Part 1 U.K. Digital Markets

Chapter 2 U.K. Strategic Market Status

Power to designate undertaking as having SMS U.K.

5 Substantial and entrenched market power U.K.

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.

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 339(1)

I2 S. 5 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)