Part 1

Digital Markets
Chapter 7

Enforcement and appeals

Further enforcement provisions etc

Treatment of CMA breach decisions etc
102
1
The appropriate court (see section 101) and the Tribunal are bound by a CMA breach decision once it has become final.
2
A CMA breach decision becomes final—
a
when the time for applying for a review of that decision has passed without an application being made, or
b
where an application has been made, when the application has been finally determined or has otherwise ended.
3
For the purposes of subsection (2)(b), an application is not finally determined until any appeal relating to it has been determined (ignoring any possibility of an appeal out of time with permission).
4
This section applies to the extent that the appropriate court or the Tribunal would not otherwise be bound by the CMA breach decision in question.
5
In this section, a “CMA breach decision” is a decision by the CMA in accordance with this Part that a person has breached a relevant requirement (as defined in section 101).
6
Rules of court or Tribunal rules may make provision in respect of assistance to be given by the CMA to the appropriate court or the Tribunal in proceedings brought otherwise than by the CMA in respect of a breach, or an alleged breach, of a relevant requirement.
S. 102 not in force at Royal Assent, see s. 339(1)
S. 102 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)