Part 1

Digital Markets
Chapter 2

Strategic Market Status

Procedure

Further SMS investigations
10
1
The CMA may begin a further SMS investigation in relation to the designation of a designated undertaking in respect of a relevant digital activity at any time during the designation period (see section 18) relating to that designation.
2
The CMA must begin a further SMS investigation in relation to the designation of a designated undertaking in respect of a relevant digital activity not later than 9 months before the end of the designation period relating to that designation, if it is not already carrying one out at that time under subsection (1).
3
A “further SMS investigation” is an investigation into whether—
a
to revoke a designated undertaking’s designation in respect of the relevant digital activity or to designate the undertaking again in respect of that activity, and
b
to make provision under section 17 (existing obligations).
4
A further SMS investigation may also include an investigation into whether to designate the designated undertaking in respect of a digital activity that the CMA considers to be similar or connected to the relevant digital activity (whether instead of, or in addition to, the relevant digital activity).
S. 10 not in force at Royal Assent, see s. 339(1)
S. 10 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)