Search Legislation

Digital Markets, Competition and Consumers Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Schedule 8

 Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Digital Markets, Competition and Consumers Act 2024, Schedule 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Section 137

Schedule 8U.K.Acceptance of undertakings at any stage of a market study or investigation

This schedule has no associated Explanatory Notes

1U.K.Part 4 of EA 2002 (market studies and market investigations) is amended as follows.

Commencement Information

I1Sch. 8 para. 1 not in force at Royal Assent, see s. 339(1)

2(1)Section 131B (market studies and the making of decisions to refer: time-limits) is amended as follows.U.K.

(2)In subsection (4), in paragraph (b), after “proposes to take” insert “, or has taken,”.

(3)In subsection (5), in paragraph (a), for “section 154 instead of” substitute section 154A instead of, or in addition to,”.

Commencement Information

I2Sch. 8 para. 2 not in force at Royal Assent, see s. 339(1)

3(1)Section 133A (functions to be exercised by CMA groups) is amended as follows.U.K.

(2)In subsection (1), after paragraph (b) insert—

(ba)section 154A, so far as relating to undertakings in lieu of a report;.

(3)In subsection (2), before paragraph (a) insert—

(za)section 154A, so far as relating to undertakings in lieu of a report;.

Commencement Information

I3Sch. 8 para. 3 not in force at Royal Assent, see s. 339(1)

4U.K.In section 136 (investigations and reports on market investigation references), in subsection (2), after paragraph (a) insert—

(aa)any decision of the CMA under section 154A to accept an undertaking partially in lieu of a report;.

Commencement Information

I4Sch. 8 para. 4 not in force at Royal Assent, see s. 339(1)

5(1)Section 139 (public interest intervention by the Secretary of State) is amended as follows.U.K.

(2)In subsection (1A), in paragraph (a), for “under section 154” substitute “fully in lieu of a reference under section 154A.

(3)In subsection (1B), in paragraph (a), for “under section 154” substitute “fully in lieu of a reference under section 154A.

(4)In subsection (2), in paragraph (a), in sub-paragraph (i), for “undertaking under section 154 instead of making a reference under section 131” substitute “undertaking in lieu of a reference under section 154A.

(5)In subsection (4C), for “154” substitute 154A.

Commencement Information

I5Sch. 8 para. 5 not in force at Royal Assent, see s. 339(1)

6(1)Section 140 (intervention notices under section 139(1)) is amended as follows.U.K.

(2)In subsection (5), in paragraph (za), for “under section 154” to the end substitute “fully in lieu of a reference under section 154A.

(3)In subsection (6A), for “154” substitute 154A.

Commencement Information

I6Sch. 8 para. 6 not in force at Royal Assent, see s. 339(1)

7U.K.In section 150 (power of veto of Secretary of State), in subsection (A1) for “under section 154” substitute “in lieu of a reference under section 154A.

Commencement Information

I7Sch. 8 para. 7 not in force at Royal Assent, see s. 339(1)

8U.K.For section 154 (and the italic heading immediately before it) substitute—

Undertakings in lieuU.K.

154AUndertakings fully or partially in lieu of references or reports

(1)This section applies where—

(a)no market study notice has been published under section 130A but the CMA considers that it has the power to make a market investigation reference under section 131 and (subject to taking action under this section) intends to make such a reference,

(b)a market study notice has been published under section 130A but no market investigation reference has been made under section 131, or

(c)a market investigation reference has been made under section 131 or 132 but no report under section 136 has been published.

(2)The CMA may accept, from such persons as it considers appropriate, undertakings to take such action as it considers appropriate for the purposes of remedying, mitigating or preventing (to any extent)—

(a)any adverse effect on competition concerned, or

(b)any detrimental effect on customers so far as—

(i)it has resulted from the adverse effect on competition, or

(ii)it may be expected to result from the adverse effect on competition.

(3)An undertaking under this section is known as—

(a)an “undertaking in lieu of a reference” where it is accepted in circumstances where this section applies by virtue of subsection (1)(a) or (b);

(b)an “undertaking in lieu of a report” where it is accepted in circumstances where this section applies by virtue of subsection (1)(c).

(4)The CMA may accept—

(a)undertakings in lieu of a reference either—

(i)instead of making a reference under section 131 (in which case the undertakings are known as “undertakings fully in lieu of a reference”), or

(ii)in addition to making a reference under that section (in which case the undertakings are known as “undertakings partially in lieu of a reference”);

(b)undertakings in lieu of a report either—

(i)instead of publishing a report under section 136 (in which case the undertakings are known as “undertakings fully in lieu of a report”), or

(ii)in addition to publishing a report under that section (in which case the undertakings are known as “undertakings partially in lieu of a report”).

(5)In accepting undertakings fully in lieu of a reference or undertakings fully in lieu of a report, the CMA must, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to—

(a)the adverse effect on competition concerned, and

(b)any detrimental effects on customers so far as resulting from the adverse effect on competition.

(6)In accepting an undertaking under this section, the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits of the feature or features of the market or markets concerned.

