Part 1

Digital Markets
Chapter 2

Strategic Market Status

Procedure

Procedure relating to SMS investigations
11
1
When the CMA begins an SMS investigation it must give the undertaking to which the investigation relates a notice (an “SMS investigation notice”).
2
The SMS investigation notice must state—
a
in the case of an initial SMS investigation—
i
the reasonable grounds mentioned in section 9(1);
ii
that the CMA may close the investigation in accordance with section 12;
b
the purpose and scope of the SMS investigation;
c
the period by the end of which the CMA must give the undertaking a notice setting out its decisions as a result of the investigation (see section 14(2));
d
the circumstances in which that period may be extended (see section 104).
3
The statement of the purpose and scope of the investigation must include a description of the undertaking and digital activities to which the investigation relates.
4
The CMA must give the undertaking one or more revised versions of the SMS investigation notice if it changes its view of the purpose and scope of the investigation.
5
As soon as reasonably practicable after giving an SMS investigation notice or a revised version of an SMS investigation notice, the CMA must—
a
publish the notice, and
b
give a copy of the notice to the FCA, OFCOM, the Information Commissioner, the Bank of England and the PRA.
S. 11 not in force at Royal Assent, see s. 339(1)
S. 11 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)