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Digital Markets, Competition and Consumers Act 2024

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Change 1

What to do with it
As published

196 Variation or revocation of directions

(1) This section applies where the CMA proposes to— (a) make a material variation of an enforcement direction given to a person (“the respondent”), or (b) revoke any such direction. (2) Before taking the proposed action mentioned in subsection (1) the CMA must— (a) give notice to the respondent under subsection (3), and (b) consider any representations made in accordance with the notice. (3) A notice under this subsection must state— (a) the fact that CMA is proposing to act as mentioned in subsection (1), (b) the reasons for doing so, and (c) the means by which, and the time by which, representations may be made in relation to the proposed variation or revocation. (4) If after considering any representations made in accordance with a notice under subsection (3) the CMA decides to take the action mentioned in subsection (1), the CMA must give notice to the respondent of that decision. (5) The reference in subsection (1)(a) to a material variation is a reference to any variation that the CMA considers to be material in any respect. (6) In this section “enforcement direction” includes a direction given in a notice under section 192(5)(b).

Your change, as a redline

196 Variation or revocation of directions

(1) This section applies where the CMA proposes to— (a) make a material variation of an enforcement direction given to a person (“the respondent”), or (b) revoke any such direction. (2) Before taking the proposed action mentioned in subsection (1) the CMA must— (a) give notice to the respondent under subsection (3), and (b) consider any representations made in accordance with the notice. (3) A notice under this subsection must state— (a) the fact that CMA is proposing to act as mentioned in subsection (1), (b) the reasons for doing so, and (c) the means by which, and the time by which, representations may be made in relation to the proposed variation or revocation. (4) If after considering any representations made in accordance with a notice under subsection (3) the CMA decides to take the action mentioned in subsection (1), the CMA must give notice to the respondent of that decision. (5) The reference in subsection (1)(a) to a material variation is a reference to any variation that the CMA considers to be material in any respect. (6) In this section “enforcement direction” includes a direction given in a notice under section 192(5)(b).

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