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Digital Markets, Competition and Consumers Bill

A Bill to provide for the regulation of competition in digital markets; to amend the Competition Act 1998 and the Enterprise Act 2002 and to make other provision about competition law; to make provision relating to the protection of consumer rights and to confer further such rights; and for connected purposes.

The analysis below is based on the latest amended version of the bill found on 23rd July 2023. You can find the exact PDF document here: https://publications.parliament.uk/pa/bills/cbill/58-03/0350/220350.pdf

TL;DR:

The Digital Markets, Competition and Consumers Bill introduces new regulations for digital markets, including the power to designate firms with Strategic Market Status, impose conduct requirements on them, make pro-competition interventions, and require merger notifications; it also enhances enforcement of competition law, strengthens consumer rights such as for subscription contracts, and improves dispute resolution processes.

Concerns:

While the bill aims to increase regulation of dominant tech companies, some citizens may be concerned about the increased government oversight and bureaucracy it introduces, as well as the impact on innovation if stringent rules stifle competition; others may worry that despite claims to strengthen consumer rights, the complex new rules could enable exploitation of loopholes and gaps; there are also concerns around privacy with expanded investigatory powers, and the effect on small businesses having to comply with arduous new mandates.

Detailed Overview:

The bill aims to update laws to better regulate big technology companies and promote competition. It would give more power to the Competition and Markets Authority (CMA) to oversee major digital platforms like Google and Facebook.

Companies could be designated as having "strategic market status" if they are very large and entrenched. This would allow the CMA to set rules for them to follow on things like how they use data and deal with competitors.

The bill also tries to tackle some common consumer harms in digital markets. Companies would have duties around subscription services to make it easier to cancel. Stronger protections would be introduced for online shopping and unfair commercial practices.

For mergers, the rules are changing to speed up investigations in some cases. This could mean quicker approvals but less scrutiny on impact to competition.

Overall the bill would significantly increase government regulation of the tech sector. Supporters argue this protects consumers and promotes competition. Critics warn it could stifle innovation and growth. There are good-faith debates to be had on both sides.

Major Changes and Key Points:

  • New powers for the CMA to regulate competition in digital markets, including designating companies as having "strategic market status" and imposing requirements and interventions. This could have significant impacts on major tech companies.
  • Expanded powers for the CMA and other regulators to impose financial penalties for non-compliance, including new penalty amounts and procedures. Gives regulators more tools for enforcement.
  • Changes to mergers policy, including new provisions for fast-track merger investigations. Could allow more mergers to go through with less scrutiny.
  • New requirements on businesses related to subscription services and savings schemes. Aims to protect consumers in these areas.
  • Provisions related to unfair commercial practices and alternative dispute resolution. Strengthens consumer rights.
  • Allows sharing of information with overseas regulators. Cooperation across borders but risk of sensitive data being exposed.

Areas for More Scrutiny:

  • Strategic market status for digital companies - concerns about impacts on innovation and giving too much power to regulators.
  • Changes to merger controls and thresholds - could lead to anti-competitive mergers being approved.
  • Information sharing with overseas regulators - risks around data protection and privacy.
  • Expanded penalty powers for regulators - lack of sufficient checks and balances.
  • Pro-competition interventions in digital markets - potential unintended consequences.
  • Fast-track merger investigations - possibility of overlooking competition issues.
  • Overall the bill aims to update regulations for the digital economy and protect consumers, but increases government/regulator power substantially in some areas. More public and parliamentary scrutiny would be beneficial for the key changes highlighted.

Below we have highlighted changes found in the most recent amended version of the bill that was found on the analysis-date of 23rd July 2023, so it may not reflect latest changes. Those highest up have been flagged as impactful or worthy of public scutiny or attention. These are the likely to be the highest signal parts of the bill; members of the public might benefit from seeing these.

Important: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis.

You are urged to read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3453

    • 🔴 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 47C of CA 1998

    The insertion prohibits the Tribunal from awarding exemplary damages in collective proceedings.

    Exemplar quote from bill: ...ement 122 Power of Competition Appeal Tribunal to grant declaratory relief Schedule 3 makes provision allowing the Competition Appeal Tribunal to grant declaratory relief. 123 Exemplary damages 5 (1) ...In section 47C of CA 1998 (collective proceedings: damages and costs), before subsection (2) insert— “(1) The Tribunal may not award exemplary damages in collective proceedings.”... (2) In Schedule 8A of CA 1998 (further provision about claims in respect of loss 10 or damage before a court or the Tribunal)— (a) in Part 4 (cartels), in paragraph 15 (liability of immunity recipien...
    • ‼️ Justice System

      The insertion could potentially limit the ability of plaintiffs in collective proceedings to receive full compensation for their damages.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Chapter 6—Investigatory powers etc and compliance reports

    The bill introduces new investigatory powers for the Competition and Markets Authority (CMA). These include the power to require information, require a senior manager to be named, access business premises, interview individuals, use interview statements in prosecution, and enter business premises without a warrant.

    Exemplar quote from bill: ... review of decisions relating to mergers 66 Regulations about duty to report 67 Duty to keep compliance under review CHAPTER 6 INVESTIGATORY POWERS ETC AND COMPLIANCE REPORTS Investigatory powers etc ...68 Power to require information... 69 Requirement to name a senior manager 70 Power of access 71 Power to interview 72 Use of interview statements in prosecution 73 Power to enter business premises without a warrant 74 Power to enter ...
    • ‼️ Human Rights

      The new powers could potentially infringe on privacy rights, depending on how they are implemented and used.

    • ‼️ Economic Impact

      These changes could have significant impacts on businesses operating in digital markets, potentially increasing regulatory burdens and compliance costs.

    • ‼️ Justice System

      The new powers could significantly affect legal processes, particularly in relation to investigations and prosecutions in the digital market sector.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 4—Consumer rights and disputes, Chapter 1—Protection from unfair trading

    The bill proposes to revoke the Consumer Protection from Unfair Trading Regulations 2008.

    Exemplar quote from bill: ...18(3) Transactional decision Section 238 Unfair commercial practice Section 218(4) Consequential amendments and transitional provision 10 244 Consequential amendments etc relating to this Chapter (1) ...The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) are revoked.... (2) 15 In paragraph 10 of Schedule 5 to CRA 2015 (investigatory powers: enforcer’s legislation), at the appropriate place insert— “Section 224(1), (2) or (3) of the Digital Markets, Competition and C...
    • ‼️ Consumer Protection

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 6: General

    The bill proposes to grant the Secretary of State the power to make regulations that are consequential on this Act or on any provision made under it. This includes the power to amend, repeal, or revoke provision made by or under primary legislation passed or made before the end of the Session in which this Act is passed.

    Exemplar quote from bill: ... expenses incurred by the Secretary of State or the CMA under or by virtue of this Act, and (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided. ...314 Power to make consequential provision (1) 35 The Secretary of State may by regulations make provision that is consequential on this Act or on any provision made under it. (2) The power to make regulations under this section includes power to amend, repeal or revoke provision made by or under primary legislation passed or made before the end of the Session in which this Act is passed.... 220 Digital Markets, Competition and Consumers Bill Part 6—General (3) Regulations under this section are subject to the affirmative procedure if they amend, repeal or revoke any provision of primar...
    • ‼️ Political Power

      The proposed changes could potentially affect the balance of political power by granting the Secretary of State the power to make consequential regulations.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: amendment

    Section 113, 114, 115, 116, 117, 174A, 174B, 174D of the Enterprise Act 2002

    The bill proposes amendments to several sections of the Enterprise Act 2002. These changes include the introduction of a provisional penalty notice, the substitution of "the CMA" with "the appropriate authority" in various sections, the requirement for the Competition Appeal Tribunal to consider relevant guidance when imposing penalties, the obligation of the CMA to prepare and publish a statement of policy regarding penalties and enforcement of notices, the criminalization of intentional alteration, suppression, or destruction of documents required by a notice under section 109, and the ability of the relevant authority to impose penalties for supplying false or misleading information without reasonable excuse.

    Exemplar quote from bill: ...e authority”; (e) in paragraph (f), for “the CMA” substitute “the appropriate authority”. (5) In subsection (3), for “the CMA” substitute “the appropriate authority”. (6) After subsection (3) insert— ...“(3A) A provisional penalty notice is given by serving a copy of the notice 10 on the person on whom the appropriate authority is minded to impose the penalty.”... (7) In subsection (4), in the words before paragraph (a), for “notice under this section” substitute “final penalty notice”. 19 (1) Section 113 (payment and interest by instalments) is amended as fol...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Extra-territorial application in relation to notices

    The bill proposes the insertion of provisions that allow for the extra-territorial application of notices under paragraph 14. This means that notices can be given to persons outside the United Kingdom and can require the provision of information held outside the United Kingdom.

    Exemplar quote from bill: ... the meaning of that paragraph).” Extra-territorial application in relation to notices 3 After paragraph 17 insert— “Extra-territorial application in relation to notices under paragraph 14 17A (1) 35 ...This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom; (b) require the provision of information held outside the United Kingdom....om. 326 Digital Markets, Competition and Consumers Bill Schedule 15—Investigatory powers (3) Sub-paragraph (4) applies where— (a) an enforcer proposes to give a notice to a person outside the United ...
    • ‼️ National Security

      This change could potentially enhance the UK's ability to regulate and oversee digital markets, even when the relevant parties or information are located outside the UK.

    • ‼️ Human Rights

      This change could potentially raise concerns about jurisdiction and the rights of individuals and businesses located outside the UK.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power to amend permitted types of conduct requirement

    The bill grants the Secretary of State the power to amend the section on permitted types of conduct requirements by regulations. Any such regulations would be subject to the affirmative procedure.

    Exemplar quote from bill: ...r or how users or potential users can use the relevant digital activity; (g) using data unfairly; 20 (h) restricting the ability of users or potential users to use products of other undertakings. (4) ...The Secretary of State may by regulations amend this section so as to modify the permitted types of requirement. (5) Regulations under subsection (4) are subject to the affirmative procedure.... 25 21 Content of notice imposing a conduct requirement A notice under section 19(1) or (2) must include, in relation to each conduct requirement, a statement of— (a) 30 the conduct requirement and th...
    • ‼️ Political Power

      This change grants the Secretary of State significant power to modify the conduct requirements for digital market undertakings, potentially influencing the regulatory landscape of digital markets.

    • ‼️ Justice System

      The change could lead to legal disputes related to the interpretation and application of any amendments to the conduct requirements.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power to begin a conduct investigation

    The bill grants the Competition and Markets Authority (CMA) the power to begin a conduct investigation if it has reasonable grounds to suspect that a designated undertaking has breached a conduct requirement.

    Exemplar quote from bill: ...ts) or Chapter 7 (enforcement and appeals) in respect of any breaches or suspected breaches of a conduct requirement. Enforcement of conduct requirements 26 Power to begin a conduct investigation (1) ...The CMA may begin an investigation (a “conduct investigation”) where it 10 has reasonable grounds to suspect that a designated undertaking has breached a conduct requirement.... (2) A conduct investigation is an investigation into— (a) whether a breach has occurred, and (b) if it has, what action, if any, the CMA should take in relation to the 15 breach. (3) When the CMA beg...
    • ‼️ Justice System

      This change could lead to increased regulatory oversight and potential legal disputes related to compliance with conduct requirements.

    • ‼️ Political Power

      The change grants the CMA significant power to investigate potential breaches of conduct requirements, potentially influencing the regulatory landscape of digital markets.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Countervailing benefits exemption

    The bill introduces a countervailing benefits exemption, which applies when the conduct under investigation provides benefits to users or potential users of the digital activity, outweighs any negative impact on competition, is indispensable and proportionate to the realization of those benefits, and does not eliminate or prevent effective competition.

    Exemplar quote from bill: ...onduct investigation under section 28 where representations made by the undertaking to which the investigation relates lead the CMA to consider that the countervailing benefits exemption applies. (2) ...The countervailing benefits exemption applies where— 25 (a) the conduct to which the investigation relates gives rise to benefits to users or potential users of the digital activity in respect of which the conduct requirement in question applies, (b) 30 those benefits outweigh any actual or likely detrimental impact on competition resulting from a breach of the conduct requirement, (c) the conduct is indispensable and proportionate to the realisation of those benefits, and (d) the conduct does not eliminate or prevent effective competition.... (3) 35 Where the CMA closes a conduct investigation as a result of subsection (1), the undertaking to which the decision relates is to be treated as if the CMA had found that the conduct did not cons...
    • ‼️ Economic Impact

      This change could potentially allow certain anti-competitive behaviors if they are deemed to provide significant benefits to users, which could have implications for the balance of power in digital markets.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 28 and 28A of CA 1998

    The amendment expands the powers of the named officer during an investigation. The officer can now operate any equipment found on the premises to produce information, require any person on the premises to assist the officer, and take copies or possession of anything produced that the officer considers relevant to the investigation.

