(1) The CMA may not designate an undertaking as having SMS in respect of a digital activity unless the turnover condition is met in relation to the undertaking.
(2) The turnover condition is met in relation to an undertaking if the CMA estimates that -
(a) the total value of the global turnover of an undertaking or, where the undertaking is part of a group, the global turnover of that group in the relevant period exceeds £25 billion, or
(b) the total value of the UK turnover of an undertaking or, where the undertaking is part of a group, the UK turnover of that group in the relevant period exceeds £1 billion.
(3) The Secretary of State may by regulations amend either of the sums mentioned in subsection (2).
(4) Regulations under subsection (3) are subject to the affirmative procedure.
(a) keep under review the sums mentioned in subsection (2), and
(b) from time to time advise the Secretary of State as to whether the sums are still appropriate.
(6) In this section -
…