Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
160 Applications
(1) A public designated enforcer may apply to the appropriate court for an online interface order, or an interim online interface order, if the enforcer considers that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement.
(2) An application for an online interface order, or an interim online interface order, may be made in respect of—
(a) the person that the enforcer considers has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or
(b) any other person (subject to subsection (3)).
(3) An application under subsection (2)(b) in respect of a person who is outside the United Kingdom may be made only if the person—
(a) is a United Kingdom national,
(b) is an individual who is habitually resident in the United Kingdom,
(c) is a firm established in the United Kingdom, or
(d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.
(4) For the purposes of subsection (3)(c), a firm is “established in the United Kingdom” if—
(a) it is incorporated or formed under the law of a part of the United Kingdom, or
(b) it is administered under arrangements governed by the law of a part of the United Kingdom.
(5) Section 154 (CMA directions to other enforcers) applies where it appears to the CMA that another public designated enforcer intends to make an application for an online interface order, or an interim online interface order, as it applies in relation to intended applications for enforcement orders and interim enforcement orders, but for this purpose the reference to such other enforcer in subsection (2)(b) is to be taken as a reference only to such other public designated enforcer.
(6) Nothing in this section or in section 161 or 162 limits other powers under this Chapter to make enforcement orders or interim enforcement orders or to accept undertakings.
Your change, as a redline
160 Applications
(1) A public designated enforcer may apply to the appropriate court for an online interface order, or an interim online interface order, if the enforcer considers that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement.
(2) An application for an online interface order, or an interim online interface order, may be made in respect of—
(a) the person that the enforcer considers has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or
(b) any other person (subject to subsection (3)).
(3) An application under subsection (2)(b) in respect of a person who is outside the United Kingdom may be made only if the person—
(a) is a United Kingdom national,
(b) is an individual who is habitually resident in the United Kingdom,
(c) is a firm established in the United Kingdom, or
(d) carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.
(4) For the purposes of subsection (3)(c), a firm is “established in the United Kingdom” if—
(a) it is incorporated or formed under the law of a part of the United Kingdom, or
(b) it is administered under arrangements governed by the law of a part of the United Kingdom.
(5) Section 154 (CMA directions to other enforcers) applies where it appears to the CMA that another public designated enforcer intends to make an application for an online interface order, or an interim online interface order, as it applies in relation to intended applications for enforcement orders and interim enforcement orders, but for this purpose the reference to such other enforcer in subsection (2)(b) is to be taken as a reference only to such other public designated enforcer.
(6) Nothing in this section or in section 161 or 162 limits other powers under this Chapter to make enforcement orders or interim enforcement orders or to accept undertakings.
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