    Exemplar quote from bill: ...sert “or accessible from”; (b) in paragraph (b), in sub-paragraph (i), after “there are on” insert “or 30 accessible from”; (c) in paragraph (c), after “there are on” insert “or accessible from”. (3) ...In subsection (2)— (a) 35 in paragraph (f) omit “and which the named officer considers relates to any matter relevant to the investigation,”; (b) after that paragraph insert— “(g) to operate any equipment found on the premises for the purposes of producing such information in such a form; (h) to require any person on the premises to give the named 5 officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g)); (i) 10 to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.”... (g) which the named officer considers relates to any matter relevant to the investigation.” (4) Section 28A of CA 1998 (power to enter domestic premises under a warrant) is amended as follows. (5) In...
    • ‼️ Justice System

      The amendment could potentially increase the efficiency and effectiveness of investigations, but it also raises concerns about potential abuses of power and violations of privacy rights.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 194 of the Enterprise Act 2002

    The bill proposes amendments to Section 194 of the Enterprise Act 2002, which deals with the power to enter premises under a warrant. The amendments include the ability to operate any equipment found on the premises to produce information, the power to require any person on the premises to provide assistance, and the power to take copies of or seize anything produced that is relevant to the investigation.

    Exemplar quote from bill: ...dvice”; (ii) 25 after “publication of the matter” insert “, or the inclusion of it in the advice laid before Parliament,”. CHAPTER 4 CARTELS 135 Production of information authorised by warrant (1) 30 ...Section 194 of EA 2002 (power to enter premises under a warrant) is amended as follows. (2) In subsection (1), in paragraph (a), after “there are on” insert “or accessible from”. (3) In subsection (2)— (a) in paragraph (d) omit “and which the named officer considers relates to any matter relevant to the investigation,”; (b) after that paragraph insert— “(e) to operate any equipment found on the premises for the purposes of producing such information in such a form; (f) to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (d) and (e)); (g) to take copies of, or seize, anything produced in accordance with paragraph (d) or (e) which the named officer considers relates to any matter relevant to the investigation.”...or (e) which the named officer considers relates to any matter relevant to the investigation.” (4) 10 In section 196 of EA 2002 (privileged information etc), after subsection (2) insert— “(2A) Nothing...
    • ‼️ Justice System

      This change could potentially affect the enforcement of competition law by expanding the powers of officers executing a warrant under Section 194 of the Enterprise Act 2002.

    • ‼️ Human Rights

      This change could potentially impact the rights of individuals or businesses subject to a warrant under Section 194 of the Enterprise Act 2002, as it expands the powers of officers executing such a warrant.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 26A of the Competition Act 1998

    The bill proposes amendments to Section 26A of the Competition Act 1998, which deals with the power to ask questions during investigations. The amendments include removing the requirement for a connection with a relevant undertaking and allowing questions to be asked remotely.

    Exemplar quote from bill: ...m, anything which, by virtue of subsections (1) or (2), a person could not be required to disclose or produce under section 193 or 194.” CHAPTER 5 15 MISCELLANEOUS 136 Attendance of witnesses etc (1) ...Section 26A of CA 1998 (investigations: power to ask questions) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a) omit “who has a connection with a relevant undertaking”; (b) in paragraph (a), after “at a place” insert “or in a manner (which may be remote)”....)”. (3) In subsection (2), for “each” substitute “any”. 25 (4) For subsection (6) substitute— “(6) For the purposes of this section, an individual has a current connection with an undertaking if, at t...
    • ‼️ Justice System

      This change could potentially affect the enforcement of competition law by expanding the powers of investigators under Section 26A of the Competition Act 1998.

    • ‼️ Human Rights

      This change could potentially impact the rights of individuals or businesses subject to an investigation under Section 26A of the Competition Act 1998, as it expands the powers of investigators.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 235 - Powers to amend this Chapter

    This change gives the Secretary of State the power to amend Schedule 18, which lists commercial practices considered unfair in all circumstances, by adding, removing, or amending descriptions of commercial practices.

    Exemplar quote from bill: ...ubsection (4), subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 applies as it applies for the purposes of that subsection. Miscellaneous 235 Powers to amend this Chapter 25 ...(1) The Secretary of State may by regulations amend Schedule 18 (commercial practices which are in all circumstances considered unfair) so as to— (a) add a description of a commercial practice; (b) remove a description of a commercial practice; (c) amend a description of a commercial practice.... 30 (2) If regulations under subsection (1) amend Schedule 18 so as to add a description of a commercial practice, the regulations must also amend section 230(8) so as to make that practice an exclude...
    • ‼️ Political Power

      This change could potentially increase the power of the Secretary of State by giving them the authority to define what constitutes an unfair commercial practice.

    • ‼️ Economic Impact

      This change could potentially impact the economy by influencing the conduct of businesses and traders, depending on how the Secretary of State chooses to define unfair commercial practices.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Fees payable by accredited ADR providers

    The bill proposes that accredited ADR providers must pay fees to the Secretary of State at times determined by the Secretary of State.

    Exemplar quote from bill: ...otice, and (c) provision for it to cease to have effect when a decision to lift it is made by the Secretary of State and notified to the ADR provider. 292 Fees payable by accredited ADR providers (1) ...Accredited ADR providers must pay to the Secretary of State, at such times as the Secretary of State may determine, such fees as may be so determined....ed. (2) Fees payable by accredited ADR providers may be set having regard to the costs to the Secretary of State of carrying out functions under this Chapter 25 (other than functions relating to proce...
    • ‼️ Economic Impact

      This change could have an economic impact on accredited ADR providers who will now be required to pay fees.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 59 (intervention by Secretary of State in special public interest cases)

    The bill proposes to amend Section 59 of the Enterprise Act 2002, which deals with the intervention by the Secretary of State in special public interest cases. The amendment changes the conditions under which a special merger situation is created.

    Exemplar quote from bill: ...ute “this Part”. 5 In Chapter 3 of Part 3 of EA 2002 (mergers: other special cases), section 59 20 (intervention by Secretary of State in special public interest cases) is amended as follows. (1) (2) ...For subsections (3) and (3A) substitute— “(3) 25 For the purposes of this Part, a special merger situation has been created if— (a) two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; (b) no relevant merger situation has been created; and (c) 30 immediately before the enterprises concerned ceased to be distinct, one or more of the conditions mentioned in subsections (3C) to (3F) were satisfied.”... (3) After subsection (3D) insert— “(3E) The condition mentioned in this subsection is that a relevant merger 35 situation would have been created if, in subsection (1) of section 23— (a) the “and” at...
    • ‼️ Political Power

      This amendment could potentially impact the circumstances under which the Secretary of State can intervene in special public interest cases, potentially changing the balance of power in these situations.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    subsection (4)

    The amendment changes the conditions for imposing a penalty under section 174A(1) or (1A) on a person who does not own or control an enterprise. The penalty amount is now fixed at £30,000 and £15,000 per day, instead of being specified by the Secretary of State.

    Exemplar quote from bill: .... (4) In subsection (2), in the words before paragraph (a), for “174A(1)” substitute 10 “174A(1)(a)”. (5) In subsection (3), for “section 174A(3)” substitute “any of section 174A(1)(b), (c) or (1A)”. ...(6) In subsection (4)— (a) for the words before paragraph (a) substitute “A penalty imposed 15 under section 174A(1) or (1A) on a person who does not own or control an enterprise must not—”; (b) in paragraph (a), for “such amount as the Secretary of State may by order specify” substitute “£30,000”; (c) in paragraph (b), for “such amount per day as the Secretary of State 20 may so specify” substitute “£15,000 per day”; (d) in paragraph (c) omit “as the Secretary of State may so specify”.... (7) After subsection (4) insert— “(4A) 25 A penalty imposed under section 174A(1) or (1A) on any other person must not— (a) in the case of a fixed amount, exceed 1% of the total value of the turnover...
    • ‼️ Economic Impact

      This change could potentially increase the financial burden on individuals who do not own or control an enterprise but are found in violation of the specified sections of the Act.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (4A)

    The insertion introduces new limits on the penalties that can be imposed under section 174A(1) or (1A) on any other person. The penalty must not exceed 1% of the total value of the turnover of the enterprises owned or controlled by the person, or 5% of the total value of the daily turnover of the enterprises owned or controlled by the person.

    Exemplar quote from bill: ...0,000”; (c) in paragraph (b), for “such amount per day as the Secretary of State 20 may so specify” substitute “£15,000 per day”; (d) in paragraph (c) omit “as the Secretary of State may so specify”. ...(7) After subsection (4) insert— “(4A) 25 A penalty imposed under section 174A(1) or (1A) on any other person must not— (a) in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (b) 30 in the case of an amount calculated by reference to a daily rate, exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person; (c) in the case of a fixed amount and an amount calculated by 35 reference to a daily rate, exceed such fixed amount and such amount per day.”... (8) Omit subsections (5) and (6). (9) Before subsection (7) insert— “(6A) The Secretary of State may by regulations amend subsection (4)(a) 40 and (b) by substituting for either or both of the sums f...
    • ‼️ Economic Impact

      This change could potentially increase the financial burden on individuals who own or control an enterprise and are found in violation of the specified sections of the Act.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Penalties for non-compliance with information notices

    The bill proposes amendments to the penalties for non-compliance with information notices. The word "may" is substituted with "must", and a new provision is added to specify the circumstances under which a monetary penalty may be payable for non-compliance.

    Exemplar quote from bill: ...nt enactments SCHEDULE 15 Section 201 INVESTIGATORY POWERS Introductory 1 Schedule 5 to CRA 2015 (investigatory powers) is amended as follows. Penalties for non-compliance with information notices 5 ...2 (1) Paragraph 15 is amended in accordance with sub-paragraphs (2) and (3). (2) In sub-paragraph (3)— (a) in the opening words for “may” substitute “must”; (b) after paragraph (b) insert— “(c) the circumstances in which a monetary penalty may 10 be payable under this Part of this Schedule in relation to non-compliance with the notice.”...ph 16 insert— 15 “Non-compliance with notice under paragraph 14: power of court to impose monetary penalties 16A (1) This paragraph applies where— (a) an enforcer or an officer of an enforcer has give...
    • ‼️ Justice System

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Non-compliance with notice under paragraph 14: power of court to impose monetary penalties

    The bill proposes the insertion of a new provision that gives the court the power to impose monetary penalties for non-compliance with a notice under paragraph 14. This applies when an enforcer or an officer of an enforcer has given a notice and considers that the respondent has failed to comply without a reasonable excuse.

    Exemplar quote from bill: ...ubstitute “must”; (b) after paragraph (b) insert— “(c) the circumstances in which a monetary penalty may 10 be payable under this Part of this Schedule in relation to non-compliance with the notice.” ...(3) After paragraph 16 insert— 15 “Non-compliance with notice under paragraph 14: power of court to impose monetary penalties 16A (1) This paragraph applies where— (a) an enforcer or an officer of an enforcer has given a notice to a person (“the respondent”) under paragraph 14, and (b) 20 the enforcer considers that the respondent has, without reasonable excuse, failed to comply with the notice. (2) The enforcer or an officer of the enforcer may make an application under this paragraph to the court. (3) If the court finds that the respondent has, without reasonable 25 excuse, failed to comply with the notice, the court may make an order that requires the respondent to pay a monetary penalty to the enforcer.... amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated 30 by reference to a daily rate. (5) The penalty must not exceed— (a) in...
    • ‼️ Justice System

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Schedule 24 Section 301

    The bill proposes amendments to the Financial Services and Markets Act 2000 and the Consumer Rights Act 2015. In the former, it omits certain provisions related to the ombudsman scheme. In the latter, it amends Schedule 5, although the specific amendments are not provided in the given text.

    Exemplar quote from bill: ...ny conditions or other requirements to be met by either (or both) 15 of the parties before, or while, ADR is being carried out; 11 “Dispute” means a consumer contract dispute. SCHEDULE 24 Section 301 ...CHAPTER 4 OF PART 4: CONSEQUENTIAL AMENDMENTS ETC Financial Services and Markets Act 2000 20 1 In Schedule 17 to the Financial Services and Markets Act 2000 (ombudsman scheme), omit the following provisions— (a) in paragraph 1, the definition of “ADR entity”; (b) paragraph 2(2); (c) paragraph 14(3A). 25 Consumer Rights Act 2015 2 (1) Schedule 5 to CRA 2015 (investigatory powers etc) is amended as follows.... (2) In the table in paragraph 11 (enforcer’s legislation: legislation mentioned in paragraph 9(1)(b)), at the appropriate place insert— Chapter 4 of Part 4 of the Digital Markets, 30 Competition and ...
    • ‼️ Justice System

      The proposed amendments could impact the justice system by altering the ombudsman scheme under the Financial Services and Markets Act 2000 and the investigatory powers under the Consumer Rights Act 2015.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Power to make pro-competition interventions

    The bill introduces the power to make pro-competition interventions. This could potentially involve measures to promote competition in digital markets.

    Exemplar quote from bill: ...rders: supplementary 42 Decision not to make final offer order 43 Duration and revocation of final offer orders 44 Duty to keep final offer orders under review CHAPTER 4 PRO-COMPETITION INTERVENTIONS ...45 Power to make pro-competition interventions... 46 Power to begin a PCI investigation etc 47 Procedure relating to PCI investigations 48 Consultation on proposed PCI decision 49 PCI decision 50 Pro-competition orders ii Digital Markets, Competitio...
    • ‼️ Economic Impact

      This change could have significant economic implications, particularly for large digital companies operating in the UK. Pro-competition interventions could potentially affect these companies' market dominance and business practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Enforcement orders

    The bill allows the Competition and Markets Authority (CMA) to issue enforcement orders when it finds that a designated undertaking has breached a conduct requirement. These orders can impose obligations to stop an ongoing breach, prevent future breaches, or address any damage caused by the breach.

