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
2
A compliance report is a report setting out—
a
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.