Digital Markets, Competition and Consumers Act 2024

10 (1) Section 156 (effect of undertakings under section 154) is amended as follows. U.K.

(2) In the heading, for “under section 154” substitute “in lieu”;

(3) In subsection (A1)—

(a) in paragraph (a), for “154” substitute “154A”;

(b) in paragraph (b)—

(i) for “the” in the first place it occurs substitute “any”;

(ii) for “the same as the” substitute “a”.

(4) In subsection (1)—

(a) in paragraph (a), for “under section 154” substitute “in lieu of a reference under section 154A”;

(b) omit the “and” after paragraph (a);

(c) after paragraph (a) insert—

“(ab) any feature or combination of features to which the undertaking or group of undertakings relates is a feature or combination of features to which the reference would relate; and”.

(5) In subsection (3), in the words before paragraph (a), for “154” substitute “154A”.

(6) After subsection (3) insert—

“(4) Where the CMA has, under section 154A, accepted an undertaking, or group of undertakings, in lieu of a report the CMA is not required by virtue of section 134 to make the decisions referred to in subsections (1) and (1A) of that section in relation to a feature, or features, to which the undertaking, or group of undertakings, relate.

(5) Accordingly, a report under section 136 is not required, and the duty under section 138 does not arise, if the CMA accepts an undertaking fully in lieu of a report.

(6) Instead, where the CMA accepts an undertaking fully in lieu of a report the CMA must prepare and publish a report containing—

(a) the CMA’s decision to accept the undertaking,

(b) the reasons for the decision, and

(c) such information as the CMA considers appropriate for facilitating a proper understanding of the decision and its reasons for the decision.

(7) For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).”

Commencement Information

I1 Sch. 8 para. 10 not in force at Royal Assent, see s. 339(1)

I2 Sch. 8 para. 10 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)