Part 1Digital Markets

Chapter 6Investigatory powers etc and compliance reports

Compliance reports etc

83Nominated officer

1

An undertaking must ensure that, at all times when the undertaking is subject to a digital markets requirement, it has an officer with responsibility for carrying out the functions set out in subsection (2) in relation to that digital markets requirement (a “nominated officer”).

2

The functions are—

a

monitoring the undertaking’s compliance with the digital markets requirement and all related requirements;

b

cooperating with the CMA for the purposes of securing that the undertaking complies with the digital markets requirement and all related requirements to the satisfaction of the CMA;

c

securing that the undertaking complies with section 84 (compliance reports).

3

A “digital markets requirement” is any of the following—

a

a conduct requirement under section 19;

b

a requirement imposed by virtue of a pro-competition order under section 46;

c

a requirement to comply with a commitment given under section 56.

4

A “related requirement” is any of the following relating to a digital markets requirement—

a

a requirement imposed by virtue of an enforcement order under section 31 or section 32;

b

the requirement to comply with a commitment given under section 36;

c

a requirement imposed by virtue of a final offer order under section 41(2) or section 42;

d

a requirement in a direction under section 87 of EA 2002 (delegated power of directions) given by virtue of a pro-competition order (see section 51(1)).

5

A nominated officer must be an individual who the undertaking—

a

considers to be a senior manager of the undertaking, within the meaning of section 70(3), and

b

reasonably expects to be in a position to fulfil the functions set out in subsection (2) in relation to the digital markets requirement.

6

An undertaking that is required to have a nominated officer under subsection (1) must, as soon as reasonably practicable, inform the CMA of the identity of the nominated officer (including any replacement officer).

84Compliance reports

1

An undertaking that is subject to a digital markets requirement (as defined in section 83(3)) must provide the CMA with a compliance report in relation to that digital markets requirement for each reporting period (as specified in a notice under subsection (3)).

2

A compliance report is a report setting out—

a

the extent to which the nominated officer considers that the undertaking has complied with the digital markets requirement and each related requirement (see section 83(4)) during the reporting period;

b

how the undertaking has complied, and intends to continue to comply, with the digital markets requirement and each related requirement;

c

such other information as the CMA may direct in relation to compliance with the digital markets requirement and each related requirement.

3

At the same time as imposing a digital markets requirement on an undertaking, the CMA must give a notice to the undertaking specifying—

a

the manner and form of the compliance report to be provided in relation to that digital markets requirement, and

b

the reporting period for that digital markets requirement.

4

The CMA may amend the requirements specified in a notice under subsection (3) by giving a further notice to the undertaking.

5

The CMA may give a notice to an undertaking requiring it to publish a compliance report or a summary of a compliance report at such time, and in such manner and form, as the CMA may set out in the notice.