Digital Markets, Competition and Consumers Act 2024
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Change 1
154 CMA directions to other enforcers
(1) This section applies where it appears to the CMA that another enforcer intends to make an application for an enforcement order or an interim enforcement order. (2) The CMA may direct that an application for such an order in respect of a particular relevant infringement— (a) may be made only by the CMA, (b) may be made only by such other enforcer as may be specified in the direction, or (c) is not to be made by any enforcer. (3) A direction under subsection (2)— (a) does not prevent the acceptance of an undertaking under section 163 by the CMA or another enforcer; (b) does not prevent the CMA from taking such other steps as it considers appropriate for the purpose of securing that the infringement is not committed, continued or repeated. (4) A direction under subsection (2)(c) may be made— (a) only in respect of an infringement that is a relevant infringement for the purposes of Chapter 4 (in addition to being a relevant infringement for the purposes of this Chapter), and (b) only if the CMA is conducting, or proposes to conduct, an investigation under section 180 in relation to that infringement. (5) A direction under this section may be varied or withdrawn. (6) The CMA must take such steps as it considers appropriate to bring a direction (or its variation or withdrawal) to the attention of enforcers likely to be affected by it.
154 CMA directions to other enforcers
(1) This section applies where it appears to the CMA that another enforcer intends to make an application for an enforcement order or an interim enforcement order. (2) The CMA may direct that an application for such an order in respect of a particular relevant infringement— (a) may be made only by the CMA, (b) may be made only by such other enforcer as may be specified in the direction, or (c) is not to be made by any enforcer. (3) A direction under subsection (2)— (a) does not prevent the acceptance of an undertaking under section 163 by the CMA or another enforcer; (b) does not prevent the CMA from taking such other steps as it considers appropriate for the purpose of securing that the infringement is not committed, continued or repeated. (4) A direction under subsection (2)(c) may be made— (a) only in respect of an infringement that is a relevant infringement for the purposes of Chapter 4 (in addition to being a relevant infringement for the purposes of this Chapter), and (b) only if the CMA is conducting, or proposes to conduct, an investigation under section 180 in relation to that infringement. (5) A direction under this section may be varied or withdrawn. (6) The CMA must take such steps as it considers appropriate to bring a direction (or its variation or withdrawal) to the attention of enforcers likely to be affected by it.
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