Part 1 U.K. Digital Markets

Chapter 8 U.K. Administration etc

Interpretation U.K.

118 General interpretation U.K.

(1) In this Part—

• “breach investigation” means an investigation (including a conduct investigation) into whether an undertaking is breaching or has breached a requirement imposed on the undertaking under this Part by virtue of the undertaking being, or having been, a designated undertaking;

• “conduct investigation” has the meaning given by section 26(1);

• “conduct investigation notice” has the meaning given by section 26(3);

• “conduct investigation period” has the meaning given by section 30(2);

• “conduct requirements” has the meaning given by section 19(3);

• “consumer” has the meaning given by section 129(1) of EA 2002;

• “the court”, except where otherwise stated, means—

  (a)

  in relation to England and Wales or Northern Ireland, the High Court, and

  (b)

  in relation to Scotland, the Court of Session;

• “customer” includes a customer who is not a consumer;

• “designated undertaking” means an undertaking which the CMA has designated as having SMS in respect of a digital activity;

• “designation” means the designation of an undertaking as having SMS in respect of a relevant digital activity;

• “designation period” has the meaning given by section 15(3)(e);

• “digital activity” has the meaning given by section 3(1);

• “digital content” has the meaning given by section 330;

• “digital markets functions” means—

  (a)

  the functions that the CMA has under this Part, and

  (b)

  the CMA’s power to do anything that is calculated to facilitate, or is conducive or incidental to, the performance of those functions (see paragraph 20 of Schedule 4 to ERRA 2013 (additional powers));

• “digital markets investigation” means—

  (a)

  an SMS investigation;

  (b)

  a breach investigation (including a conduct investigation);

  (c)

  a PCI investigation;

• the “digital markets investigation powers” are the powers that the CMA has under—

  (a)

  section 69 (power to require information);

  (b)

  section 71 (power of access);

  (c)

  section 72 (power to interview);

  (d)

  section 74 (power to enter business premises without a warrant);

  (e)

  section 75 (power to enter premises under a warrant);

  (f)

  section 79 (reports by skilled persons);

• “enforcement order” has the meaning given by section 31(1);

• “the FCA” means the Financial Conduct Authority;

• “final offer initiation notice” has the meaning given by section 40(1);

• “final offer order” has the meaning given by section 41(2);

• “final offer payment terms” has the meaning given by section 38(1);

• “final offer period” has the meaning given by section 41(3);

• “further SMS investigation” has the meaning given by section 10(3);

• “grouped third parties” has the meaning given by section 39(3);

• “grouped transactions” has the meaning given by section 39(3);

• “information” includes—

  (a)

  information in the form of a document, whether in draft or final form;

  (b)

  information in any other form;

  (c)

  data, code, algorithms, estimates, forecasts, returns and explanations;

• “information notice” has the meaning given by section 69(2);

• “initial SMS investigation” has the meaning given by section 9(2);

• “interim enforcement order” has the meaning given by section 32(1);

• “joined third parties” has the meaning given by section 39(1);

• “OFCOM” means the Office of Communications;

• “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• “PCI” stands for “pro-competition intervention”;

• “PCI decision” has the meaning given by section 49(1);

• “PCI investigation” has the meaning given by section 47(1);

• “PCI investigation notice” has the meaning given by section 48(1);

• “PCI investigation period” has the meaning given by section 50(1);

• “person”, in addition to the meaning given by the Interpretation Act 1978, includes an undertaking;

• “the PRA” means the Prudential Regulation Authority;

• “pro-competition order” has the meaning given by section 46(3)(a);

• “product” means—

  (a)

  goods;

  (b)

  services;

  (c)

  digital content;

• the “regulatory digital markets functions” are—

  (a)

  the power to open an SMS investigation under section 9(1) (initial SMS investigation) or section 10(1) or (2) (further SMS investigation);

  (b)

  the power to designate an undertaking as having SMS under Chapter 2 (strategic market status);

  (c)

  the power to revoke a designation under Chapter 2 (strategic market status);

  (d)

  the power to impose or revoke conduct requirements under Chapter 3 (conduct requirements);

  (e)

  the power to make, replace or revoke PCIs under Chapter 4 (pro-competition interventions);

• “relevant digital activity” in relation to a designated undertaking means a digital activity in respect of which the undertaking has been designated as having SMS;

• the “relevant service or digital content” in relation to a digital activity means the service or digital content the provision of which constitutes (together with any other activity carried out for the purposes of that provision) the digital activity;

• “SMS” stands for “strategic market status”;

• “SMS conditions” are the conditions set out in section 2(2);

• “SMS decision notice” has the meaning given by section 14(2);

• “SMS investigation” means an initial SMS investigation and a further SMS investigation;

• “SMS investigation notice” has the meaning given by section 11(1);

• “SMS investigation period” has the meaning given by section 14(2);

• “submission date” has the meaning given by section 40(2)(d);

• “subsidiary” has the meaning given by section 1159 of the Companies Act 2006;

• “the Tribunal” means the Competition Appeal Tribunal;

• “Tribunal rules” means rules under section 15 of EA 2002;

• “the turnover condition” has the meaning given by section 7;

• “UK user” and “UK customer” mean any user or, as the case may be, customer who it is reasonable to assume—

  (a)

  in the case of an individual, is normally in the United Kingdom, and

  (b)

  in any other case, is established in the United Kingdom;

• “undertaking” has the same meaning as it has for the purposes of Part 1 of CA 1998 (competition: agreements, abuse of dominant position etc);

• “user” includes any person, legal or natural, and, in relation to a digital activity, means any user of the relevant service or digital content.

(2) In this Part—

(a) references to “giving notice” or “giving a notice” are to giving notice or giving a notice in writing;

(b) references to “using” include, in relation to a service or digital content, interacting, or carrying out activities that interact, in any way, directly or indirectly, with the service or digital content;

(c) references to the supply, provision, acquisition or use of goods or services include the supply, provision, acquisition or use of digital content.

(3) In this Part, a person is “connected to” an undertaking if that person—

(a) is concerned in the management or control of the undertaking,

(b) is employed by the undertaking, or

(c) works for the undertaking in any other capacity.

Commencement Information

I1 S. 118 not in force at Royal Assent, see s. 339(1)

I2 S. 118 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)