Part 1Digital Markets
Chapter 2Strategic Market Status
Power to designate undertaking as having SMS
5Substantial and entrenched market power
In order to assess whether an undertaking has substantial and entrenched market power in respect of a digital activity for the purposes of section 2(2)(a), the CMA must carry out a forward-looking assessment of a period of at least 5 years, taking into account developments that—
(a)
would be expected or foreseeable if the CMA did not designate the undertaking as having SMS in respect of the digital activity, and
(b)
may affect the undertaking’s conduct in carrying out the digital activity.