Digital Markets, Competition and Consumers Act 2024

56 Commitments

(1) The CMA may accept an appropriate commitment from a designated undertaking as to its conduct in respect of an adverse effect on competition or a detrimental effect on UK users or UK customers that the CMA considers has resulted, or may be expected to result, from an adverse effect on competition.

(2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would contribute to or otherwise be of use in remedying, mitigating or preventing—

(a) the adverse effect on competition, or

(b) the detrimental effect on UK users or UK customers.

(3) Following the acceptance of a commitment by the CMA as to the conduct of an undertaking—

(a) the undertaking that gave the commitment must comply with it at all times when it is in force, and

(b) so far as relating to the conduct, the CMA may give a notice to the undertaking—

(i) ending a PCI investigation (if it has begun one) without making a PCI decision, or

(ii) changing the scope of a PCI investigation.

(4) As soon as reasonably practicable after giving a notice under subsection (3)(b), the CMA must publish a statement summarising the contents of the notice.

(5) The acceptance of a commitment does not prevent—

(a) a PCI investigation from continuing so far as it relates to conduct other than that to which the commitment relates, or

(b) the CMA beginning a new PCI investigation in relation to the conduct to which the commitment relates where it has reasonable grounds—

(i) to believe that there has been a material change of circumstances since the commitment was accepted,

(ii) to suspect that the undertaking has not complied with one or more of the terms of the commitment, or

(iii) to suspect that information which led it to accept the commitment was incomplete, false or misleading in a material particular.

(6) A commitment under this section comes into force when a notice of its acceptance is published by the CMA.

(7) A commitment under this section ceases to have effect—

(a) subject to provision made in reliance on section 17 (existing obligations)—

(i) in accordance with any terms of the commitment about when it is to cease to have effect, or

(ii) when the designation to which the commitment relates ceases to have effect, or

(b) when the undertaking is released from the requirement to comply with the commitment.

(8) The following provisions apply in relation to commitments under this section as they apply in relation to commitments under section 36—

(a) subsections (7) to (10) of section 36;

(b) section 37.