Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
17 Existing 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 may make transitional, transitory or saving provision in respect of any existing obligation.
(2) Provision may be made in reliance on subsection (1) only for the purpose of managing the impact of the revocation—
(a) on any person who benefited from the existing obligation, and
(b) in a way that appears to the CMA to be fair and reasonable.
(3) In Chapters 6 (investigatory powers and compliance reports) and 7 (enforcement and appeals), references to a “designated undertaking” are to be read as including an undertaking to which an existing obligation applies by virtue of provision made in reliance on subsection (1).
(4) Subsection (5) applies where the CMA decides, as a result of a further SMS investigation, to—
(a) designate an undertaking again in respect of a relevant digital activity, or
(b) designate an undertaking in respect of a different digital activity in reliance on section 10(4).
(5) Where this subsection applies, the CMA may—
(a) apply any existing obligation, with or without modification, to the designated undertaking in respect of the new designation;
(b) make transitional, transitory or saving provision in respect of any existing obligation.
(6) For the purposes of this section, an “existing obligation” is any—
(a) conduct requirement (see section 19),
(b) enforcement order (see section 31),
(c) commitment (see sections 36 and 56);
(d) final offer order (see section 41(2), or
(e) pro-competition order (see section 46(3)(a)),
that is in force in relation to a designated undertaking in respect of the relevant digital activity before the revocation mentioned in subsection (1) or, as the case may be, the designation mentioned in subsection (4).
(7) Provision made in reliance on this section is to be included in an SMS decision notice.
Your change, as a redline
17 Existing 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 may make transitional, transitory or saving provision in respect of any existing obligation.
(2) Provision may be made in reliance on subsection (1) only for the purpose of managing the impact of the revocation—
(a) on any person who benefited from the existing obligation, and
(b) in a way that appears to the CMA to be fair and reasonable.
(3) In Chapters 6 (investigatory powers and compliance reports) and 7 (enforcement and appeals), references to a “designated undertaking” are to be read as including an undertaking to which an existing obligation applies by virtue of provision made in reliance on subsection (1).
(4) Subsection (5) applies where the CMA decides, as a result of a further SMS investigation, to—
(a) designate an undertaking again in respect of a relevant digital activity, or
(b) designate an undertaking in respect of a different digital activity in reliance on section 10(4).
(5) Where this subsection applies, the CMA may—
(a) apply any existing obligation, with or without modification, to the designated undertaking in respect of the new designation;
(b) make transitional, transitory or saving provision in respect of any existing obligation.
(6) For the purposes of this section, an “existing obligation” is any—
(a) conduct requirement (see section 19),
(b) enforcement order (see section 31),
(c) commitment (see sections 36 and 56);
(d) final offer order (see section 41(2), or
(e) pro-competition order (see section 46(3)(a)),
that is in force in relation to a designated undertaking in respect of the relevant digital activity before the revocation mentioned in subsection (1) or, as the case may be, the designation mentioned in subsection (4).
(7) Provision made in reliance on this section is to be included in an SMS decision notice.
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