Part 1

Digital Markets
Chapter 3

Conduct requirements

Final offer mechanism

Duration and revocation of final offer orders
44
1
A final offer order comes into force at such time as the CMA may specify in the order.
2
A final offer order ceases to have effect—
a
when revoked under this section, or
b
subject to provision made in reliance on section 17 (existing obligations), when the designation to which it relates ceases to have effect.
3
The CMA may revoke, or partially revoke, a final offer order where it has reasonable grounds to believe that there has been a material change of circumstances since the final offer order was made.
4
Where the CMA decides to revoke, or partially revoke, a final offer order, it must give a notice to that effect to the designated undertaking and the third party.
5
The notice must include the reasons for the CMA’s decision.
6
The notice may include transitional, transitory or saving provision in relation to the revocation, or partial revocation, of the final offer order.
7
As soon as reasonably practicable after revoking, or partially revoking, a final offer order, the CMA must publish a statement summarising the contents of the notice revoking, or partially revoking, the order.
8
The fact that a final offer order ceases to have effect does not affect the exercise of any digital markets functions in relation to a breach or possible breach of that order.
S. 44 not in force at Royal Assent, see s. 339(1)
S. 44 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)