Digital Markets, Competition and Consumers Act 2024

32 Interim enforcement orders

(1) The CMA may make an enforcement order on an interim basis (an “interim enforcement order”) in relation to a suspected breach of a conduct requirement where—

(a) the CMA has begun a conduct investigation in relation to the suspected breach, and

(b) the CMA considers that it is necessary to act on an interim basis—

(i) to prevent significant damage to a particular person or category of person,

(ii) to prevent conduct which could reduce the effectiveness of any other steps the CMA might take in relation to the conduct requirement which it suspects the undertaking has breached or is breaching, or

(iii) to protect the public interest.

(2) An interim enforcement order must specify the suspected breach to which it relates.

(3) Before making an interim enforcement order, the CMA must give the undertaking to which it would relate an opportunity to make representations to it about the order which it proposes to make.

(4) But the duty in subsection (3) does not apply where the CMA considers that compliance would substantially reduce the effectiveness of the order.

(5) Where the CMA makes an interim enforcement order in relation to an undertaking without complying with subsection (3), the CMA must, as soon as reasonably practicable, give the undertaking a notice including—

(a) the reasons for the CMA’s decision to make the interim enforcement order without complying with subsection (3), and

(b) the period within which the undertaking may make representations in relation to the interim enforcement order (see subsection (7)).

(6) As soon as reasonably practicable after giving a notice under subsection (5), the CMA must publish the notice.

(7) The period mentioned in subsection (5)(b) is such period as the CMA may determine.

(8) The CMA must consider representations which it receives following a notice under subsection (5) as soon as reasonably practicable.