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

Schedules

Schedule 1Procedure relating to commitmentsSection 36

Application of Schedule

1 This Schedule applies for the purposes of Chapters 3 and 4 in relation to—
  • (a)
    accepting a commitment,
  • (b)
    accepting a variation of a commitment (a “requested variation”), or
  • (c)
    releasing an undertaking from the requirement to comply with a commitment.

Procedure for accepting a commitment or requested variation

2
(1) Before accepting a commitment or a requested variation the CMA must—
  • (a)
    publish a notice under this paragraph, and
  • (b)
    consider any representations made in accordance with the notice and not withdrawn.
(2) The notice must include—
  • (a)
    the commitment or requested variation that the CMA proposes to accept,
  • (b)
    the conduct requirement or, as the case may be, actual or suspected adverse effect on competition to which the commitment or variation relates,
  • (c)
    the CMA’s reasons for its proposed decision, and
  • (d)
    the period within which representations may be made in relation to the proposed commitment or requested variation.
3
(1) Before accepting a modification of a commitment or requested variation, of which notice has been given under paragraph 2(1), the CMA must—
  • (a)
    publish a notice under this paragraph, and
  • (b)
    consider any representations made in accordance with the notice and not withdrawn.
(2) The notice must include—
  • (a)
    the proposed modifications,
  • (b)
    the reasons for them, and
  • (c)
    the period within which representations may be made in relation to them.
4 The CMA must publish notice of its decision on whether to, and the form in which it will, accept a commitment or a requested variation as soon as reasonably practicable.
5 The requirements of paragraphs 2 and 3 do not apply in relation to a proposed modification which the CMA does not consider material.

Procedure for releasing an undertaking from a commitment

6
(1) Before releasing an undertaking from a commitment the CMA must—
  • (a)
    publish a notice under this paragraph, and
  • (b)
    consider any representations made in accordance with the notice and not withdrawn.
(2) The notice must include—
  • (a)
    that the CMA proposes to release the undertaking from the commitment,
  • (b)
    the reasons for the CMA’s proposal, and
  • (c)
    the period within which representations may be made in relation to the proposal.
7 The CMA must publish a notice of its decision on whether to release an undertaking from a commitment as soon as reasonably practicable.

Annotations

Commencement Information

  1. I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 339(1)
  2. I2 Sch. 1 para. 1 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  3. I3 Sch. 1 para. 2 not in force at Royal Assent, see s. 339(1)
  4. I4 Sch. 1 para. 2 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  5. I5 Sch. 1 para. 3 not in force at Royal Assent, see s. 339(1)
  6. I6 Sch. 1 para. 3 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  7. I7 Sch. 1 para. 4 not in force at Royal Assent, see s. 339(1)
  8. I8 Sch. 1 para. 4 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  9. I9 Sch. 1 para. 5 not in force at Royal Assent, see s. 339(1)
  10. I10 Sch. 1 para. 5 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  11. I11 Sch. 1 para. 6 not in force at Royal Assent, see s. 339(1)
  12. I12 Sch. 1 para. 6 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)
  13. I13 Sch. 1 para. 7 not in force at Royal Assent, see s. 339(1)
  14. I14 Sch. 1 para. 7 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(7)