Part 1Digital Markets

Chapter 4Pro-competition interventions

I152Replacement of pro-competition orders

1

The CMA may, by making a further pro-competition order, replace a pro-competition order where it considers that it is appropriate to do so, having regard in particular to—

a

the effectiveness of the pro-competition order, or of particular provisions in the pro-competition order, in remedying, mitigating or preventing the adverse effect on competition and, where applicable, any detrimental effect on UK users or UK customers identified in the PCI investigation, and

b

any change of circumstances since the pro-competition order was made.

2

The CMA may, in particular, replace a pro-competition order so as to—

a

replace requirements imposed by virtue of that order on a trial basis, or

b

impose requirements on an undertaking that are similar to or informed by one or more requirements previously imposed on that undertaking, or on a different undertaking, by virtue of another pro-competition order on a trial basis.

3

In this Chapter—

a

references to making a replacement order are to revoking a pro-competition order (see section 53) made following a PCI investigation and making a new pro-competition order in reliance on the findings of that PCI investigation, and

b

references to a “replacement order” are to a pro-competition order made in reliance on subsection (1).