Digital Markets, Competition and Consumers Act 2024

Prospective

153 Applications U.K.

(1) An enforcer may (subject to subsection (2)) apply to the appropriate court for an enforcement order or an interim enforcement order if the enforcer considers that—

(a) a person has engaged in, is engaging in or is likely to engage in a commercial practice which constitutes a relevant infringement, or

(b) a person is an accessory to such a practice.

(2) An enforcer may make an application in respect of a relevant infringement only if—

(a) in the case of a commercial practice in breach of an enactment listed in the first column of the Table in Part 1 of Schedule 15, the enforcer is an authorised enforcer in respect of that enactment in accordance with the second column of that Table;

(b) in the case of a commercial practice in breach of an obligation or rule of law listed in the first column of the Table in Part 2 of Schedule 15, the enforcer is an authorised enforcer in respect of that obligation or rule of law in accordance with the second column of that Table.

(3) An application for an enforcement order or an interim enforcement order—

(a) must be made in respect of the person the enforcer considers falls within subsection (1)(a) or (b) (“the respondent”), and

(b) must (where known) name the respondent.

(4) An application by a public designated enforcer for an enforcement order may, subject to subsection (5), include an application for the respondent to pay a monetary penalty.

(5) In the case of a respondent within subsection (1)(a), an application under subsection (4) may be made only in respect of a commercial practice that the enforcer considers a person has engaged, or is engaging, in (but not in respect of a practice that the enforcer considers a person is likely to engage in).

Commencement Information

I1 S. 153 not in force at Royal Assent, see s. 339(1)