Part 1

Digital Markets
Chapter 7

Enforcement and appeals

Further enforcement provisions etc

Enforcement of requirements
100
1
If a person fails, without reasonable excuse, to comply with a requirement mentioned in subsection (2) (a “subsection (2) requirement”), the CMA may apply to the court for an order—
a
requiring the person to comply with the subsection (2) requirement within a time specified in the court’s order, or
b
if the subsection (2) requirement related to anything to be done in the management or administration of an undertaking, requiring the undertaking, or any of its officers, members or partners, to do it.
2
The requirements are—
a
a requirement imposed by virtue of an enforcement order (see section 31 and section 32);
b
a requirement to comply with a commitment given under section 36 or 56;
c
a requirement imposed by virtue of a final offer order (see section 41(2) and section 42);
d
a requirement imposed by virtue of a pro-competition order (see section 46).
3
An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by—
a
the person that failed to comply with the subsection (2) requirement, or
b
where the person responsible for the failure is an undertaking, any officer of a body corporate that is or is comprised in that undertaking.
4
In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
5
In this section, references to an “officer”, “member” or “partner” of an undertaking are to an officer, member or partner of a body corporate or, as the case may be, partnership, that is, or is comprised in, the undertaking.
S. 100 not in force at Royal Assent, see s. 339(1)
S. 100 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)