Part 1Digital Markets

Chapter 4Pro-competition interventions

54Consultation

(1)

The CMA must carry out a public consultation on the terms of any pro-competition order before making it (subject to subsection (4)).

(2)

The duty to consult imposed by subsection (1) may be satisfied by consultation on a proposed PCI decision in a case where—

(a)

a draft pro-competition order was published for the purposes of that consultation, and

(b)

the CMA proposes to make a pro-competition order that is the same or materially the same as the draft pro-competition order.

(3)

Before revoking a pro-competition order, the CMA must (subject to subsection (4))—

(a)

carry out a public consultation on the proposed revocation, and

(b)

bring the public consultation to the attention of such persons as it considers appropriate.

(4)

The duties in subsections (1) and (3) do not apply in relation to the making of a replacement order which, in the opinion of the CMA, is not materially different from the order which it replaces.