Digital Markets, Competition and Consumers Act 2024

15 Notice requirements: decisions about whether to designate

(1) Where the CMA decides as a result of an initial SMS investigation not to designate the undertaking to which the investigation relates as having SMS in respect of a digital activity to which the investigation relates, the SMS decision notice must include the CMA’s reasons for its decision.

(2) Subsections (3) to (6) apply where the CMA decides to designate an undertaking as having SMS in respect of a digital activity (whether or not that undertaking is already a designated undertaking).

(3) The SMS decision notice must include—

(a) a description of the designated undertaking,

(b) a description of the digital activity with respect to which the designation has effect,

(c) any provision that the CMA has decided to make in reliance on section 17 (existing obligations),

(d) the CMA’s reasons for its decisions under section 14(1),

(e) a statement of the period (the “designation period”) for which the designation has effect (see section 18),

(f) a statement of the circumstances in which the designation period may be extended (see section 104), and

(g) a statement of the circumstances in which the designation may be revoked before the end of the designation period (see sections 10 and 14(1)(b)).

(4) The CMA may give one or more revised versions of an SMS decision notice if it changes its view of—

(a) the undertaking, or

(b) the digital activity,

provided that the undertaking or digital activity, as the case may be, remains substantially the same.

(5) The giving of a revised SMS decision notice providing for the designation of an undertaking does not affect—

(a) the day on which the designation period in relation to that designation begins, or

(b) anything done under this Part in relation to that undertaking.

(6) As soon as reasonably practicable after giving a revised SMS decision notice, the CMA must publish the revised notice.