(7)Where no detrimental effect on customers has yet resulted from an adverse effect on competition, the CMA may not accept an undertaking under this section to remedy, mitigate or prevent a detrimental effect on customers so far as it may be expected to result from that adverse effect on competition unless the adverse effect on competition is also being remedied, mitigated or prevented (whether or not by the same undertaking).

(8)An undertaking under this section—

(a)comes into force when accepted;

(b)may be varied or superseded by another undertaking;

(c)may be released by the CMA.

(9)The CMA must, as soon as reasonably practicable, consider any representations received by it in relation to varying or releasing an undertaking under this section.

(10)This section is subject to sections 150 and 155.

Commencement Information

I8Sch. 8 para. 8 not in force at Royal Assent, see s. 339(1)

9(1)Section 155 (undertakings in lieu: procedural requirements) is amended as follows.U.K.

(2)In subsection (1), for “154” substitute 154A.

(3)For subsection (3) substitute—

(3A)The matters to be included in a notice under subsection (1) by virtue of subsection (2) include, in particular, the adverse effect on competition, and any detrimental effect on customers so far as resulting from the adverse effect on competition, which the CMA has identified.

(4)In subsection (10), for “154” substitute 154A.

Commencement Information

I9Sch. 8 para. 9 not in force at Royal Assent, see s. 339(1)

10(1)Section 156 (effect of undertakings under section 154) is amended as follows.U.K.

(2)In the heading, for “under section 154” substitute “in lieu”;

(3)In subsection (A1)—

(a)in paragraph (a), for “154” substitute 154A;

(b)in paragraph (b)—

(i)for “the” in the first place it occurs substitute “any”;

(ii)for “the same as the” substitute “a”.

(4)In subsection (1)—

(a)in paragraph (a), for “under section 154” substitute “in lieu of a reference under section 154A;

(b)omit the “and” after paragraph (a);

(c)after paragraph (a) insert—

(ab)any feature or combination of features to which the undertaking or group of undertakings relates is a feature or combination of features to which the reference would relate; and.

(5)In subsection (3), in the words before paragraph (a), for “154” substitute 154A.

(6)After subsection (3) insert—

(4)Where the CMA has, under section 154A, accepted an undertaking, or group of undertakings, in lieu of a report the CMA is not required by virtue of section 134 to make the decisions referred to in subsections (1) and (1A) of that section in relation to a feature, or features, to which the undertaking, or group of undertakings, relate.

(5)Accordingly, a report under section 136 is not required, and the duty under section 138 does not arise, if the CMA accepts an undertaking fully in lieu of a report.

(6)Instead, where the CMA accepts an undertaking fully in lieu of a report the CMA must prepare and publish a report containing—

(a)the CMA’s decision to accept the undertaking,

(b)the reasons for the decision, and

(c)such information as the CMA considers appropriate for facilitating a proper understanding of the decision and its reasons for the decision.

(7)For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).

Commencement Information

I10Sch. 8 para. 10 not in force at Royal Assent, see s. 339(1)

11U.K.After section 156 insert—

Interim undertakings and orders.

Commencement Information

I11Sch. 8 para. 11 not in force at Royal Assent, see s. 339(1)

12U.K.After section 158 insert—

Final undertakings and orders.

Commencement Information

I12Sch. 8 para. 12 not in force at Royal Assent, see s. 339(1)

13(1)Section 162 (duty of CMA to monitor the carrying out of undertakings and orders: Part 4) is amended as follows.U.K.

(2)In subsection (4), in paragraphs (a) and (b), for “154” substitute 154A.

(3)In subsection (8), in the definition of “enforcement undertaking”, for “154” substitute 154A.

Commencement Information

I13Sch. 8 para. 13 not in force at Royal Assent, see s. 339(1)

14U.K.In section 169(6) (certain duties of relevant authorities to consult: Part 4), in paragraph (a)(ia) of the definition of “relevant decision”, for “under section 154” to the end substitute “in lieu of a reference under section 154A.

Commencement Information

I14Sch. 8 para. 14 not in force at Royal Assent, see s. 339(1)

15(1)Section 174C (section 174B: supplementary provision) is amended as follows.U.K.

(2)In subsection (3), in paragraph (b), for “under section 154 instead of making such a reference” substitute “fully in lieu of a reference under section 154A.

(3)In subsection (5), for “154” substitute 154A.

Commencement Information

I15Sch. 8 para. 15 not in force at Royal Assent, see s. 339(1)

16U.K.In section 183 (interpretation: Part 4), in subsection (3), in paragraph (a)—

(a)omit the “or” at the end of sub-paragraph (iii);

(b)after that sub-paragraph insert—

(iiia)the CMA has accepted an undertaking fully in lieu of a report under section 154A; or.

Commencement Information

I16Sch. 8 para. 16 not in force at Royal Assent, see s. 339(1)

17U.K.In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the CMA), in Part 2 (the CMA Board), in paragraph 29 (delegation), in sub-paragraph (2)(e), for “under section 154” substitute “in lieu of a reference under section 154A.

Commencement Information

I17Sch. 8 para. 17 not in force at Royal Assent, see s. 339(1)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources