Part 1Digital Markets

Chapter 4Pro-competition interventions

51Pro-competition orders

(1)

A pro-competition order may include any provision that may be included in an enforcement order under section 161 of EA 2002 (final orders following market investigation references; and see section 164 of and Schedule 8 to EA 2002 on the provision that may be included).

(2)

For the purposes of subsection (1), Schedule 8 to EA 2002 (provision that may be contained in certain enforcement orders) has effect as if—

(a)

the reference in paragraph 8(2) to “the relevant report” were to the notice under section 50(1) of this Act;

(b)

paragraphs 20A to 20BA were omitted.

(3)

A pro-competition order may include provision imposing requirements on an undertaking on a trial basis for the purpose of assisting the CMA in establishing requirements that would be effective in remedying, mitigating or preventing—

(a)

the adverse effect on competition to which the order relates;

(b)

any detrimental effect on UK users or UK customers resulting from, or expected to result from, the adverse effect on competition.

(4)

The provision that may be made in reliance on subsection (3) includes provision requiring an undertaking to act differently in respect of different users or customers (and such provision may be by reference to a description of users or customers, to absolute numbers of users or customers, or to a proportion of the undertaking’s total number of users or customers).

(5)

A pro-competition order must contain provision in accordance with section 55(3) (duty to ensure order contains date of next review).

(6)

As soon as reasonably practicable after making a pro-competition order, the CMA must publish the order.