Part 1

Digital Markets
Chapter 2

Strategic Market Status

Power to designate undertaking as having SMS

Position of strategic significance
6
An undertaking has a position of strategic significance in respect of a digital activity for the purposes of section 2(2)(b) where one or more of the following conditions is met—
a
the undertaking has achieved a position of significant size or scale in respect of the digital activity;
b
a significant number of other undertakings use the digital activity as carried out by the undertaking in carrying on their business;
c
the undertaking’s position in respect of the digital activity would allow it to extend its market power to a range of other activities;
d
the undertaking’s position in respect of the digital activity allows it to determine or substantially influence the ways in which other undertakings conduct themselves, in respect of the digital activity or otherwise.
S. 6 not in force at Royal Assent, see s. 339(1)
S. 6 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)