Part 1Digital Markets

Chapter 8Administration etc

Miscellaneous

111Extra-territorial application

1

Unless otherwise stated, this Part applies in relation to persons outside the United Kingdom.

2

A power to give a notice to a person outside the United Kingdom by virtue of this Part is exercisable only if the person is within subsection (3), (4) or (5).

3

A person is within this subsection if the person is, or is part of—

a

a designated undertaking or an undertaking to which an obligation applies by virtue of provision made in reliance on section 17(1) (existing obligations);

b

an undertaking that is the subject of a digital markets investigation.

4

A person is within this subsection if the person is an individual—

a

who is named as a senior manager under section 70 or appointed as a nominated officer under section 83, and

b

on whom the CMA has imposed or is considering imposing a penalty under section 87(2) or 87(3), as the case may be.

5

A person is within this subsection if the person—

a

is a United Kingdom national,

b

is an individual who is habitually resident in the United Kingdom,

c

is a body incorporated under the law of any part of the United Kingdom, or

d

carries on business in the United Kingdom.

6

Nothing in this section is to be taken to limit any other power of the CMA to give a notice to a person outside the United Kingdom.