    Exemplar quote from bill: ... (b) has accepted a commitment from the undertaking to which a conduct investigation relates (see section 36), in relation to the behaviour to which that commitment relates. 31 Enforcement orders (1) ...Where the CMA finds, as a result of a conduct investigation, that a designated 20 undertaking has breached a conduct requirement, it may make an order (an “enforcement order”) imposing on the undertaking such obligations as the CMA considers appropriate for one or more of the following purposes— (a) in a case where the breach is ongoing, stopping the breach; (b) preventing the breach from happening again; 25 (c) addressing any damage caused by the breach.... (2) The CMA may vary an enforcement order by making a revised version of that order. (3) An enforcement order may include transitional, transitory or saving provision. (4) An enforcement order must— ...
    • ‼️ Economic Impact

      This change gives the CMA significant power to enforce conduct requirements in digital markets, which could have a major impact on the behavior of digital companies.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Chapter 4—Pro-competition interventions

    The bill proposes a new power for the CMA to make pro-competition interventions in relation to a designated undertaking. This power can be exercised if the CMA considers that a factor or combination of factors relating to a relevant digital activity is having an adverse effect on competition, and making the intervention would likely contribute to remedying, mitigating or preventing the adverse effect on competition.

    Exemplar quote from bill: ...) whether to take action in accordance with Chapter 7 (enforcement and appeals) in respect of an undertaking which does not comply with a final offer order. CHAPTER 4 PRO-COMPETITION INTERVENTIONS 25 ...45 Power to make pro-competition interventions (1) The CMA may make a pro-competition intervention (a “PCI”) in relation to a designated undertaking where, following a PCI investigation (see section 46), the CMA considers that— (a) a factor or combination of factors relating to a relevant digital activity is having an adverse effect on competition, and (b) making the PCI would be likely to contribute to, or otherwise be of use for the purpose of, remedying, mitigating or preventing the adverse effect on competition....on. (2) In considering whether to make a PCI, and the form and content of any PCI, 35 the CMA may have regard to any benefits to UK users or UK customers that the CMA considers have resulted, or may b...
    • ‼️ Economic Impact

      This change could dramatically reshape the economic landscape by providing the CMA with the power to make pro-competition interventions, which could significantly affect market competition and business operations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Enhanced consumer measures

    The bill introduces the concept of "enhanced consumer measures", which include redress measures, compliance measures, and choice measures. These measures are intended to offer compensation or other redress to affected consumers, prevent or reduce the risk of the occurrence or repetition of infringing conduct, and enable consumers to choose more effectively between suppliers.

    Exemplar quote from bill: ...son of whom that person is an associate. (7) In this section “relative” means a brother, sister, uncle, aunt, nephew, niece, 5 lineal ancestor or lineal descendant. 214 Enhanced consumer measures (1) ...References in this Part to “enhanced consumer measures” are references to— (a) redress measures (see subsection (2)), (b) compliance measures (see subsection (3)), or 10 (c) choice measures (see subsection (4)).... (2) Redress measures are— (a) measures offering compensation or other redress to affected consumers; (b) 15 in cases where the commercial practice constituting a relevant infringement relates to a co...
    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Prohibition of unfair commercial practices

    The bill explicitly prohibits unfair commercial practices, which is likely to provide greater protection for consumers.

    Exemplar quote from bill: ...) Sections 235 to 245 contain miscellaneous and interpretative provisions in relation to this Chapter. Prohibition of unfair commercial practices 25 218 Prohibition of unfair commercial practices (1) ...Unfair commercial practices are prohibited.... (2) The promotion of unfair commercial practices in, or in connection with, a code of conduct by— (a) a person responsible for the content of a code of conduct, or 30 (b) a person responsible for mon...
    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 4—Consumer rights and disputes, Chapter 2—Subscription contracts

    The bill proposes new regulations for subscription contracts, imposing duties on traders, providing rights for consumers if those duties are breached, and allowing consumers to cancel subscription contracts during cooling-off periods.

    Exemplar quote from bill: ...which section 218 comes into force; “CPUTR 2008” means the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277). CHAPTER 2 SUBSCRIPTION CONTRACTS Introduction 15 246 Overview (1) ...This Chapter— (a) imposes duties on traders in relation to subscription contracts, (b) provides rights for consumers if those duties are breached, and (c) provides rights for consumers to cancel subscription contracts during cooling-off periods....ds. (2) Sections 247 and 248 set out what is a “subscription contract” for the purposes of this Chapter. (3) 25 Sections 249 to 254 impose duties on traders in relation to subscription contracts. (4) ...
    • ‼️ Consumer Protection

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 4—Consumer rights and disputes, Chapter 2—Subscription contracts

    The bill proposes that traders must provide consumers with key pre-contract information and full pre-contract information before entering into a subscription contract.

    Exemplar quote from bill: ...er, or (b) only for such purposes of this Chapter as are specified. (4) Regulations under subsection (2) are subject to the affirmative procedure. 5 Duties of traders 249 Pre-contract information (1) ...Before a trader enters into a subscription contract with a consumer, the trader must— (a) give to the consumer the information set out in Part 1 of Schedule 20 (“key pre-contract information”), and (b) give, or make available, to the consumer the information set out in Part 2 of Schedule 20 (“full pre-contract information”) so far as that information is applicable to the contract and not already apparent from the context....ntext. (2) The duty imposed by subsection (1) must be carried out— (a) as close in time to entering into the contract as is practicable, (b) in accordance with subsections (3) and (4), and (c) 20 in a...
    • ‼️ Consumer Protection

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Consumer rights and disputes in subscription contracts

    The bill introduces new regulations for subscription contracts, aiming to protect consumer rights. It mandates that traders must ensure consumers are aware of their obligations before entering a contract, and if this is not done, the consumer is not bound by the contract. Traders are also required to provide reminder notices to consumers about renewal payments. Furthermore, traders must facilitate consumers' ability to end a subscription contract in a single communication without unnecessary steps. If a consumer cancels or ends a subscription contract, the trader must acknowledge this and refund any overpayment.

    Exemplar quote from bill: ...th the following requirements— (a) it must all be given, or made available, together; (b) in relation to a contract entered into in person, it must be given in writing and on a durable medium. (5) 40 ...For the purposes of this section, information is made available to a consumer only if the consumer can reasonably be expected to— know how to access it, and be able to access it;...ill Part 4—Consumer rights and disputes Chapter 2—Subscription contracts (a) know how to access it, and (b) be able to access it; (6) For the purposes of this Chapter— (a) 5 references to a contract ...
    • ‼️ Consumer Rights

      This change significantly enhances consumer rights by introducing more transparency and ease in the process of entering, renewing, and ending subscription contracts. It also mandates traders to refund any overpayment, which could potentially prevent consumers from being financially exploited.

    • ‼️ Economic Impact

      This change could have a significant economic impact on businesses that rely heavily on subscription models. They may need to adjust their practices to comply with these new regulations, which could potentially increase their operational costs.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Consumer rights in subscription contracts

    The bill introduces new consumer rights in relation to subscription contracts. It defines "overpayment" and establishes that a trader's compliance with certain duties is an implied term in every subscription contract. It also gives consumers the right to cancel the contract without penalty, and the contract is considered cancelled from the time the cancellation notification is given. Consumers also have the right to cancel a subscription contract during the initial cooling-off period and any renewal cooling-off period. The Secretary of State may make regulations about the exercise of these rights and the consequences of exercising them, and may extend the cooling-off period.

    Exemplar quote from bill: ...rcises such a right by giving 15 a notification in any other way, before the end of the period of 3 working days beginning with the day after the day that the consumer gives that notification. (6) 20 ...In subsection (2)(b) “overpayment”, in relation to a subscription contract, means any payment made by the consumer for which the consumer is not liable as a result of cancelling the subscription contract or bringing it to an end.... Rights of consumers to cancel contract for breach 255 Terms implied into contracts A trader’s compliance with the following duties is an implied term in every 25 subscription contract— (a) the duty s...
    • ‼️ Consumer Rights

      This change significantly enhances consumer rights by providing clear and explicit protections for consumers in relation to subscription contracts. It gives consumers the right to cancel contracts without penalty and establishes cooling-off periods during which contracts can be cancelled. This could have a significant impact on businesses that rely on subscription models, as they will need to ensure their practices comply with these new regulations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Insolvency protection requirement

    The bill introduces a new requirement for traders operating a consumer savings scheme to have arrangements in place to cover the cost of returning to the consumer any protected payments in the event of the trader’s insolvency.

    Exemplar quote from bill: ...f this Chapter; (b) only for such purposes of this Chapter as are specified. 5 (4) Regulations under subsection (2) are subject to the affirmative procedure. 278 Insolvency protection requirement (1) ...A trader operating a consumer savings scheme must make and maintain the arrangements set out in section 279 (insurance arrangements) or in section 280 (trust arrangements) to cover, in the event of the trader’s insolvency, the cost of returning to the consumer any protected payments at the time of the insolvency....cy. (2) It is an implied term of every consumer savings scheme contract that the trader complies with the requirements of this section. (3) A trader operating a consumer savings scheme in the United K...
    • ‼️ Economic Impact

      This change could have a significant economic impact, as it introduces a new requirement for traders that could affect their financial stability and operations.

    • ‼️ Consumer Protection

      This change could also have a significant impact on consumer protection, as it ensures that consumers are protected in the event of a trader's insolvency.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Prohibition on acting as ADR provider without accreditation

    The bill introduces a prohibition on acting as an Alternative Dispute Resolution (ADR) provider without accreditation or exemption. This applies to both carrying out ADR and making special ADR arrangements.

    Exemplar quote from bill: ...ng the term “consumer” section 2(4) to (6) of that Act is to be disregarded. Prohibition on acting as ADR provider without accreditation etc 20 286 Prohibitions relating to acting as ADR provider (1) ...A person must not carry out ADR in relation to a consumer contract dispute unless the person— (a) is an exempt ADR provider whose exemption covers the ADR being carried out, (b) is an accredited ADR provider whose accreditation covers the ADR being carried out, or (c) is acting under special ADR arrangements made by— (i) an exempt ADR provider whose exemption covers the making of those special ADR arrangements, or (ii) an accredited ADR provider whose accreditation covers the making of those special ADR arrangements....ments. (2) A person must not make special ADR arrangements in relation to any one or more consumer contract disputes unless the person is— (a) an exempt ADR provider whose exemption covers the making ...
    • ‼️ Consumer Rights

      This change could potentially increase the quality and reliability of ADR providers, thereby protecting consumers from unqualified or fraudulent providers.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 14—Direct enforcement enactments

    The bill proposes the insertion of the Consumer Credit Act 1974, the Consumer Rights Act 2015, and the Digital Markets, Competition and Consumers Act 2023 into the list of Direct Enforcement Enactments.

    Exemplar quote from bill: ...r rule of law Authorised enforcers protection to section 13 of the Supply of Goods and Services Act 1982 SCHEDULE 14 Section 143 5 DIRECT ENFORCEMENT ENACTMENTS Enactment Extent 1. Acts of Parliament ...Consumer Credit Act 1974 The whole Act Consumer Rights Act 2015 Parts 1 and 2 Chapter 5 of Part 3 Schedules 2 and 3 Part 3 of Schedule 5 Chapters 1, 2 and 3 of Part 4 Digital Markets, Competition and Consumers Act 2023...t 2023 Sale of Goods Act 1979 Sections 1 to 10 Section 11 (other than subsection (4)) Sections 16 to 19 Sections 20A and 20B Sections 21 to 28 20 Section 29 (other than subsection (3)) Section 34 Sect...
    • ‼️ Consumer Rights

      This change could have a significant impact on consumer rights, as it pertains to the enforcement of key consumer protection acts.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 18 Section 218

    The bill proposes a list of commercial practices that are considered unfair in all circumstances. These include falsely claiming to be a signatory to a code of conduct, falsely claiming that a code of conduct has an endorsement it does not have, and displaying a trust mark or quality mark without the necessary authorisation.

    Exemplar quote from bill: ...on with the coming into force of the new law. 340 Digital Markets, Competition and Consumers Bill Schedule 17—Part 3: transitional and saving provisions in relation to Part 3 SCHEDULE 18 Section 218 ...COMMERCIAL PRACTICES WHICH ARE IN ALL CIRCUMSTANCES CONSIDERED UNFAIR 1 Claiming to be a signatory to a code of conduct when the trader is not. 2 Claiming that a code of conduct has an endorsement from a public or private body which it does not have. 3 Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation....n. 4 Claiming that a trader, a trader’s commercial practice, or a product has been approved, endorsed or authorised by a public or private body when— (a) the claim is false, or 10 (b) the terms of the...
    • ‼️ Consumer Protection

      This change provides clear guidelines on what constitutes unfair commercial practices, which will help protect consumers from deceptive or misleading practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Commercial practices considered unfair

    The bill proposes a list of commercial practices that are considered unfair. These include falsely representing oneself as a consumer, creating the impression that a consumer cannot leave the premises until a contract is formed, ignoring a consumer's request to leave or not return to their home, making persistent and unwanted solicitations, requiring a consumer to produce irrelevant documents to claim on an insurance policy, including a direct appeal to children in advertisements, supplying products to a consumer that have not been requested, and telling a consumer that the trader's job or livelihood will be at risk if the consumer does not buy the product.

