may make an order (an “enforcement order”)…
Section 32Interim enforcement orders
(1) The CMA may make an enforcement order on an interim basis (an “interim enforcement order”) in relation to a suspected breach of a conduct requirement where— (a)…
Section 33Duration of enforcement orders
(1) An enforcement order (including a revised version of an order) comes into force at such time as the CMA may specify in the order. (2) An interim…
Section 34Revocation of enforcement orders
(1) The CMA may revoke an enforcement order by giving a notice to that effect to the undertaking to which the order applies. (2) The notice must include…
Section 35Duty to keep enforcement orders under review
The CMA must keep under review— (a) the extent to which an undertaking to which it has given an enforcement order is complying with that order, (b) the…
Section 36Commitments
(1) The CMA may accept an appropriate commitment from an undertaking subject to a conduct investigation as to its behaviour in respect of a conduct requirement to which…
Section 37Duty to keep commitments under review
The CMA must keep under review— (a) the appropriateness of a commitment or releasing an undertaking from a commitment, (b) the extent to which an undertaking which has…
Section 38Power to adopt final offer mechanism
(1) Where the CMA considers that the following three conditions are met in relation to a transaction between a designated undertaking and a third party, the CMA may—…
Section 39Collective submissions
(1) Where the CMA considers that— (a) the conditions in section 38(2) , (3) and (4) are met in relation to a single transaction between the designated undertaking…
Section 40Final offer mechanism
(1) The power conferred by section 38(1) is to be exercised by giving a notice (a “final offer initiation notice”) to the designated undertaking and the third party.…
Section 41Final offers: outcome
(1) This section applies where— (a) the CMA has exercised its power under section 38(1) , and (b) either— (i) the CMA has received final offer payment terms…
Section 42Final offer orders: supplementary
(1) A final offer order must impose on the designated undertaking such obligations as the CMA considers appropriate for the purpose of— (a) securing compliance with the requirement…
Section 43Decision not to make final offer order
(1) The CMA may decide not to make a final offer order in relation to the transaction where it has reasonable grounds to believe that there has been…
Section 44Duration and revocation of final offer orders
(1) A final offer order comes into force at such time as the CMA may specify in the order. (2) A final offer order ceases to have effect—…
Section 45Duty to keep final offer orders under review
The CMA must keep under review— (a) the extent to which an undertaking to which it has given a final offer order is complying with that order, (b)…

Chapter 4 – Pro-competition interventions

Section 46Power to make pro-competition interventions
(1) The CMA may make a pro-competition intervention (a “PCI”) in relation to a designated undertaking where, following a PCI investigation (see section 47 ), the CMA considers…
Section 47Power to begin a PCI investigation etc
(1) The CMA may begin an investigation (a “PCI investigation”) in relation to a designated undertaking where it has reasonable grounds to consider that a factor or combination…
Section 48Procedure relating to PCI investigations
(1) Where the CMA begins a PCI investigation it must give the designated undertaking to which the investigation relates a notice (a “PCI investigation notice”). (2) The PCI…
Section 49Consultation on proposed PCI decision
(1) Before making a final decision (a “PCI decision”) on whether to make a PCI as a result of a PCI investigation, the CMA must— (a) carry out…
Section 50PCI decision
(1) The CMA must give the designated undertaking to which a PCI investigation relates a notice of the PCI decision resulting from the investigation on or before the…
Section 51Pro-competition orders
(1) A pro-competition order may include any provision that may be included in an enforcement order under section 161 of EA 2002 (final orders following market investigation references;…
Section 52Replacement of pro-competition orders
(1) The CMA may, by making a further pro-competition order, replace a pro-competition order where it considers that it is appropriate to do so, having regard in particular…
Section 53Duration and revocation etc of pro-competition orders
(1) A pro-competition order comes into force at such time as the CMA may specify in the order. (2) A pro-competition order ceases to have effect— (a) when…
Section 54Consultation
(1) The CMA must carry out a public consultation on the terms of any pro-competition order before making it (subject to subsection (4) ). (2) The duty to…
Section 55Duty to review pro-competition orders etc
(1) The CMA must carry out a review of a pro-competition order, including a replacement order, to determine whether to— (a) revoke it without making a replacement order,…
Section 56Commitments
(1) The CMA may accept an appropriate commitment from a designated undertaking as to its conduct in respect of an adverse effect on competition or a detrimental effect…

