Part 1

Digital Markets
Chapter 3

Conduct requirements

Final offer mechanism

Decision not to make final offer order
43
1
The CMA may decide not to make a final offer order in relation to the transaction where it has reasonable grounds to believe that there has been a material change of circumstances since the final offer initiation notice was given.
2
For the purposes of this section and section 44(3) a material change of circumstances includes an agreement between the designated undertaking and the third party with respect to terms as to payment in relation to the transaction.
3
Where the CMA decides not to make a final offer order, it must give a notice to that effect to the designated undertaking and the third party.
4
The notice must include the reasonable grounds referred to in subsection (1).
5
As soon as reasonably practicable after giving a notice under subsection (3), the CMA must publish a statement summarising the contents of the notice.
S. 43 not in force at Royal Assent, see s. 339(1)
S. 43 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)