    Exemplar quote from bill: ...n marketing material an invoice or similar document seeking payment which gives the consumer the impression that the consumer has already ordered the marketed product when the consumer has not. 24 10 ...Falsely claiming or creating the false impression that the trader is not acting for purposes relating to the trader’s business or falsely representing oneself as a consumer.... 25 Creating the impression that the consumer cannot leave the premises until a contract is formed. 26 15 Ignoring a request from a consumer to leave or not return to the consumer’s home except in cir...
    • ‼️ Consumer Rights

      These changes significantly enhance consumer rights by clearly defining unfair commercial practices and providing consumers with clear protections against such practices.

    • ‼️ Economic Impact

      These changes could have a significant economic impact by potentially altering the practices of businesses and traders, particularly those in the digital market.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Commitments relating to conduct requirements

    The bill allows the CMA to accept commitments from undertakings under conduct investigation, where the undertaking commits to certain behavior in respect of a conduct requirement.

    Exemplar quote from bill: ...in accordance with Chapter 7 (enforcement and appeals) in respect of an undertaking which does not comply with an enforcement order. Commitments relating to conduct requirements 36 Commitments (1) 15 ...The CMA may accept an appropriate commitment from an undertaking subject to a conduct investigation as to its behaviour in respect of a conduct requirement to which the investigation relates.... (2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would mean that it would not be 20 necessary to carry out a conduct investigation so far...
    • ‼️ Economic Impact

      This change could provide a more flexible approach to enforcing conduct requirements, allowing companies to make commitments to change their behavior rather than facing enforcement orders.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Statement of policy on penalties

    The bill requires the CMA to prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under sections 84 and 86. This statement must include considerations relevant to the determination of whether to impose a penalty and the nature and amount of any such penalty.

    Exemplar quote from bill: ...section (2) are subject to the negative procedure. 54 Digital Markets, Competition and Consumers Bill Part 1—Digital Markets Chapter 7—Enforcement and appeals 90 Statement of policy on penalties (1) ...The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under sections 84 and 86.... (2) 5 The statement must include a statement about the considerations relevant to the determination of— (a) whether to impose a penalty under section 84 or 86; (b) the nature and amount of any such p...
    • ‼️ Justice System

      This change could potentially increase transparency and predictability in the enforcement of the Act, as it requires the CMA to publish a statement of policy on penalties.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Offences

    The bill introduces a new offence for intentionally or recklessly destroying, disposing of, falsifying, or concealing information that a person has been required to give to the CMA or any other person under a provision of Chapter 6. It also makes it an offence to cause or permit the destruction, disposal, falsification, or concealment of such information.

    Exemplar quote from bill: ...not be found guilty of an offence under section 92, 93 or 94 by virtue of an act or omission if the person has paid a penalty imposed under section 86 in relation to that act or omission. Offences 30 ...92 Destroying or falsifying information (1) A person (“P”) commits an offence if, having been required to give information to the CMA or any other person under a provision of Chapter 6, P— (a) 35 intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or (b) causes or permits its destruction, disposal, falsification or concealment.... Digital Markets, Competition and Consumers Bill 55 Part 1—Digital Markets Chapter 7—Enforcement and appeals (2) See section 96 for provision restricting the application of this section in relation t...
    • ‼️ Justice System

      This change could potentially increase accountability and transparency in digital markets.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Offences by officers of a body corporate etc

    The bill proposes that if a body corporate commits an offence under sections 92, 93, or 94, and it is proven that the offence was committed with the consent or connivance of an officer of the body corporate, or is attributable to neglect on the part of an officer of the body corporate, then the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

    Exemplar quote from bill: ...(2) See section 96 for provision restricting the application of this section in relation 25 to acts done by a person who is outside the United Kingdom. 95 Offences by officers of a body corporate etc ...(1) If an offence under section 92, 93 or 94 committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer 30 of the body corporate, or (b) to be attributable to neglect on the part of an officer of the body corporate, 35 the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.... (2) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with 56 Digital Markets, Competition and Consu...
    • ‼️ Justice System

      This change could potentially increase accountability within corporations and deter corporate misconduct.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement)

    The bill proposes the insertion of a new section (25B) into Chapter 3 of Part 1 of CA 1998, which deals with competition investigation and enforcement. This new section imposes a duty on individuals to preserve documents relevant to investigations by the Competition and Markets Authority (CMA).

    Exemplar quote from bill: ...) of section 2 of CA 1998 applies for the purposes of subsection (4) as it applies for the purposes of Part 1 of that Act. Investigations 118 Duty to preserve documents relevant to investigations (1) ...Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows....s. (2) After section 25A insert— “25B Duty to preserve documents relevant to investigations (1) 10 Subsection (2) applies where a person knows or suspects that an investigation by the CMA under sectio...
    • ‼️ Justice System

      This insertion could potentially strengthen the enforcement of competition law by ensuring that relevant documents are preserved and not tampered with during investigations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 28 of CA 1998 (power to enter business premises under a warrant)

    The bill proposes an amendment to section 28 of CA 1998, which deals with the power to enter business premises under a warrant. The amendment expands the scope of this power to include not only documents that are on the premises but also those that are accessible from the premises.

    Exemplar quote from bill: ...alties) (inserted by paragraph 8 of Schedule 8), in subsection (1), in paragraph (a), after “imposed on the person” insert “by section 25B or”. 119 Production of information authorised by warrant (1) ...Section 28 of CA 1998 (power to enter business premises under a warrant) is amended as follows....ws. (2) In subsection (1)— (a) in paragraph (a), in the words before sub-paragraph (i), after “there are on” insert “or accessible from”; (b) in paragraph (b), in sub-paragraph (i), after “there are o...
    • ‼️ Justice System

      This amendment could potentially strengthen the enforcement of competition law by allowing investigators to access a wider range of documents during their investigations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power of CMA to investigate suspected infringements

    The bill grants the Competition and Markets Authority (CMA) the power to investigate suspected infringements of commercial practices that constitute a relevant infringement or if a person is an accessory to such a practice.

    Exemplar quote from bill: ...5 The Crown is not liable for any monetary penalty imposed by virtue of this Chapter. CHAPTER 4 DIRECT ENFORCEMENT POWERS OF CMA Investigations 173 Power of CMA to investigate suspected infringements ...(1) This section applies where the CMA has reasonable grounds for suspecting that— (a) a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement, or (b) a person is an accessory to such a practice. (2) The CMA may conduct an investigation into the matter....er. 35 112 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA (3) Where the CMA conducts an investigation, it may...
    • ‼️ Consumer Rights

      This change could potentially increase the protection of consumer rights by granting the CMA the power to investigate suspected infringements of commercial practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Provisional infringement notice

    The bill introduces a new provision for the issuance of a provisional infringement notice by the CMA during an ongoing investigation if there are reasonable grounds to believe that the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement or if the respondent is an accessory to such a practice.

    Exemplar quote from bill: ...ment terms must be submitted. (5) The CMA may change the submission date by giving the designated 15 undertaking and the third party a further notice specifying the new date. 40 Final offers: outcome ...(1) This section applies where— (a) the CMA has started an investigation under section 173 that is continuing, and (b) the condition in subsection (2) is met in respect of any person (“the respondent”) who is subject to the investigation. (2) The condition in this subsection is met in respect of the respondent if the CMA has reasonable grounds to believe that— (a) the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement (“the infringing practice”), or (b) the respondent is an accessory to such a practice....e given effect for the purposes of— (a) the transaction, and 30 (b) any transaction between the designated undertaking and the third party which is substantially the same as the transaction. (3) The C...
    • ‼️ Consumer Rights

      This change could potentially increase the protection of consumer rights by allowing the CMA to issue a provisional infringement notice during an ongoing investigation.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 4—Direct enforcement powers of CMA

    The bill proposes that a person to whom a relevant notice is given may appeal to the appropriate appeal court against a decision to impose a monetary penalty, the nature or amount of any such penalty, or the giving of directions. The grounds for an appeal include that the decision was based on an error of fact, was wrong in law, was unreasonable, or was wrong for any other reason. The appropriate court may quash, confirm, or vary the relevant notice on an appeal.

    Exemplar quote from bill: ...given in a notice under 35 section 185(5)(b). Digital Markets, Competition and Consumers Bill 129 Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA 195 Appeals ...(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against— (a) a decision to impose a monetary penalty by virtue of the notice, (b) the nature or amount of any such penalty, or (c) the giving of directions by virtue of the notice....e. (2) The grounds for an appeal under subsection (1)(a) or (b) are that— (a) the decision to impose a monetary penalty was based on an error of fact, (b) the decision was wrong in law, 10 (c) the amo...
    • ‼️ Justice System

      This change could potentially increase fairness in the enforcement of consumer protection law by the CMA by providing a mechanism for appeal against decisions to impose monetary penalties or give directions.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Protection from unfair trading

    The bill introduces new regulations that define misleading actions in commercial practices. These include providing false or misleading information, creating confusion with other products or traders, and failing to comply with a code of conduct while claiming to do so.

    Exemplar quote from bill: ...; (b) 35 in relation to paragraph (b) of that definition, whether or not the purposes relating to P’s business are the only or main purposes for which the person is acting. 219 Misleading actions (1) ...For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves— (a) the provision of false or misleading information relating to a product, 40 a trader or any other matter relevant to a transactional decision, (b) an overall presentation which is likely to deceive the average consumer about a matter relating to a product, a trader or any other matter relevant to a transactional decision, (c) any marketing of a product which creates confusion, or is likely to create confusion, with any product, trade mark, trade name or other distinguishing mark of another trader, or (d) a failure to comply with a requirement in a code of conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code....conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code. (2) In subsection (1)(a), the reference to misleading information i...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by clearly defining what constitutes misleading actions in commercial practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Protection from unfair trading

    The bill introduces new regulations that define misleading omissions in commercial practices. These include omitting material information, omitting information required by other enactments, and failing to identify commercial intent.

    Exemplar quote from bill: ... of conduct if— (a) there is no discretion afforded to the trader in relation to the requirement, and (b) compliance with the requirement is capable of being verified. 20 220 Misleading omissions (1) ...For the purposes of this Chapter, a commercial practice involves a misleading omission if, considering the matters mentioned in subsection (3), the practice— (a) omits material information, (b) omits information which the trader is required under any other 25 enactment to give to a consumer as part of the practice, or (c) fails to identify its commercial intent (unless it is already apparent from the context).... (2) 30 In subsection (1)(a), “material information” means information that the average consumer needs to take an informed transactional decision. (3) The matters referred to in subsection (1) are— (a...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by clearly defining what constitutes misleading omissions in commercial practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Protection from unfair trading

    The bill introduces new regulations that define aggressive practices in commercial practices. These include the use of harassment, coercion, or undue influence.

    Exemplar quote from bill: ...that the consumer is unlikely to see it. Digital Markets, Competition and Consumers Bill 147 Part 4—Consumer rights and disputes Chapter 1—Protection from unfair trading 221 Aggressive practices (1) ...For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence.... (2) 5 In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of— (a) the nature of the practice; (b) the timing and location of the practice;...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by clearly defining what constitutes aggressive practices in commercial practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Protection from unfair trading

    The bill assigns the duty of enforcing the prohibitions in section 218 to local weights and measures authorities in Great Britain, the Department for the Economy in Northern Ireland, and the CMA.

    Exemplar quote from bill: ...bles, or purports to enable, the consumer to decide whether to purchase the product or take another transactional decision in relation to the product. Public enforcement 15 224 Public enforcement (1) ...It is the duty of every local weights and measures authority in Great Britain to enforce in its area the prohibitions in section 218. (2) It is the duty of the Department for the Economy in Northern Ireland to enforce the prohibitions in section 218 in Northern Ireland. (3) The CMA may also enforce the provisions of this Chapter....er. (4) In exercising functions under this section, every local weights and measures authority in Great Britain, the Department for the Economy in Northern 25 Ireland and the CMA must have regard to t...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by assigning enforcement duties to specific authorities.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Protection from unfair trading

    The bill introduces new consumer rights of redress under certain conditions.

    Exemplar quote from bill: ...ocal weights and measures authority in Great Britain to bring proceedings in Scotland for an offence. Consumers’ rights of redress relating to unfair commercial practices 30 225 Rights of redress (1) ...A consumer has rights of redress under this Chapter if each of the following four conditions is met.... (2) The first condition is that— (a) the consumer enters into a contract with a trader under which the 35 trader supplies a product to the consumer (a “business-to-consumer contract”), 150 Digital Ma...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by introducing new rights of redress.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer rights and disputes

    The bill introduces new conditions for consumer rights and disputes, defining a "prohibited practice" as an unfair commercial practice involving a misleading action or an aggressive practice. It also defines a "producer" as a manufacturer or importer of goods or digital content, or a person purporting to be such a manufacturer or importer.