Chapter 5 – Mergers

Section 57Duty to report possible mergers etc
(1) A relevant person (in this Chapter, “P”) must report an event to which subsection (2) or (3) applies (a “reportable event”) to the CMA before the event…
Section 58Qualifying status
(1) For the purposes of section 57(2) , an event results in P having qualifying status in respect of shares or voting rights in relation to a UK-connected…
Section 59Value of consideration
(1) The references in section 57(2) (b) to the value of all consideration provided by P for shares or voting rights in a UK-connected body corporate is a…
Section 60Content of report etc
(1) The CMA must by notice make provision setting out— (a) the information which a report for the purposes of section 57(1) must contain; (b) the form in…
Section 61Application of the duty to report etc
(1) Two or more persons may comply with the duty in section 57(1) by making a joint report to the CMA. (2) For the purposes of this Chapter,…
Section 62Acceptance of report
(1) Where the CMA receives a report under section 57(1) , the CMA must, within the period of 5 working days beginning with the first working day after…
Section 63Delay to possible mergers etc
(1) A person to whom the duty in section 57(1) applies in relation to a reportable event must not allow the event to take place— (a) without a…
Section 64Timing of a reportable event
Where a reportable event results from an agreement providing for P to acquire shares or voting rights, or to form a joint venture vehicle together with at least…
Section 65Authorisation for one person to act for another
(1) P may authorise another person to make a report under section 57(1) and receive the notice under section 62(1) which relates to the report on P’s behalf…
Section 66Applications for review of decisions relating to mergers
Section 120 of EA 2002 (review of decisions under Part 3 of EA 2002 : mergers) applies in relation to a decision made by the CMA in connection…
Section 67Regulations about duty to report
(1) The Secretary of State may by regulations make provision about the duty to report a reportable event. (2) The Secretary of State must consult the CMA before…
Section 68Duty to keep compliance under review
The CMA must keep under review— (a) the extent to which persons comply with provisions made by, under or by virtue of this Chapter, and (b) the appropriateness…

Chapter 6 – Investigatory powers etc and compliance reports

Section 69Power to require information
(1) For the purpose of exercising, or deciding whether to exercise, any of its digital markets functions, the CMA may require a person (“P”) to give specified information…
Section 70Requirement to name a senior manager
(1) Where the CMA gives an information notice to a designated undertaking or an undertaking that is the subject of a breach investigation, the CMA may include in…
Section 71Power of access
(1) The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach investigation—…
Section 72Power to interview
(1) If the CMA considers that an individual (“X”) has information relevant to a digital markets investigation, the CMA may give a notice to X requiring X to…
Section 73Use of interview statements in prosecution
(1) A statement by X in response to a requirement imposed by virtue of section 72 (a “section 72 statement”) may only be used in evidence against X—…
Section 74Power to enter business premises without a warrant
(1) For the purposes of a breach investigation, the CMA may authorise an officer of the CMA (“an investigating officer”) to enter any business premises (see section 71(7)…
Section 75Power to enter premises under a warrant
(1) On an application made to it by the CMA for the purposes of a breach investigation, the court or the Tribunal may issue a warrant if it…
Section 76Power to enter premises under a warrant: supplementary
(1) A warrant under section 75 must describe— (a) the subject matter and purpose of the breach investigation, and (b) the offence created by section 95 . (2)…
Section 77Amendments to the Criminal Justice and Police Act 2001
(1) The Criminal Justice and Police Act 2001 is amended as follows. (2) In section 50 (additional powers of seizure from premises), at the end insert— “(7) Without…
Section 78Application for a warrant
(1) An application for a warrant under section 75 must be made— (a) in the case of an application to the court, in accordance with rules of court;…
Section 79Reports by skilled persons
(1) The CMA may exercise the powers in this section in relation to a designated undertaking, an undertaking that is the subject of a breach investigation or an…
Section 80Duty to preserve information
(1) A person to whom any of subsections (2) , (3) , (4) and (5) applies must not, without reasonable excuse— (a) destroy, otherwise dispose of, falsify or…
Section 81Privileged communications
(1) A person may not be required under any provision of this Chapter to produce, generate or give to the CMA or an officer of the CMA a…
Section 82Power of CMA to publish notice of investigative assistance
(1) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this…
Section 83Nominated officer
(1) An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for carrying out…
Section 84Compliance reports
(1) An undertaking that is subject to a digital markets requirement (as defined in section 83(3) ) must provide the CMA with a compliance report in relation to…

