Digital Markets, Competition and Consumers Act 2024

29 Countervailing benefits exemption

(1) The CMA must close a conduct investigation under section 28 where representations made by the undertaking to which the investigation relates lead the CMA to consider that the countervailing benefits exemption applies.

(2) The countervailing benefits exemption applies where—

(a) the conduct to which the investigation relates gives rise to benefits to users or potential users of the digital activity in respect of which the conduct requirement in question applies,

(b) those benefits outweigh any actual or likely detrimental impact on competition resulting from a breach of the conduct requirement,

(c) those benefits could not be realised without the conduct,

(d) the conduct is proportionate to the realisation of those benefits, and

(e) the conduct does not eliminate or prevent effective competition.

(3) Where the CMA closes a conduct investigation as a result of subsection (1), the undertaking to which the decision relates is to be treated as if the CMA had found that the conduct did not constitute a breach of the conduct requirement.