    Exemplar quote from bill: ...ital content, and (ii) 15 when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it. ...(3) The third condition is that the prohibited practice is a significant factor in the consumer’s decision— (a) to enter into the contract mentioned in subsection (2)(a) or (b), or (b) to make the payment mentioned in subsection (2)(c).... 20 (5) The fourth condition is that the product concerned is not a product excluded from the application of rights of redress by regulations under section 226. (6) In subsection (3), “producer” means...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by clearly defining prohibited practices and the role of producers in consumer rights and disputes.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer rights and disputes

    The bill grants the Secretary of State the power to regulate consumer rights of redress, including the right to unwind a contract or payment, the right to a discount for a product under a contract, and the right to damages for financial loss, distress, or physical inconvenience or discomfort.

    Exemplar quote from bill: ...o a consumer-to-business contract, or 40 (c) make a consumer payment. Digital Markets, Competition and Consumers Bill 151 Part 4—Consumer rights and disputes Chapter 1—Protection from unfair trading ...226 Rights of redress: further provision (1) The Secretary of State may by regulations provide for any of the following descriptions of rights to be exercisable by a consumer who has rights of redress under this Chapter— (a) a right to unwind in respect of a relevant contract or consumer 5 payment; (b) a right to a discount in respect of a supply of a product under a relevant contract; (c) 10 a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.... (2) Regulations under this section may include provision— (a) about how a right is to be exercised by the consumer; (b) for an amount of discount mentioned in subsection (1)(b) to be determined in ac...
    • ‼️ Consumer Protection

      This change enhances consumer protection by providing consumers with a range of rights of redress, which can be regulated by the Secretary of State.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer rights and disputes

    The bill introduces new offences for traders who engage in unfair commercial practices, including misleading actions, misleading omissions, and aggressive practices.

    Exemplar quote from bill: ...y store the product. Digital Markets, Competition and Consumers Bill 153 Part 4—Consumer rights and disputes Chapter 1—Protection from unfair trading Offences relating to unfair commercial practices ...230 Offences (1) A trader commits an offence if, in breach of section 218(1), the trader engages 5 in an unfair commercial practice which involves a misleading action within section 219(1)(a), (b) or (c) (see section 218(4)(a)(i)). (2) A trader commits an offence if, in breach of section 218(1), the trader engages in an unfair commercial practice which involves a misleading omission (see section 218(4)(a)(ii)). (3) 10 A trader commits an offence if, in breach of section 218(1), the trader engages in an unfair commercial practice which involves an aggressive practice (see section 218(4)(a)(iii)).... (4) A trader commits an offence if, in breach of section 218(1)— (a) the trader engages in an unfair commercial practice which involves a 15 contravention of the requirements of professional diligenc...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by criminalizing certain unfair commercial practices by traders.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Offence of failing to provide pre-contract information about initial cooling-off rights

    The bill introduces a new offence for traders who fail to provide pre-contract information about initial cooling-off rights when entering into an off-premises subscription contract.

    Exemplar quote from bill: ...subject to the negative procedure. Offence of failing to provide information about cooling-off rights 5 261 Offence of failing to provide pre-contract information about initial cooling-off rights (1) ...A trader commits an offence if the trader— (a) enters into an off-premises subscription contract, and (b) fails to— 10 (i) give the consumer the information listed in paragraph 10(a) of Schedule 20 in accordance with section 249(1)(a), or (ii) give, or make available, the information set out in paragraph 20 of that Schedule in accordance with section 249(1)(b).... (2) Subsections (3) and (4) apply where a trader— 15 (a) commits an offence under subsection (1), or (b) would have committed an offence under that subsection but for a defence under section 262, 20 ...
    • ‼️ Consumer Rights

      This change strengthens consumer rights by ensuring they are informed about their cooling-off rights before entering into a subscription contract.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Penalty for offence and enforcement

    The bill establishes penalties for the new offence of failing to provide pre-contract information about initial cooling-off rights. The penalty is a fine, with the amount varying depending on the jurisdiction.

    Exemplar quote from bill: ...mer rights and disputes Chapter 2—Subscription contracts (4) In subsection (3), a reference to a partner includes a person purporting to act as a partner. 264 Penalty for offence and enforcement (1) ...A person who is guilty of an offence under section 261(1) is liable— (a) on summary conviction in England Wales, to a fine; 5 (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.... (2) It is the duty of every local weights and measures authority in Great Britain to enforce section 261(1) in its area. (3) It is the duty of the Department for the Economy in Northern Ireland to 10...
    • ‼️ Justice System

      This change impacts the justice system by introducing a new offence and associated penalties.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Terms of a subscription contract which are of no effect

    The bill declares that any term of a subscription contract that contravenes the provisions of this chapter is of no effect. This includes any term that seeks to exclude or restrict a trader's liability arising from the terms implied into the contract by section 255.

    Exemplar quote from bill: ...n in clear and plain language and (a) if given in writing, be in a legible form; (b) if given orally, be audible and comprehensible. 266 Terms of a subscription contract which are of no effect 15 (1) ...Any term of a subscription contract that is in contravention of this Chapter is, to that extent, of no effect (including any term that seeks to exclude or restrict a trader’s liability arising from the terms implied into the contract by section 255).... (2) In cases to which this subsection applies, any term of a subscription contract 20 which seeks to impose on a consumer liability for a renewal payment before the day on which the contract renews i...
    • ‼️ Consumer Rights

      This change enhances consumer rights by invalidating any contract terms that contravene the provisions of this chapter.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Information requirements

    The bill introduces a new requirement for traders to provide certain information to consumers within 30 working days of the consumer making the first payment under a consumer savings scheme contract. This information includes the contact details of the insurer or trustees responsible for protecting the consumer’s payments, the policy number if insurance arrangements are in place, and a copy of the trust deed if trust arrangements are in place.

    Exemplar quote from bill: ...s. (9) In the event of a trader’s insolvency, monies held on trust for a consumer by the trustees in accordance with this section must be returned to the consumer. 281 Information requirements (1) 10 ...A trader must, before the end of 30 working days beginning with the day on which a consumer makes the first payment to the trader under a consumer savings scheme contract, provide to the consumer the following information— (a) the name, address, telephone number and email address of the insurer or trustees responsible for protecting the consumer’s payments; (b) where insurance arrangements are in place, the policy number for the policy under which the consumer’s payments are protected; (c) where trust arrangements are in place, a copy of the trust deed under which the consumer’s payments are held....ld. (2) The trader must notify the consumer of any change to any of the information 20 provided under subsection (1) before the end of 30 working days, beginning with the day on which the change takes...
    • ‼️ Consumer Protection

      This change could have a significant impact on consumer protection, as it ensures that consumers are provided with important information about the protection of their payments.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer Savings Schemes

    The bill proposes new regulations for Consumer Savings Schemes. It mandates that information provided under this section must be in clear and plain language and, if in writing, in a legible form. The information must be given in writing on a durable medium if the contract is to be entered into in the simultaneous physical presence of the trader and the consumer. If the contract is to be entered into online without the simultaneous physical presence of the trader and the consumer, the information must be given in writing by being displayed in any location online where the consumer may take steps to enter into the contract, and be accessible in that location without the need for any action by the consumer. If the contract is to be entered into orally without the simultaneous physical presence of the trader and the consumer, the information must be given to the consumer orally and in a way that is audible and comprehensible. In cases not falling within these categories, the trader must also, as soon as reasonably practicable after the contract has been entered into, give the consumer the information in writing on a durable medium. A trader operating a consumer savings scheme in the United Kingdom, who is not established in the United Kingdom, must comply with the requirements of this section. It is an implied term of every consumer savings scheme contract that the trader complies with the requirements of this section.

    Exemplar quote from bill: ...nformation mentioned in subsection (1), the trader must, before the end of 30 working days beginning with the day on which the request is received, provide, without charge, the information requested. ...(4) The information provided under this section must be in clear and plain 25 language and, if in writing, in a legible form.... (5) The information provided under this section must— (a) in cases where the contract is to be entered into in the simultaneous 30 physical presence of the trader and the consumer, be given in writin...
    • ‼️ Consumer Protection

      This change strengthens consumer protection by ensuring that consumers are provided with clear and comprehensible information about the contract they are entering into. This can help consumers make informed decisions and protect their rights.

    • ‼️ Digital Markets

      This change impacts digital markets by imposing new requirements on traders operating online. This could potentially affect the operations of online businesses and the digital economy.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative dispute resolution for consumer contract disputes

    The bill introduces a definition for "Consumer contract dispute", which includes disputes related to actions taken before the contract, the making of the contract, obligations under the contract, and the performance of obligations under the contract.

    Exemplar quote from bill: ... to the affirmative procedure. 40 190 Digital Markets, Competition and Consumers Bill Part 4—Consumer rights and disputes Chapter 4—Alternative dispute resolution for consumer contract disputes (11) ...“Consumer contract dispute” means a dispute between the parties to a consumer contract which relates to the contract, including a dispute concerning— (a) anything done by either party before making the contract, (b) the making of the contract, (c) obligations under or relating to the contract, or (d) the performance by either party of their obligations under or relating to the contract..... (12) 10 In subsection (11) “dispute” means a legal dispute, that is to say one which may be determined by a court or tribunal in proceedings brought by either of the parties to the contract. (13) Th...
    • ‼️ Consumer Rights

      This change provides a clear definition of what constitutes a consumer contract dispute, which could potentially streamline the process of resolving such disputes and protect consumer rights.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Prohibitions relating to charging fees to consumers

    The bill introduces a prohibition on accredited ADR providers charging consumers a fee for carrying out ADR, unless the fee is charged in accordance with approved and published provisions.

    Exemplar quote from bill: ...etition and Consumers Bill 191 Part 4—Consumer rights and disputes Chapter 4—Alternative dispute resolution for consumer contract disputes 287 Prohibitions relating to charging fees to consumers (1) ...An accredited ADR provider must not charge the consumer a fee in respect of ADR being carried out (or to be carried out) in relation to a consumer contract— (a) by the accredited ADR provider, or (b) by another ADR provider under special ADR arrangements made by the accredited ADR provider, unless the fee is charged in accordance with provisions for the charging of fees to consumers which meet the conditions in subsection (2)..... (2) The conditions are that the provisions in question— 10 (a) have been made by the accredited ADR provider, (b) are approved by the Secretary of State for the purposes of this subsection, and (c) ...
    • ‼️ Consumer Rights

      This change could potentially protect consumers from being charged excessive or unexpected fees for ADR services.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Applications for accreditation etc

    The bill introduces a requirement for individuals or entities wishing to become accredited ADR providers to apply to the Secretary of State for accreditation.

    Exemplar quote from bill: ... “specified” means specified in the regulations. (7) Regulations under subsection (2) are subject to the negative procedure. 20 Accreditation: procedure etc 289 Applications for accreditation etc (1) ...A person who wishes to be an accredited ADR provider must apply to the Secretary of State for accreditation to enable the person to carry out ADR or to make special ADR arrangements (or to do both)....h). (2) An application for accreditation to carry out ADR may be limited to one or more particular descriptions of ADR. (3) An application for accreditation to make special ADR arrangements may be lim...
    • ‼️ Consumer Rights

      This change could potentially increase the quality and reliability of ADR providers, thereby protecting consumers from unqualified or fraudulent providers.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative dispute resolution for consumer contract disputes

    The bill proposes that the Secretary of State can publish and disclose ADR information for the purpose of providing information to consumers, to any Minister of the Crown, government department or devolved authority, to a regulator, to a public designated enforcer, or if the disclosure is necessary for the purpose of criminal proceedings.

    Exemplar quote from bill: ...o regulations under section 295 or a direction under section 296, or (b) is otherwise held by the Secretary of State for the purposes of any function of the Secretary of State under this Chapter. (2) ...The Secretary of State may publish information to which this section applies for the purpose of providing information to consumers.... (3) The Secretary of State may disclose information to which this section applies— 10 (a) to any Minister of the Crown, government department or devolved authority; (b) to a regulator; (c) to a publi...
    • ‼️ Justice System

      This change could potentially increase transparency and accountability in the process of dispute resolution in consumer contract disputes.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative dispute resolution for consumer contract disputes

    The bill proposes that when a trader responds to a complaint from a consumer in respect of any matters relating to a consumer contract between them, the trader must also inform the consumer about any ADR or other arrangement that is available if the consumer is dissatisfied with the outcome.

    Exemplar quote from bill: ...mend this Chapter. (6) Regulations under this section are subject to the affirmative procedure. Complaints by consumers to traders 10 300 Duty of trader to notify consumer of ADR arrangements etc (1) ...This section applies where a trader responds to a complaint from a consumer in respect of any matters relating to a consumer contract between them.... (2) 15 In subsection (1) “matters relating to a consumer contract” include anything concerning— (a) the making of the contract, (b) anything done by the trader before or after making the contract, (c...
    • ‼️ Consumer Rights

      This change could potentially increase the protection of consumer rights by ensuring that consumers are informed about their options for dispute resolution.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Paragraph 16D

    The bill introduces a new provision that allows a person who has been given a final enforcement notice to appeal against the decision to impose a monetary penalty, the nature or amount of the penalty, or the directions given in the notice.

