Digital Markets, Competition and Consumers Act 2024

Commitments relating to conduct requirements

36 Commitments

(1) The CMA may accept an appropriate commitment from an undertaking subject to a conduct investigation as to its behaviour in respect of a conduct requirement to which the investigation relates.

(2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would mean that it would not be necessary to carry out a conduct investigation so far as relating to the behaviour to which the commitment relates.

(3) Following the acceptance of a commitment by the CMA as to the behaviour of an undertaking—

(a) the undertaking that gave the commitment must comply with it at all times when it is in force, and

(b) so far as relating to the behaviour, the CMA may not give a notice to the undertaking under section 30 (notice of findings).

(4) The acceptance of a commitment does not prevent—

(a) a conduct investigation from continuing so far as it relates to other behaviour in relation to the same or a different conduct requirement, or

(b) the CMA beginning a new conduct investigation in relation to the behaviour to which the commitment relates where—

(i) it has reasonable grounds to believe that there has been a material change of circumstances since the commitment was accepted,

(ii) it has reasonable grounds to suspect that the undertaking has not complied with one or more of the terms of the commitment, or

(iii) it has reasonable grounds to suspect that information which led it to accept the commitment was incomplete, false or misleading in a material particular.

(5) A commitment under this section comes into force when a notice of its acceptance is published by the CMA.

(6) A commitment under this section ceases to have effect—

(a) subject to provision made in reliance on section 17 (existing obligations)—

(i) in accordance with any terms of the commitment about when it is to cease to have effect, or

(ii) when the conduct requirement to which the commitment relates ceases to have effect, or

(b) when the undertaking is released from the requirement to comply with the commitment.

(7) The CMA may by notice accept a variation to a commitment from time to time provided the commitment as varied would still be appropriate.

(8) The CMA may release an undertaking from the requirement to comply with a commitment where it considers that it would be appropriate to do so.

(9) The fact that a commitment ceases to have effect does not affect the exercise of any functions in relation to a breach or possible breach of that commitment.

(10) Schedule 1 makes provision about—

(a) accepting, or accepting a variation of, a commitment, and

(b) releasing an undertaking from the requirement to comply with a commitment,

for the purposes of this Chapter and Chapter 4 (pro-competition orders).

37 Duty to keep commitments under review

The CMA must keep under review—

(a) the appropriateness of a commitment or releasing an undertaking from a commitment,

(b) the extent to which an undertaking which has given a commitment is complying with it, and

(c) the appropriateness of taking further action in accordance with Chapter 7 (enforcement and appeals) in respect of an undertaking which does not comply with a commitment which it has given.