Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
Schedule 1 Procedure relating to commitments
Section 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(b) consider any representations made in accordance with the notice and not withdrawn.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(b) consider any representations made in accordance with the notice and not withdrawn.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(b) consider any representations made in accordance with the notice and not withdrawn.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.
Your change, as a redline
Schedule 1 Procedure relating to commitments
Section 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.
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