    Exemplar quote from bill: ...Act 2023 apply to a direction given in a notice under this paragraph as if the direction were an enforcement direction for the purposes of those sections. Appeals against final enforcement notice 16D ...A person to whom a final enforcement notice is given may appeal to the appropriate court against— (a) a decision to impose a monetary penalty by virtue of the notice, (b) the nature or amount of any such penalty, or (c) the giving of directions by virtue of the notice....notice. (2) 15 The grounds for an appeal under sub-paragraph (1)(a) or (b) are that— (a) the decision to impose a monetary penalty was based on an error of fact, (b) the decision was wrong in law, (c)...
    • ‼️ Justice System

      This change provides a legal recourse for those who believe they have been unfairly penalized, potentially leading to more fair and balanced enforcement of digital market regulations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Pre-contract information and reminder notices

    The bill introduces a list of key pre-contract information that must be provided to the consumer, including details about the contract's duration, the frequency and amount of payments, and the steps the consumer must take to end the contract.

    Exemplar quote from bill: ...ublic school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980. SCHEDULE 20 Section 249 PRE-CONTRACT INFORMATION AND REMINDER NOTICES PART 1 KEY PRE-CONTRACT INFORMATION 1 ...The information referred to in section 249(1)(a) is as follows.... 35 2 If section 247(2) applies to the contract— (a) that the contract will continue, or continue for a fixed term, unless the consumer takes steps to bring the contract to an end, or to an earlier en...
    • ‼️ Consumer Rights

      This change could potentially enhance consumer rights, as it requires traders to provide clear and comprehensive pre-contract information to consumers.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Pre-contract information and reminder notices

    The bill proposes the insertion of new regulations that require traders to provide detailed pre-contract information to consumers. This includes arrangements for payment, delivery, and performance, the trader's complaint handling policy, and detailed information about the consumer's right to cancel the subscription contract during the initial cooling-off period.

    Exemplar quote from bill: ...e fact that such additional charges may be payable. 352 Digital Markets, Competition and Consumers Bill Schedule 20—Pre-contract information and reminder notices Part 2—Full pre-contract information ...18 The arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods, to perform the services or to supply the digital content.... 19 The trader’s complaint handling policy. 20 The following information about the consumer’s right to cancel the 5 subscription contract during the initial cooling-off period— (a) when that period be...
    • ‼️ Consumer Rights

      This change significantly enhances consumer rights by ensuring they are fully informed before entering into a contract. It also provides clear guidelines on how consumers can exercise their right to cancel a contract, potentially reducing disputes and enhancing consumer protection.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Reminder notices

    The bill proposes the insertion of new regulations that require traders to provide consumers with reminder notices containing specific information. This includes a warning that the consumer will become liable for the renewal payment unless they take steps to end the contract, and the date and amount of the renewal payment.

    Exemplar quote from bill: ...rictions. 27 15 The possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it. PART 3 REMINDER NOTICES ...28 20 The information referred to in section 252(1)(a) (information that must be contained in a reminder notice) is as follows.... 29 That the consumer will become liable for the renewal payment to which the notice relates unless the consumer takes steps to bring the contract to an end. 30 25 The date (“the renewal date”) on whi...
    • ‼️ Consumer Rights

      This change significantly enhances consumer rights by ensuring they are fully informed about their liabilities under a contract. It also provides clear guidelines on how consumers can avoid becoming liable for renewal payments, potentially reducing disputes and enhancing consumer protection.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Paragraph 16F

    The bill introduces a new requirement for the CMA to prepare and publish a statement of policy regarding its use of power to impose penalties under the new enforcement provisions.

    Exemplar quote from bill: ...een paid. (3) Any such penalty and interest may be recovered summarily (or, in Scotland, recovered) as a civil debt by the CMA. Statement of policy in relation to penalties under paragraph 16C 20 16F ...The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C.... (1) (2) 25 The statement must include a statement about the considerations relevant to the determination of— (a) whether to impose a penalty under that paragraph, and (b) the nature and amount of any...
    • ‼️ Justice System

      This change promotes transparency in the enforcement process, potentially leading to more predictable and consistent application of penalties.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Power to designate undertaking as having Strategic Market Status (SMS)

    The bill introduces the concept of Strategic Market Status (SMS) and provides the power to designate an undertaking as having SMS. This designation is based on several factors including the digital activities of the undertaking, its link to the UK, its substantial and entrenched market power, its position of strategic significance, and its turnover.

    Exemplar quote from bill: ...n and Consumers Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 DIGITAL MARKETS CHAPTER 1 OVERVIEW 1 Overview CHAPTER 2 STRATEGIC MARKET STATUS Power to designate undertaking as having SMS ...2 Designation of undertaking 3 Digital activities 4 Link to the United Kingdom 5 Substantial and entrenched market power 6 Position of strategic significance 7 The turnover condition 8 Turnover of an undertaking... Procedure 9 Initial SMS investigations 10 Further SMS investigations 11 Procedure relating to SMS investigations 12 Closing an initial SMS investigation without a decision 13 Consultation on proposed...
    • ‼️ Economic Impact

      This change could have significant economic implications, particularly for large digital companies operating in the UK. Being designated as having SMS could potentially subject these companies to additional regulatory scrutiny and requirements.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Power to impose conduct requirements

    The bill introduces the power to impose conduct requirements on undertakings with Strategic Market Status (SMS). It also outlines the permitted types of conduct requirements, the content of the notice imposing a conduct requirement, and the process for revoking conduct requirements.

    Exemplar quote from bill: ...s to designate 16 Notice requirements: decisions to revoke a designation 17 Existing obligations 18 Designation period Bill 350 58/3 CHAPTER 3 CONDUCT REQUIREMENTS Imposition of conduct requirements ...19 Power to impose conduct requirements 20 Permitted types of conduct requirement 21 Content of notice imposing a conduct requirement 22 Revocation of conduct requirements... 23 Transitional provision relating to conduct requirements etc 24 Consultation in relation to a conduct requirement 25 Duty to keep conduct requirements under review etc Enforcement of conduct requir...
    • ‼️ Economic Impact

      This change could have significant economic implications, particularly for large digital companies operating in the UK. The imposition of conduct requirements could potentially affect these companies' operations and business practices.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 1 - Digital Markets, Chapter 1 - Overview

    The bill proposes the establishment of a new regulatory framework for digital markets. This includes the ability for the Competition and Markets Authority (CMA) to regulate competition in digital markets, designate undertakings as having strategic market status, impose conduct requirements on designated undertakings, promote competition, require reporting of possible mergers, and exercise investigatory powers and compliance reports. The bill also provides for enforcement and appeals mechanisms, as well as administrative provisions.

    Exemplar quote from bill: ... Duty of expedition on sectoral regulators in respect of their competition functions Schedule 26 — Digital Markets, Competition and Consumers Bill xv [AS AMENDED IN PUBLIC BILL COMMITTEE] A BILL TO ...Provide for the regulation of competition in digital markets; to amend the Competition Act 1998 and the Enterprise Act 2002 and to make other provision about competition law; to make provision relating to the protection of consumer rights and to confer further such rights; and for connected purposes.... B E IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of...
    • ‼️ Economic Impact

      The proposed changes could significantly reshape the digital market landscape, potentially affecting large tech companies and their business practices. This could have substantial economic implications.

    • ‼️ Political Power

      The bill grants significant new powers to the CMA, a non-ministerial government department, which could shift the balance of power in the regulation of digital markets.

    • ‼️ Human Rights

      The bill's provisions on consumer rights and protections could have implications for individual privacy and data rights in the digital sphere.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Strategic Market Status (SMS) Designation

    The bill introduces a new designation of "Strategic Market Status" (SMS) for certain digital activities. The Competition and Markets Authority (CMA) has the power to designate an undertaking as having SMS if the digital activity is linked to the UK and the undertaking meets certain conditions.

    Exemplar quote from bill: ...inistration and other matters in relation 5 to functions of the CMA under this Part. CHAPTER 2 STRATEGIC MARKET STATUS Power to designate undertaking as having SMS 2 Designation of undertaking 10 (1) ...The CMA may designate an undertaking as having strategic market status (“SMS”) in respect of a digital activity carried out by the undertaking where the CMA considers that— (a) the digital activity is linked to the United Kingdom (see section 4), and (b) the undertaking meets the SMS conditions in respect of the digital activity....ty. (2) The SMS conditions are that the undertaking has— (a) substantial and entrenched market power (see section 5), and (b) a position of strategic significance (see section 6), 20 in respect of the...
    • ‼️ Economic Impact

      This change could have significant economic implications, as it introduces a new regulatory status for digital activities. This could potentially affect large tech companies and their operations in the UK.

    • ‼️ Political Power

      This change could also have political implications, as it gives the CMA new powers to regulate digital activities.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Turnover Condition for SMS Designation

    The bill introduces a "turnover condition" for the designation of SMS. An undertaking can only be designated as having SMS if its global turnover exceeds £25 billion or its UK turnover exceeds £1 billion.

    Exemplar quote from bill: ...ate may by regulations amend this section so as to vary the conditions in subsection (1). (3) Regulations under subsection (2) are subject to the affirmative procedure. 5 7 The turnover condition (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. 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....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. 20 (5) The...
    • ‼️ Economic Impact

      This change could have significant economic implications, as it sets a high financial threshold for the designation of SMS. This could potentially affect large tech companies and their operations in the UK.

    • ‼️ Political Power

      This change could also have political implications, as it gives the CMA new powers to regulate digital activities based on their financial turnover.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Conduct requirements for designated undertakings

    The bill introduces conduct requirements for designated undertakings in digital markets. These requirements aim to ensure transparency, fair trading, effective complaint handling, clear and accessible information, and non-discriminatory practices. The bill also provides for the prevention of certain activities that could unfairly increase an undertaking's market power or restrict users' choices and interoperability with other products.

    Exemplar quote from bill: ... relevant digital activity are able to choose freely and easily between the services or digital content provided by the undertaking and services or digital content provided by other undertakings. (8) ...The trust and transparency objective is that users or potential users of the relevant digital activity have the information they require to enable them to— (a) understand the services or digital content provided by the undertaking 10 through the relevant digital activity, including the terms on which they are provided, and (b) make properly informed decisions about whether and how they interact with the undertaking in respect of the relevant digital activity.... (9) A conduct requirement must be of a permitted type (see section 20). 15 (10) A conduct requirement— (a) comes into force at a time determined by the CMA, and (b) ceases to have effect— (i) 20 in a...
    • ‼️ Economic Impact

      The proposed changes could significantly impact the operations of digital market undertakings, potentially leading to more competitive and transparent digital markets.

    • ‼️ Human Rights

      The changes could enhance users' rights in digital markets by ensuring they have access to clear and accurate information, fair trading terms, and effective complaint handling processes.

    • ‼️ Justice System

      The introduction of conduct requirements could lead to increased regulatory oversight and potential legal disputes related to compliance.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Pro-competition interventions

    The bill introduces the concept of Pro-competition Interventions (PCI), which the Competition and Markets Authority (CMA) can use to regulate competition in digital markets. The CMA can make a PCI if it believes that a factor or combination of factors is having an adverse effect on competition. A PCI can take the form of an order imposing requirements on a designated undertaking or recommendations made by the CMA to any person exercising functions of a public nature. The CMA can also begin a PCI investigation if it has reasonable grounds to believe that a factor or combination of factors relating to a relevant digital activity may be having an adverse effect on competition.

    Exemplar quote from bill: ...e effect on competition, and (b) making the PCI would be likely to contribute to, or otherwise be of use for the purpose of, remedying, mitigating or preventing the adverse effect on competition. (2) ...In considering whether to make a PCI, and the form and content of any PCI, the CMA may have regard to any benefits to UK users or UK customers that the CMA considers have resulted, or may be expected to result, from a factor or combination of factors that is having an adverse effect on competition....on. 24 Digital Markets, Competition and Consumers Bill Part 1—Digital Markets Chapter 4—Pro-competition interventions (3) A PCI may take the form of one or both of the following— (a) an order imposin...
    • ‼️ Economic Impact

      The introduction of PCIs could have a significant impact on the digital market, potentially leading to increased competition and better outcomes for consumers.

    • ‼️ Political Power

      The CMA is granted significant new powers to regulate competition in the digital market, which could have implications for the balance of power between the government and private companies.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: substitution

    Section 154 of EA 2002

    The bill proposes to substitute Section 154 of EA 2002 with a new section titled "Undertakings in lieu 154A Undertakings fully or partially in lieu of references or reports". This new section provides for the acceptance of undertakings in lieu of references or reports, either fully or partially.

    Exemplar quote from bill: ...tion (6A), for “154” substitute “154A”. 30 7 In section 150 (power of veto of Secretary of State), in subsection (A1) for “under section 154” substitute “in lieu of a reference under section 154A”. 8 ...For section 154 (and the italic heading immediately before it) substitute—“Undertakings in lieu 154A Undertakings fully or partially in lieu of references or reports...s 35 (1) This section applies where— (a) no market study notice has been published under section 130A but the CMA considers that it has the power to make Digital Markets, Competition and Consumers Bil...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 161B to 161E of the Digital Markets, Competition and Consumers Bill

    The bill introduces the concept of "implementation trials" where the Competition and Markets Authority (CMA) or the Secretary of State can accept undertakings or make orders on a trial basis to assess the effectiveness of remedial action. This provision applies to market investigation references, restricted PI references, and full PI references.

