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Digital Markets, Competition and Consumers Act 2024

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Changes over time for: Section 41

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Point in time view as at 24/05/2024.

Changes to legislation:

Digital Markets, Competition and Consumers Act 2024, Section 41 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

41Final offers: outcomeU.K.
This section has no associated Explanatory Notes

(1)This section applies where—

(a)the CMA has exercised its power under section 38(1), and

(b)either—

(i)the CMA has received final offer payment terms from both the designated undertaking and the third party, or

(ii)the CMA has received final offer payment terms from either the designated undertaking or the third party (but not both), and the submission date has passed.

(2)The CMA must, unless section 43(1) applies, make an order (a “final offer order”) requiring that final offer payment terms it has received from the designated undertaking or the third party are to be given effect for the purposes of—

(a)the transaction, and

(b)any transaction between the designated undertaking and the third party which is substantially the same as the transaction.

(3)The CMA must comply with subsection (2) on or before the last day of the period (the “final offer period”) of 6 months beginning with the day on which the final offer initiation notice is given to the designated undertaking and the third party.

(4)The Secretary of State may by regulations amend this section so as to modify the length of the final offer period.

(5)Regulations under subsection (4) are subject to the affirmative procedure.

Commencement Information

I1S. 41 in force at Royal Assent for specified purposes, see s. 339(2)(c)

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