Part 1

Digital Markets
Chapter 2

Strategic Market Status

Procedure

Existing obligations
17
1
Where the CMA decides, as a result of a further SMS investigation, to revoke a designated undertaking’s designation in respect of a relevant digital activity, the CMA may make transitional, transitory or saving provision in respect of any existing obligation.
2
Provision may be made in reliance on subsection (1) only for the purpose of managing the impact of the revocation—
a
on any person who benefited from the existing obligation, and
b
in a way that appears to the CMA to be fair and reasonable.
3
In Chapters 6 (investigatory powers and compliance reports) and 7 (enforcement and appeals), references to a “designated undertaking” are to be read as including an undertaking to which an existing obligation applies by virtue of provision made in reliance on subsection (1).
4
Subsection (5) applies where the CMA decides, as a result of a further SMS investigation, to—
a
designate an undertaking again in respect of a relevant digital activity, or
b
designate an undertaking in respect of a different digital activity in reliance on section 10(4).
5
Where this subsection applies, the CMA may—
a
apply any existing obligation, with or without modification, to the designated undertaking in respect of the new designation;
b
make transitional, transitory or saving provision in respect of any existing obligation.
6
For the purposes of this section, an “existing obligation” is any—
a
conduct requirement (see section 19),
b
enforcement order (see section 31),
c
commitment (see sections 36 and 56);
d
final offer order (see section 41(2)), or
e
pro-competition order (see section 46(3)(a)),
that is in force in relation to a designated undertaking in respect of the relevant digital activity before the revocation mentioned in subsection (1) or, as the case may be, the designation mentioned in subsection (4).
7
Provision made in reliance on this section is to be included in an SMS decision notice.