    Exemplar quote from bill: ...nforcement undertakings: Part 4) (inserted by paragraph 15 of Schedule 9) insert— “Implementation trials of final orders and undertakings 161B Implementation trials: purpose and interpretation 20 (1) ...This section and sections 161C to 161E make provision in relation to the acceptance of undertakings and making of orders by a relevant authority on a trial basis for the purpose of assessing the effectiveness of qualifying remedial action (and the acceptance of undertakings and making of orders on that basis is referred to in this Part as an “implementation trial”)....”). (2) In this section and in sections 161C to 161E “relevant authority” means the CMA or the Secretary of State. (3) In this Part— “implementation trial measure” means an undertaking accepted, 30 or...
    • ‼️ Economic Impact

      The introduction of implementation trials could have significant economic implications, potentially allowing for more effective and efficient remedial action in the digital markets sector.

    • ‼️ Justice System

      This change could impact the justice system by introducing a new mechanism for assessing the effectiveness of remedial action in competition law cases.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Before section 40A

    The insertion introduces a new section (40ZE) that allows the Competition and Markets Authority (CMA) to impose penalties on individuals who fail to comply with certain requirements, obstruct officers, destroy or conceal documents, or provide false or misleading information. The penalties can be imposed in accordance with section 40A.

    Exemplar quote from bill: ...c heading before section 40A substitute— “Civil sanctions: failure to comply with investigative requirements” 8 30 Before section 40A (but after the italic heading substituted by paragraph 7) insert— ...“40ZE Enforcement of requirements: imposition of penalties (1) The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that— (a) 35 the person has, without reasonable excuse, failed to comply with a requirement imposed on the person under section 26, 26A, 27, 28, 28A or 40ZD; (b) the person has, without reasonable excuse, obstructed an officer acting in the exercise of the officer’s powers under 250 Digital Markets, Competition and Consumers Bill Schedule 8—Civil penalties etc in connection with competition investigations Part 1—Investigations under Part 1 of CA 1998 (competition) section 27 or under a warrant issued under section 28 or 28A; (c) the person, having been required to produce a document 5 under section 26, 27, 28 or 28A, has, without reasonable excuse— (i) destroyed or otherwise disposed of, falsified or concealed the document, or (ii) caused or permitted the document’s destruction, disposal, falsification or concealment; (d) the person has, without reasonable excuse, provided 10 information that was false or misleading in a material particular to the CMA in connection with any function of the CMA under this Part; (e) 15 the person has, without reasonable excuse, provided information that was false or misleading in a material particular to another person knowing that the information was to be used for the purpose of providing information to the CMA in connection with any function of the CMA under this Part.... (2) But the CMA may not proceed against a person under this section 20 in relation to an act or omission which constitutes an offence under any of sections 42 to 44 if the person has, by reason of th...
    • ‼️ Justice System

      The insertion strengthens the enforcement powers of the CMA, which could lead to more effective regulation of competition in digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: amendment

    Section 40A (penalties: failure to comply with requirements)

    The amendment changes the heading of section 40A from "failure to comply with requirements" to "amount". It also replaces subsection (1) with a new provision that allows the CMA to determine the appropriate amount for a penalty imposed under section 40ZE(1). The amendment also introduces a new provision (subsection (2A)) that requires penalties imposed under section 40ZE(1)(b) to (e) to be a fixed amount. Furthermore, it modifies subsection (3) to specify that penalties imposed on a person who is not an undertaking must not exceed £30,000 or £15,000 per day.

    Exemplar quote from bill: ...cently published under section 40B of the 1998 Act at the time when the act or omission concerned occurred.”” 9 Section 40A (penalties: failure to comply with requirements) is amended as follows. (1) ...(2) In the heading, for “failure to comply with requirements” substitute 10 “amount”. (3) For subsection (1) substitute— “(1A) A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.” (4) In subsection (2), for the words before paragraph (a), substitute “A penalty 15 imposed under section 40ZE(1)(a) may be—”. (5) After subsection (2) insert— “(2A) A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.” (6) In subsection (3)— 20 (a) for the words before paragraph (a) substitute “A penalty imposed under section 40ZE(1) on a person who is not an undertaking must not—”; (b) 25 in paragraph (a), for “such amount as the Secretary of State may by order specify” substitute “£30,000”; (c) in paragraph (b), for “such amount per day as the Secretary of State may so specify” substitute “£15,000 per day”; (d) in paragraph (c) omit “as the Secretary of State may so specify”.... (7) After subsection (3) insert— “(3A) A penalty imposed under section 40ZE(1) on a person who is an 30 undertaking must not— (a) in the case of a fixed amount, exceed 1% of the turnover of the under...
    • ‼️ Justice System

      The amendment provides more clarity on the amount of penalties that can be imposed under section 40A, which could lead to more predictable outcomes for those subject to penalties.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: substitution

    Enterprise Act 2002, Section 94A

    The bill proposes to substitute section 94A of the Enterprise Act 2002 with a new section 94AA, which provides for the enforcement of undertakings and orders and the imposition of penalties.

    Exemplar quote from bill: ... CMA must have regard to the statement of policy which was 20 most recently published by it under section 94B at the time of the failure to comply with the undertaking or (as the case may be) order.” ...11 For section 94A substitute— “94AA Enforcement of undertakings and orders: imposition of penalties... (1) 25 The appropriate authority may impose a penalty on a person in accordance with section 94AB where the appropriate authority considers that a person has, without reasonable excuse, failed to com...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 167A and 167B

    The bill introduces new sections, 167A and 167B, which provide the relevant authority with the power to impose penalties on individuals who fail to comply with enforcement undertakings or orders, without a reasonable excuse. The amount of the penalty is to be determined by the relevant authority and can be a fixed amount, a daily rate, or a combination of both.

    Exemplar quote from bill: ...CMA must have regard to the statement of policy which was most recently published by it under section 167C at the time of the failure to comply with the undertaking or (as the case may be) order.” 17 ...After section 167 insert— “167A Enforcement of undertakings and orders: imposition of penalties... (1) The relevant authority may impose a penalty on a person in 35 accordance with section 167B where the relevant authority considers that a person has, without reasonable excuse, failed to comply wi...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: amendment

    Companies Act 1985 and Enterprise Act 2002

    The bill proposes amendments to the Companies Act 1985 and the Enterprise Act 2002, replacing references to these acts with references to the new Digital Markets, Competition and Consumers Act 2023.

    Exemplar quote from bill: ...corporated association;”. Digital Markets, Competition and Consumers Bill 329 Schedule 15—Investigatory powers SCHEDULE 16 Section 208 PART 3: MINOR AND CONSEQUENTIAL AMENDMENTS Companies Act 1985 1 ...(1) Schedule 15D to the Companies Act 1985 is amended as follows. (2) In paragraph 20— (a) for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of the Digital Markets, Competition and Consumers Act 2023”; (b) for “that Part” substitute “that Chapter”..... (3) 10 In paragraph 27 for “section 230(2) of the Enterprise Act 2002” substitute “section 164(2) of the Digital Markets, Competition and Consumers Act 2023”. Enterprise Act 2002 2 EA 2002 is amende...
    • ‼️ Economic Impact

      This change could have significant implications for companies, as it could change the legal framework under which they operate.

    • ‼️ Justice System

      This change could also have implications for the justice system, as it could change the laws that courts apply in cases involving digital markets and competition.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    SMS Investigations

    The bill allows the CMA to initiate an SMS investigation if it has reasonable grounds to believe that an undertaking could be designated as having SMS.

    Exemplar quote from bill: ...ecified in the regulations (including the matter mentioned in paragraph (a)). (6) Regulations under subsection (4) are subject to the negative procedure. Procedure 9 Initial SMS investigations 20 (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) 25 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 re...
    • ‼️ Economic Impact

      This change could have economic implications, as it introduces a new investigative process for the designation of SMS. This could potentially affect large tech companies and their operations in the UK.

    • ‼️ Political Power

      This change could also have political implications, as it gives the CMA new powers to investigate digital activities.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Strategic Market Status (SMS) investigations

    The bill introduces new procedures for the Competition and Markets Authority (CMA) to conduct Strategic Market Status (SMS) investigations. The CMA must provide revised versions of the SMS investigation notice if its view of the investigation's purpose and scope changes. The CMA must also publish a summary of the notice and provide a copy to various entities. The CMA can close an SMS investigation at any time before reaching a final view and must provide a notice to the undertaking under investigation, including the reasons for closing the investigation. This notice must also be published.

    Exemplar quote from bill: ...nded (see section 103). (3) The statement of the purpose and scope of the investigation must include a description of the undertaking and digital activities to which the investigation relates. (4) 30 ...The CMA must give the undertaking one or more revised versions of the SMS investigation notice if it changes its view of the purpose and scope of the investigation.... (5) As soon as reasonably practicable after giving an SMS investigation notice or a revised version of an SMS investigation notice, the CMA must— (a) publish a statement summarising the contents of t...
    • ‼️ Economic Impact

      The new procedures for SMS investigations could have significant implications for digital markets, potentially leading to increased scrutiny and regulation of dominant firms.

    • ‼️ Political Power

      The CMA is granted new powers to conduct and close SMS investigations, which could enhance its ability to regulate competition in digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 3—Conduct requirements

    The bill proposes that the Competition and Markets Authority (CMA) may release an undertaking from the requirement to comply with a commitment where it considers it appropriate. The cessation of a commitment does not affect the exercise of any functions in relation to a breach or possible breach of that commitment. Provisions are made for accepting or accepting a variation of a commitment, and releasing an undertaking from the requirement to comply with a commitment.

    Exemplar quote from bill: ...sed from the requirement to comply with the commitment. (6) 10 The CMA may by notice accept a variation to a commitment from time to time provided the commitment as varied would still be appropriate. ...(7) The CMA may release an undertaking from the requirement to comply with a commitment where it considers that it would be appropriate to do so.... (8) The fact that a commitment ceases to have effect does not affect the exercise of any functions in relation to a breach or possible breach of that commitment. (9) Schedule 1 makes provision about—...
    • ‼️ Economic Impact

      This change could potentially impact the economic landscape by providing the CMA with the power to release undertakings from commitments, which could affect market competition and business operations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 3—Conduct requirements

    The bill proposes a new power for the CMA to adopt a final offer mechanism in relation to a transaction between a designated undertaking and a third party. This mechanism would require the undertaking and invite the third party to submit to the CMA terms as to payment which they regard as fair and reasonable for the transaction.

    Exemplar quote from bill: ...iateness of taking further action in accordance with Chapter 7 (enforcement and appeals) in respect of an undertaking which does not comply with a commitment which it has given. Final offer mechanism ...38 Power to adopt final offer mechanism 30 (1) Where the CMA considers that the following three conditions are met in relation to a transaction between a designated undertaking and a third party, the CMA may— (a) require the undertaking, and (b) invite the third party, 35 to submit to the CMA terms as to payment (“final offer payment terms”) which the undertaking or, as the case may be, the third party regards as fair and reasonable for the transaction.... 20 Digital Markets, Competition and Consumers Bill Part 1—Digital Markets Chapter 3—Conduct requirements (2) The first condition is that the transaction is a transaction in which the designated unde...
    • ‼️ Economic Impact

      This change could potentially impact the economic landscape by providing the CMA with the power to adopt a final offer mechanism, which could affect market competition and business operations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 4—Pro-competition interventions

    The bill introduces a requirement for the Competition and Markets Authority (CMA) to review pro-competition orders, including replacement orders, to determine whether to revoke or replace them.

    Exemplar quote from bill: ...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. 54 Duty to review pro-competition orders etc (1) ...The CMA must carry out a review of a pro-competition order, including a replacement order, to determine whether to— (a) revoke it without making a replacement order, or (b) make a replacement order....er. (2) 20 Each time the CMA makes a pro-competition order, including a replacement order, it must identify a date by which it will carry out the review under subsection (1). (3) The CMA must secure t...
    • ‼️ Economic Impact

      This change could potentially impact the economic landscape by ensuring that pro-competition orders are regularly reviewed and updated as necessary, promoting a more competitive market environment.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 4—Pro-competition interventions

    The bill allows the CMA to accept commitments from designated undertakings regarding their conduct in relation to adverse effects on competition or detrimental effects on UK users or customers.

    Exemplar quote from bill: ...r 25 is complying with it; (c) whether to take action in accordance with Chapter 7 (enforcement and appeals) in respect of any undertaking that breaches a pro-competition order. 55 Commitments 30 (1) ...The CMA may accept an appropriate commitment from a designated undertaking as to its conduct in respect of an adverse effect on competition or a detrimental effect on UK users or UK customers that the CMA considers has resulted, or may be expected to result, from an adverse effect on competition....on. (2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would contribute to or otherwise be of use in remedying, mitigating or preventing— (a...
    • ‼️ Economic Impact

      This change could potentially impact the economic landscape by allowing the CMA to directly influence the conduct of designated undertakings, promoting a more competitive market environment.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 5—Mergers

    The bill introduces a requirement for relevant persons to report certain events, referred to as "reportable events", to the CMA before they take place.

