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  4. 2024
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  1. Digital Markets, Competition and Consumers Act 2024 (c. 13)
  2. Part 1 Digital Markets (ss. 1-118)
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Part 1 Digital Markets (ss. 1-118)

Comparing proposed amendment...
Chapter 1 Overview (s. 1)
Partly in force
 1 Overview
Chapter 2 Strategic Market Status (ss. 2-18)
Power to designate undertaking as having SMS (ss. 2-8)
Partly in force
 2 Designation of undertaking
Partly in force
 3 Digital activities
Partly in force
 4 Link to the United Kingdom
Partly in force
 5 Substantial and entrenched market power
Partly in force
 6 Position of strategic significance
Partly in force
 7 The turnover condition
Partly in force
 8 Turnover of an undertaking
Procedure (ss. 9-18)
Partly in force
 9 Initial SMS investigations
Partly in force
 10 Further SMS investigations
Partly in force
 11 Procedure relating to SMS investigations
Partly in force
 12 Closing an initial SMS investigation without a decision
Partly in force
 13 Consultation on proposed decision
Partly in force
 14 Outcome of SMS investigations
Partly in force
 15 Notice requirements: decisions about whether to designate
Partly in force
 16 Notice requirements: decisions to revoke a designation
Partly in force
 17 Existing obligations
Partly in force
 18 Designation period
Chapter 3 Conduct Requirements (ss. 19-45)
Imposition of conduct requirements (ss. 19-25)
Partly in force
 19 Power to impose conduct requirements
Partly in force
 20 Permitted types of conduct requirement
Partly in force
 21 Content of notice imposing a conduct requirement
Partly in force
 22 Revocation of conduct requirements
Partly in force
 23 Transitional provision relating to conduct requirements etc
Partly in force
 24 Consultation in relation to a conduct requirement
Partly in force
 25 Duty to keep conduct requirements under review
Enforcement of conduct requirements (ss. 26-35)
Partly in force
 26 Power to begin a conduct investigation
Partly in force
 27 Consideration of representations
Partly in force
 28 Closing a conduct investigation without making a finding
Partly in force
 29 Countervailing benefits exemption
Partly in force
 30 Notice of findings
Partly in force
 31 Enforcement orders
Partly in force
 32 Interim enforcement orders
Partly in force
 33 Duration of enforcement orders
Partly in force
 34 Revocation of enforcement orders
Partly in force
 35 Duty to keep enforcement orders under review
Commitments relating to conduct requirements (ss. 36-37)
Partly in force
 36 Commitments
Partly in force
 37 Duty to keep commitments under review
Final offer mechanism (ss. 38-45)
Partly in force
 38 Power to adopt final offer mechanism
Partly in force
 39 Collective submissions
Partly in force
 40 Final offer mechanism
Partly in force
 41 Final offers: outcome
Partly in force
 42 Final offer orders: supplementary
Partly in force
 43 Decision not to make final offer order
Partly in force
 44 Duration and revocation of final offer orders
Partly in force
 45 Duty to keep final offer orders under review
Chapter 4 Pro-Competition Interventions (ss. 46-56)
Partly in force
 46 Power to make pro-competition interventions
Partly in force
 47 Power to begin a PCI investigation etc
Partly in force
 48 Procedure relating to PCI investigations
Partly in force
 49 Consultation on proposed PCI decision
Partly in force
 50 PCI decision
Partly in force
 51 Pro-competition orders
Partly in force
 52 Replacement of pro-competition orders
Partly in force
 53 Duration and revocation etc of pro-competition orders
Partly in force
 54 Consultation
Partly in force
 55 Duty to review pro-competition orders etc
Partly in force
 56 Commitments
Chapter 5 Mergers (ss. 57-68)
Partly in force
 57 Duty to report possible mergers etc
Partly in force
 58 Qualifying status
Partly in force
 59 Value of consideration
Partly in force
 60 Content of report etc
Partly in force
 61 Application of the duty to report etc
Partly in force
 62 Acceptance of report
Partly in force
 63 Delay to possible mergers etc
Partly in force
 64 Timing of a reportable event
Partly in force
 65 Authorisation for one person to act for another
Partly in force
 66 Applications for review of decisions relating to mergers
Partly in force
 67 Regulations about duty to report
Partly in force
 68 Duty to keep compliance under review
Chapter 6 Investigatory Powers etc and Compliance Reports (ss. 69-84)
Investigatory powers etc (ss. 69-82)
Partly in force
 69 Power to require information
Partly in force
 70 Requirement to name a senior manager
Partly in force
 71 Power of access
Partly in force
 72 Power to interview
Partly in force
 73 Use of interview statements in prosecution
Partly in force
 74 Power to enter business premises without a warrant
Partly in force
 75 Power to enter premises under a warrant
Partly in force
 76 Power to enter premises under a warrant: supplementary
Partly in force
 77 Amendments to the Criminal Justice and Police Act 2001
Partly in force
 78 Application for a warrant
Partly in force
 79 Reports by skilled persons
Partly in force
 80 Duty to preserve information
Partly in force
 81 Privileged communications
Partly in force
 82 Power of CMA to publish notice of investigative assistance
Compliance reports etc (ss. 83-84)
Partly in force
 83 Nominated officer
Partly in force
 84 Compliance reports
Chapter 7 Enforcement and Appeals (ss. 85-103)
Civil penalties (ss. 85-92)
Partly in force
 85 Penalties for failure to comply with competition requirements
Partly in force
 86 Amount of penalties under section 85
Partly in force
 87 Penalties for failure to comply with investigative requirements
Partly in force
 88 Amount of penalties under section 87
Partly in force
 89 Procedure and appeals etc
Partly in force
 90 Calculation of daily rates and turnover
Partly in force
 91 Statement of policy on penalties
Partly in force
 92 Monetary penalties: criminal proceedings and convictions
Offences (ss. 93-98)
Partly in force
 93 Destroying or falsifying information
Partly in force
 94 False or misleading information
Partly in force
 95 Obstructing an officer
Partly in force
 96 Offences by officers of a body corporate etc
Partly in force
 97 Offences: limits on extra-territorial jurisdiction
Partly in force
 98 Sentences
Further enforcement provisions etc (ss. 99-102)
Partly in force
 99 Director disqualification
Partly in force
 100 Enforcement of requirements
Partly in force
 101 Rights to enforce requirements of this Part
Partly in force
 102 Treatment of CMA breach decisions etc
Applications for review (s. 103)
Partly in force
 103 Applications for review etc
Chapter 8 Administration ETC (ss. 104-118)
Administration (ss. 104-106)
Partly in force
 104 Extension etc of periods
Partly in force
 105 Extensions: supplementary
Partly in force
 106 Exercise and delegation of functions
Regulatory coordination and information sharing (ss. 107-109)
Partly in force
 107 Coordination with relevant regulators
Partly in force
 108 Recommendations to the CMA
Partly in force
 109 Information sharing
Miscellaneous (ss. 110-116)
Partly in force
 110 Power to charge levy
Partly in force
 111 Extra-territorial application
Partly in force
 112 Defamation
Partly in force
 113 Consultation and publication of documents
Partly in force
 114 Guidance
Partly in force
 115 Protected disclosures
Partly in force
 116 Restriction on disclosure orders
Interpretation (ss. 117-118)
Partly in force
 117 Groups
Partly in force
 118 General interpretation
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