Chapter 7 – Enforcement and appeals

Section 85Penalties for failure to comply with competition requirements
(1) Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2) , it may impose a penalty…
Section 86Amount of penalties under section 85
(1) The amount of a penalty imposed on a person under section 85 may be such amount as the CMA considers appropriate, provided it does not exceed the…
Section 87Penalties for failure to comply with investigative requirements
(1) The CMA may impose a penalty on a person where it considers that the person has, without reasonable excuse— (a) failed to comply with a requirement imposed…
Section 88Amount of penalties under section 87
(1) The amount of a penalty imposed on a person under section 87 may be such amount as the CMA considers appropriate, provided it does not exceed the…
Section 89Procedure and appeals etc
(1) Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), 114 (appeals), and 115 (recovery of penalties) of EA 2002 apply in relation to a…
Section 90Calculation of daily rates and turnover
(1) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned…
Section 91Statement of policy on penalties
(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under sections 85 and 87 .…
Section 92Monetary penalties: criminal proceedings and convictions
(1) The CMA may not impose a penalty on a person under section 87 in relation to an act or omission which constitutes an offence under section 93…
Section 93Destroying or falsifying information
(1) A person (“P”) commits an offence if, having been required to give information to the CMA or any other person under a provision of Chapter 6 ,…
Section 94False or misleading information
(1) A person (“P”) commits an offence if— (a) P gives information to the CMA in connection with any of the CMA’s digital markets functions, (b) the information…
Section 95Obstructing an officer
(1) A person (“P”) commits an offence if P intentionally obstructs an officer of the CMA acting in the exercise of the officer’s powers under— (a) section 74…
Section 96Offences by officers of a body corporate etc
(1) If an offence under section 93 , 94 or 95 committed by a body corporate is proved— (a) to have been committed with the consent or connivance…
Section 97Offences: limits on extra-territorial jurisdiction
A person does not commit an offence under section 93 , 94 or 95 (including as those sections are applied by section 96 ) by virtue of an…
Section 98Sentences
A person guilty of an offence under section 93 , 94 or 95 is liable— (a) on summary conviction in England and Wales, to a fine; (b) on…
Section 99Director disqualification
(1) In the Company Directors Disqualification Act 1986 , in section 9A (competition disqualification order), in subsection (4)— (a) in the words before paragraph (a), for “either” substitute…
Section 100Enforcement of requirements
(1) If a person fails, without reasonable excuse, to comply with a requirement mentioned in subsection (2) (a “subsection (2) requirement”), the CMA may apply to the court…
Section 101Rights to enforce requirements of this Part
(1) A relevant requirement is to be treated as a duty owed by the person that is subject to the requirement to any other person (“P”) who may…
Section 102Treatment of CMA breach decisions etc
(1) The appropriate court (see section 101 ) and the Tribunal are bound by a CMA breach decision once it has become final. (2) A CMA breach decision…
Section 103Applications for review etc
(1) A person with a sufficient interest in any decision to which subsection (2) applies may apply to the Tribunal in accordance with Tribunal rules for a review…

Chapter 8 – Administration etc

Section 104Extension etc of periods
(1) The CMA may publish a notice extending a relevant investigation period or a final offer period by a period of up to 3 months where it considers…
Section 105Extensions: supplementary
(1) A period may be extended under both section 104(1) and (3) . (2) No more than one extension is possible under section 104(1) . (3) Where a…
Section 106Exercise and delegation of functions
(1) The CMA may make a reference to the CMA chair for the constitution of a group under Schedule 4 to ERRA 2013 in respect of any non-reserved…
Section 107Coordination with relevant regulators
(1) The CMA must consult the FCA on a proposal to exercise a regulatory digital markets function in respect of a matter where the CMA considers the matter…
Section 108Recommendations to the CMA
(1) The FCA or OFCOM may make a recommendation to the CMA where they consider that the CMA should exercise a regulatory digital markets function in relation to…
Section 109Information sharing
(1) In Schedule 14 to EA 2002 (provisions about disclosure of information) at the appropriate place insert— “ Part 1 of the Digital Markets, Competition and Consumers Act…
Section 110Power to charge levy
(1) The CMA may require an undertaking to pay it a levy in respect of a chargeable year during the whole or part of which the undertaking is…
Section 111Extra-territorial application
(1) Unless otherwise stated, this Part applies in relation to persons outside the United Kingdom. (2) A power to give a notice to a person outside the United…
Section 112Defamation
For the purposes of the law relating to defamation, absolute privilege attaches to anything done by the CMA in the exercise of any of its functions under this…
Section 113Consultation and publication of documents
(1) The CMA must comply with any duty to consult under this Part in such manner as it considers practicable, having regard in particular to— (a) any need…
Section 114Guidance
(1) The CMA must publish guidance on how it will exercise its functions under this Part. (2) The CMA may revise or replace guidance published under this section.…
Section 115Protected disclosures
In the Public Interest Disclosure (Prescribed Persons) Order 2014 ( S.I. 2014/2418 ), in the table in the Schedule, in the entry for the Competition and Markets Authority,…
Section 116Restriction on disclosure orders
(1) This section applies for the purposes of— (a) digital markets proceedings, or (b) competition proceedings. (2) A court or the Tribunal must not make a disclosure order…
Section 117Groups
(1) This section makes provision about groups for the purposes of this Part. (2) An undertaking is part of a group if one or more bodies corporate which…
Section 118General interpretation
(1) In this Part— “breach investigation” means an investigation (including a conduct investigation) into whether an undertaking is breaching or has breached a requirement imposed on the undertaking…

https://dmcca.digiphile.law/part/part-1.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.