Part 1

Digital Markets
Chapter 2

Strategic Market Status

Power to designate undertaking as having SMS

Substantial and entrenched market power
5
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.
S. 5 not in force at Royal Assent, see s. 339(1)
S. 5 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)