Part 1

Digital Markets
Chapter 3

Conduct requirements

Final offer mechanism

Final offers: outcome
41
1
This section applies where—
a
the CMA has exercised its power under section 38(1), and
b
either—
i
the CMA has received final offer payment terms from both the designated undertaking and the third party, or
ii
the CMA has received final offer payment terms from either the designated undertaking or the third party (but not both), and the submission date has passed.
2
The CMA must, unless section 43(1) applies, make an order (a “final offer order”) requiring that final offer payment terms it has received from the designated undertaking or the third party are to be given effect for the purposes of—
a
the transaction, and
b
any transaction between the designated undertaking and the third party which is substantially the same as the transaction.
3
The CMA must comply with subsection (2) on or before the last day of the period (the “final offer period”) of 6 months beginning with the day on which the final offer initiation notice is given to the designated undertaking and the third party.
4
The Secretary of State may by regulations amend this section so as to modify the length of the final offer period.
5
Regulations under subsection (4) are subject to the affirmative procedure.
S. 41 in force at Royal Assent for specified purposes, see s. 339(2)(c)
S. 41 in force at 1.1.2025 in so far as not already in force by S.I. 2024/1226, regs. 1(2), 2(1)(2)