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Digital Markets, Competition and Consumers Act 2024

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Changes over time for: Section 38

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Point in time view as at 24/05/2024. This version of this provision is prospective. Help about Status

Changes to legislation:

Digital Markets, Competition and Consumers Act 2024, Section 38 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Prospective

38Power to adopt final offer mechanismU.K.
This section has no associated Explanatory Notes

(1)Where the CMA considers that the following three conditions are met in relation to a transaction between a designated undertaking and a third party, the CMA may—

(a)require the undertaking, and

(b)invite the third party,

to submit to the CMA terms as to payment (“final offer payment terms”) which the undertaking or, as the case may be, the third party regards as fair and reasonable for the transaction.

(2)The first condition is that the transaction is a transaction in which the designated undertaking would—

(a)provide goods or services to the third party, or

(b)acquire goods or services from, or use goods or services of, the third party.

(3)The second condition is that, by failing to agree fair and reasonable terms as to payment for the transaction, the designated undertaking has breached an enforcement order, other than an interim enforcement order, made in relation to a breach of a conduct requirement of the type permitted by section 20(2)(a) (requirement to trade on fair and reasonable terms).

(4)The third condition is that the CMA could not satisfactorily address the breach within a reasonable time frame by exercising any of its other digital markets functions.

(5)In subsection (1), “transaction” means—

(a)a future transaction, or

(b)the future performance of an ongoing transaction,

whether in accordance with a contract or otherwise.

(6)In sections 39 to 44

  • the designated undertaking” means the undertaking mentioned in subsection (1);

  • the transaction” means the transaction mentioned in subsection (1);

  • the third party” means the third party mentioned in subsection (1).

Commencement Information

I1S. 38 not in force at Royal Assent, see s. 339(1)

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