Digital Markets, Competition and Consumers Act 2024

Prospective

220 Special relationships U.K.

(1) This section applies for the purposes of this Part.

(2) A person has a special relationship with a body corporate if the person is—

(a) a controller of the body corporate, or

(b) a director, manager, secretary or other similar officer of the body corporate or a person purporting to act in such a capacity.

(3) A person is a controller of a body corporate if—

(a) the directors of the body corporate, or of another body corporate which is its controller, are accustomed to act in accordance with the person’s directions or instructions, or

(b) either alone or with one or more associates, the person is entitled to exercise or control the exercise of one third or more of the voting power at any general meeting of the body corporate or of another body corporate which is its controller.

(4) A person (“P”) is an associate of an individual if—

(a) P is the spouse or civil partner of the individual;

(b) P is a relative of the individual;

(c) P is a relative of the individual’s spouse or civil partner;

(d) P is the spouse or civil partner of a relative of the individual;

(e) P is a spouse or civil partner of a relative of the individual’s spouse or civil partner;

(f) P lives in the same household as the individual otherwise than merely because P, or the individual, is the other’s employer, tenant, lodger or boarder;

(g) P is the relative of a person who is an associate of the individual by virtue of paragraph (f);

(h) P has at some time in the past fallen within any of paragraphs (a) to (g);

(i) P is in partnership with the individual;

(j) the individual is an associate of an individual with whom P is in partnership.

(5) A person (“P”) is an associate of a body corporate if—

(a) P is a controller of the body corporate, or

(b) P is an associate of a person who is a controller of the body corporate.

(6) A body corporate is an associate of another body corporate if—

(a) the same person is a controller of both;

(b) a person (“P”) is a controller of one and persons who are P’s associates are controllers of the other;

(c) a person (“P”) is a controller of one and P and persons who are P’s associates are controllers of the other;

(d) a group of two or more persons is a controller of each company and the groups consist of the same persons;

(e) a group of two or more persons is a controller of each company and the groups may be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom that person is an associate.

(7) In this section “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.

Commencement Information

I1 S. 220 not in force at Royal Assent, see s. 339(1)