Part 1Digital Markets

Chapter 8Administration etc

Miscellaneous

116Restriction on disclosure orders

(1)

This section applies for the purposes of—

(a)

digital markets proceedings, or

(b)

competition proceedings.

(2)

A court or the Tribunal must not make a disclosure order requiring the CMA to disclose or produce information where the court or the Tribunal is satisfied that another person would be reasonably able to provide the information.

(3)

A court or the Tribunal must not make a disclosure order requiring the disclosure or production of digital markets investigation information before the CMA gives notice of the closure or outcome of each investigation to which the information relates.

(4)

In this section—

“competition proceedings” has the meaning given by paragraph 2(4) of Schedule 8A to the Competition Act 1998 (further provision about claims in respect of loss or damage before a court or the Tribunal);

“digital markets investigation information” means information—

(a)

prepared by a person other than the CMA for the purpose of a digital markets investigation;

(b)

sent by the CMA in connection with such an investigation to a person that is the subject of the investigation;

“digital markets proceedings” means proceedings under section 101 (rights to enforce requirements of Part 1) or proceedings on appeal from such proceedings.

(5)

Paragraphs 7 and 27 of Schedule 8A to the Competition Act 1998 (other definitions; disclosure orders) apply for the purposes of this section as they apply for the purposes of Part 6 of that Schedule.

(6)

In Schedule 8A to the Competition Act 1998—

(a)

in paragraph 7 (other definitions), after sub-paragraph (2) insert—

“(2A)

“Digital markets proceedings” means proceedings under section 101 of the Digital Markets, Competition and Consumer Act 2024 (rights to enforce requirements of Part 1).”;

(b)

in paragraph 28, after “competition proceedings” insert “or digital markets proceedings”;

(c)

in paragraph 29, after “competition proceedings” insert “or digital markets proceedings”;

(d)

in paragraph 30(1), after “competition proceedings” insert “or digital markets proceedings”.