Part 1Digital Markets

Chapter 3Conduct requirements

Enforcement of conduct requirements

31Enforcement orders

(1)

Where the CMA finds, as a result of a conduct investigation, that an undertaking has breached a conduct requirement, it may make an order (an “enforcement order”) imposing on the undertaking such obligations as the CMA considers appropriate for one or more of the following purposes—

(a)

in a case where the breach is ongoing, stopping the breach;

(b)

preventing the breach from happening again;

(c)

addressing any damage caused by the breach.

(2)

The CMA may vary an enforcement order by making a revised version of that order.

(3)

An enforcement order may include transitional, transitory or saving provision.

(4)

An enforcement order must—

(a)

specify the breach to which it relates;

(b)

include the CMA’s reasons for imposing the obligations in the order.

(5)

The CMA may consult such persons as the CMA considers appropriate before making an enforcement order (including a revised version of an order).

(6)

Where the CMA decides to make an enforcement order (other than an interim enforcement order under section 32), it must do so as soon as reasonably practicable after giving the undertaking a notice of its findings under section 30(1).

(7)

As soon as reasonably practicable after making an enforcement order (including a revised version of an order), the CMA must publish the order.

(8)

The CMA may consent to an undertaking acting in a way that would otherwise constitute a breach of an enforcement order.