Digital Markets, Competition and Consumers Act 2024 (c. 13)

Part 1 U.K. Digital Markets

Chapter 2 U.K. Strategic Market Status

Power to designate undertaking as having SMS U.K.

2 Designation of undertaking U.K.

(1) The CMA may designate an undertaking as having strategic market status (“SMS”) in respect of a digital activity carried out by the undertaking where the CMA considers that—

(a) the digital activity is linked to the United Kingdom (see section 4), and

(b) the undertaking meets the SMS conditions in respect of the digital activity.

(2) The SMS conditions are that the undertaking has—

(a) substantial and entrenched market power (see section 5), and

(b) a position of strategic significance (see section 6),

in respect of the digital activity.

(3) Subsection (1) is subject to section 7 (the turnover condition).

(4) The CMA may only designate an undertaking as having SMS in respect of a digital activity after carrying out an SMS investigation in accordance with this Chapter.

Commencement Information

I1 S. 2 not in force at Royal Assent, see s. 339(1)

I2 S. 2 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)