Part 1

Digital Markets
Chapter 2

Strategic Market Status

Procedure

Initial SMS investigations
9
1
The CMA may begin an initial SMS investigation where it has reasonable grounds to consider that it may be able to designate an undertaking as having SMS in respect of a digital activity in accordance with section 2.
2
An “initial SMS investigation” is an investigation into whether to designate an undertaking as having SMS in respect of a digital activity where the undertaking is not already designated in respect of that activity (subject to section 10(4)).
3
The CMA may begin an initial SMS investigation into whether to designate an undertaking as having SMS in respect of a digital activity even if it has previously made a decision not to designate the undertaking as having SMS in respect of that activity.
S. 9 not in force at Royal Assent, see s. 339(1)
S. 9 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)