    Exemplar quote from bill: ...6; (b) section 37. 35 30 Digital Markets, Competition and Consumers Bill Part 1—Digital Markets Chapter 4—Pro-competition interventions CHAPTER 5 MERGERS 56 Duty to report possible mergers etc (1) 5 ...A relevant person (in this Chapter, “P”) must report an event to which subsection (2) or (3) applies (a “reportable event”) to the CMA before the event takes place.... (2) This subsection applies to an event where— (a) the event results in P having qualifying status (see section 57) in respect 10 of shares or voting rights in relation to a UK-connected body corpora...
    • ‼️ Economic Impact

      This change could potentially impact the economic landscape by ensuring that the CMA is informed of significant events before they occur, allowing it to take appropriate action to maintain a competitive market environment.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulation of Mergers in Digital Markets

    The Secretary of State is given the power to make further regulations about how the value of consideration, capital, or assets is to be calculated for the purposes of this Chapter. The Secretary of State must consult the CMA before making these regulations, and these regulations are subject to the negative procedure.

    Exemplar quote from bill: ...“consideration” are to fees, remuneration, assets 20 of any description, liabilities assumed and any other kind of consideration, however provided, and include conditional and deferred consideration. ...(3) The Secretary of State may by regulations make further provision about how the value of— (a) consideration, (b) capital, or (c) assets, 25 is to be calculated for the purposes of this Chapter.... (4) The Secretary of State must consult the CMA before making regulations under subsection (3). (5) Regulations under subsection (3) are subject to the negative procedure. 59 Content of report etc 30...
    • ‼️ Economic Impact

      This change could have significant implications for the digital market, potentially affecting the valuation of digital assets and companies. This could impact the economic landscape of the digital market.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulation of Mergers in Digital Markets

    The CMA is required to make provision setting out the information which a report for the purposes of section 56(1) must contain and the form in which such a report must be made. The notice may not require a report to contain information other than information which the CMA considers necessary to allow it to determine whether to begin an investigation or make an initial enforcement order in relation to a reportable event.

    Exemplar quote from bill: ...(4) The Secretary of State must consult the CMA before making regulations under subsection (3). (5) Regulations under subsection (3) are subject to the negative procedure. 59 Content of report etc 30 ...(1) The CMA must by notice make provision setting out— (a) the information which a report for the purposes of section 56(1) must contain; (b) the form in which such a report must be made.... (2) The notice may not require a report to contain information other than 35 information which the CMA considers necessary to allow it to determine whether to— (a) begin an investigation for the purp...
    • ‼️ Economic Impact

      This change could have significant implications for the digital market, potentially affecting the process of reporting and investigating mergers. This could impact the economic landscape of the digital market.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulation of Mergers in Digital Markets

    Two or more persons may comply with the duty in section 56(1) by making a joint report to the CMA. For the purposes of this Chapter, where a designated undertaking is part of a group, anything which a member of a group does or fails to do is to be treated as being done or not done by each member of the group. Each member of a group is to be treated as providing the combined consideration provided by all members of the group and holding the combined interests or rights of all members of the group.

    Exemplar quote from bill: ...A must consult— (a) the Secretary of State, and (b) such other persons as it considers appropriate, before making or replacing a notice under this section. 60 Application of the duty to report etc 10 ...(1) Two or more persons may comply with the duty in section 56(1) by making a joint report to the CMA.... (2) For the purposes of this Chapter, where a designated undertaking is part of a group— (a) anything which a member of a group does or fails to do is to be treated 15 as being done or not done by ea...
    • ‼️ Economic Impact

      This change could have significant implications for the digital market, potentially affecting the process of reporting and investigating mergers. This could impact the economic landscape of the digital market.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 74: Power to enter premises under a warrant

    The bill proposes a new power for the Competition and Markets Authority (CMA) to apply for a warrant to enter premises for a breach investigation if there are reasonable grounds for suspicion. This power is applicable if other digital markets investigation powers have not yielded the necessary information or if there are reasonable grounds to suspect that no other power would yield the necessary information.

    Exemplar quote from bill: ...han— 20 (a) a Saturday or a Sunday, or (b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971. 74 Power to enter premises under a warrant ...(1) On an application made to it by the CMA for the purposes of a breach investigation, the court or the Tribunal may issue a warrant if it is satisfied that— (a) there are reasonable grounds for suspecting that there is information on or accessible from any premises which is relevant to the breach investigation (“information of the relevant kind”), and (b) one or both of the following applies— (i) the exercise by the CMA of another digital markets investigation power has not resulted in the CMA being given the information of the relevant kind; (ii) there are reasonable grounds for suspecting that there is no other digital markets investigation power the exercise of which would result in the CMA being given the information of the relevant kind....ant kind. (2) 40 A warrant under this section authorises a named officer of the CMA (“the authorised officer”), and any other of the CMA’s officers whom the CMA has authorised in writing to accompany ...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 74: Power to enter premises under a warrant

    The bill proposes a new power for the CMA to enter premises under a warrant, use necessary force, bring equipment, search for and operate equipment to produce information, require assistance from people on the premises, take copies or possession of relevant information, and take steps to preserve information or prevent interference with it.

    Exemplar quote from bill: ... are reasonable grounds for suspecting that there is no 35 other digital markets investigation power the exercise of which would result in the CMA being given the information of the relevant kind. (2)...(2) A warrant under this section authorises a named officer of the CMA (“the authorised officer”), and any other of the CMA’s officers whom the CMA has authorised in writing to accompany the authorised officer, to— (a) enter the premises specified in the warrant, using such force as is reasonably necessary; (b) take onto the premises such equipment as appears to the authorised officer to be necessary; (c) search the premises for information appearing to be information of the relevant kind; (d) operate any equipment found on the premises for the purpose of producing information; (e) require any person on the premises to provide such assistance as the authorised officer may reasonably require (including providing passwords or encryption keys and operating equipment on the premises); (f) require any person on the premises to give information to the authorised officer; (g) require any person on the premises to state, to the best of their knowledge and belief, where information appearing to be of the relevant kind may be found; (h) take copies of, or extracts from, any information appearing to be information of the relevant kind; (i) take possession of any information appearing to be information of the relevant kind that is produced under paragraph (d) or given to the authorised officer under paragraph (f); (j) take possession of any other information appearing to be information of the relevant kind if— (i) such action appears to be necessary for preserving the information or preventing interference with it, or (ii) it is not reasonably practicable to take copies of the information on the premises; (k) take any other steps which appear to be necessary for the purpose of preserving any information appearing to be information of the relevant kind or preventing interference with it....ear to be necessary for the purpose of preserving any information appearing to be information of the relevant kind or preventing interference with it. (3) Any information which is given to an investig...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 78

    The bill proposes that a skilled person can be appointed by an entity (U) only with the approval of the CMA. This skilled person will have access to necessary resources to prepare a report. However, the duty to provide access does not extend to premises, equipment, or individuals outside the UK, but it does include access to information and services whether stored or provided within or outside the UK.

    Exemplar quote from bill: ...e the CMA with a report in such form as may be specified in the notice; (b) specifying the relevant matters to be explored in the report; (c) specifying the date by which the report must be provided. ...(6) Where the skilled person is to be appointed by U, U may not make an 30 appointment unless the CMA has approved in writing— (a) the identity of the skilled person, and (b) the terms on which they will be appointed, including in relation to their remuneration and expenses.... (7) Subsections (8) to (10) apply in relation to an amount due to a skilled person 35 from U under this section. (8) In England and Wales, such an amount is recoverable— (a) if the county court so or...
    • ‼️ Economic Impact

      This change could potentially increase the oversight and regulation of entities, potentially impacting their operations and costs.

    • ‼️ Justice System

      This change could potentially increase the accountability and transparency of entities, potentially impacting legal processes and outcomes.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Penalties for non-compliance with conduct requirements and investigative requirements

    The bill introduces penalties for undertakings and individuals who fail to comply with conduct requirements or investigative requirements, or who provide false or misleading information in connection with any function of the CMA under this Part.

    Exemplar quote from bill: ...ed in reliance on section 41), (c) a requirement imposed by virtue of a pro-competition order under section 45, and (d) the requirement to comply with a commitment given under section 5 36 or 55. (3) ...The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19.... (4) The CMA may impose a penalty on an undertaking or, where the undertaking 10 is part of a group, the group, where the CMA considers that the undertaking or any member of the group has, without rea...
    • ‼️ Justice System

      This change could potentially increase accountability and compliance within the digital markets, as it introduces penalties for non-compliance and for providing false or misleading information.

    • ‼️ Economic Impact

      The imposition of penalties could have financial implications for undertakings and individuals who fail to comply with the requirements.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Amount of penalties

    The bill sets out the amounts for penalties that can be imposed on a person under sections 84 and 86. The amount is to be determined by the CMA, provided it does not exceed the amounts set out in the respective subsections.

    Exemplar quote from bill: ...excuse, obstructed an officer of the CMA acting in the exercise of the officer’s powers under— (a) section 73, or (b) a warrant issued under section 74. 30 87 Amount of penalties under section 86 (1) ...The amount of a penalty imposed on a person under section 84 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in subsection (4).... and (6). (2) The amount of a penalty under section 86 must be— 35 (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calcu...
    • ‼️ Justice System

      This change provides a clear framework for the imposition of penalties, which could potentially increase fairness and transparency in the enforcement of the Act.

    • ‼️ Economic Impact

      The imposition of penalties could have financial implications for undertakings and individuals who fail to comply with the requirements.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Monetary penalties: criminal proceedings and convictions

    The bill proposes that the Competition and Markets Authority (CMA) cannot impose a penalty on a person for an act or omission that constitutes an offence under sections 92, 93, or 94 if the person has already been found guilty of that offence. Similarly, a person cannot be found guilty of an offence under these sections if they have already paid a penalty for that act or omission.

    Exemplar quote from bill: ... act or omission giving rise to the penalty when deciding — (a) whether to impose the penalty, and 20 (b) if so, the amount of the penalty. 91 Monetary penalties: criminal proceedings and convictions ...(1) The CMA may not impose a penalty on a person under section 86 in relation 25 to an act or omission which constitutes an offence under section 92, 93 or 94 if the person has, in relation to that act or omission, been found guilty of that offence. (2) A person may not be found guilty of an offence under section 92, 93 or 94 by virtue of an act or omission if the person has paid a penalty imposed under section 86 in relation to that act or omission.... Offences 30 92 Destroying or falsifying information (1) A person (“P”) commits an offence if, having been required to give information to the CMA or any other person under a provision of Chapter 6, P...
    • ‼️ Justice System

      This change could potentially streamline the legal process by preventing double punishment for the same offence.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulatory coordination and information sharing

    The bill proposes that the CMA must consult with the FCA when proposing to exercise a regulatory function in the digital markets where both the CMA and FCA may have concurrent functions. Similar provisions are made for consultation with OFCOM, the Information Commissioner, the Bank of England, and the PRA.

    Exemplar quote from bill: ...ducts activities. (10) This section does not limit other lawful means of giving a notice under this Part. Regulatory coordination and information sharing 107 Coordination with relevant regulators (1) ...The CMA must consult the FCA on a proposal to exercise a regulatory digital markets function in respect of a matter where the CMA considers the matter is a matter in relation to which the CMA and the FCA may have concurrent functions....ns (see sections 234I (functions under Part 4 of EA 2002) and 234J 15 (functions under CA 1998) of the Financial Services and Markets Act 2000 (as amended by this Act) (“FSMA”)). (2) The CMA must cons...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power to charge levy

    The bill proposes that the CMA may require an undertaking to pay a levy for a chargeable year during which the undertaking is a designated undertaking. The amount of the levy will be calculated according to rules made by the CMA.

    Exemplar quote from bill: ... on 5 disclosure of information), in subsection (5), after paragraph (r) insert— “(s) Part 1 of the Digital Markets, Competition and Consumers Act 2023.” Miscellaneous 110 Power to charge levy 10 (1) ...The CMA may require an undertaking to pay it a levy in respect of a chargeable year during the whole or part of which the undertaking is a designated undertaking.... (2) 15 The amount of the levy is to be calculated in accordance with rules made for the purposes of this section by the CMA (“the levy rules”). (3) The CMA may amend or replace the levy rules. (4) Th...
    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Levy rules for the CMA's digital markets functions

    The bill proposes new rules for levies related to the Competition and Markets Authority's (CMA) digital markets functions. These rules include provisions for calculating and dividing the aggregate amount payable, estimating and calculating the CMA's costs, and administering the levy. The rules also provide for the repayment or crediting of any amounts of levy paid in excess of the CMA’s actual costs.

    Exemplar quote from bill: ...aking. (2) 15 The amount of the levy is to be calculated in accordance with rules made for the purposes of this section by the CMA (“the levy rules”). (3) The CMA may amend or replace the levy rules. ...(4) The levy rules must— (a) secure that the aggregate amount payable in respect of a chargeable year is not to exceed the costs which the CMA incurs in exercising its digital markets functions during that year; (b) make provision about how the aggregate amount payable in respect of a chargeable year is to be divided between the undertakings which are designated undertakings for the whole or part of that year; (c) secure that where an undertaking is a designated undertaking for only part of a chargeable year, the amount of the levy payable by that undertaking in respect of that chargeable year is proportionately reduced; (d) set out how the CMA is to estimate the costs which it expects to incur in exercising its digital markets functions during a chargeable year; (e) set out how the CMA is to calculate the costs which it actually incurs in exercising its digital markets functions during a chargeable year; (f) make provision about the repayment or crediting of any amounts of levy paid in respect of a chargeable year on the basis of the CMA’s estimate of the costs it would incur in exercising its digital markets functions during that year where the CMA’s estimated costs exceed the CMA’s actual costs of exercising those functions during that year; (g) secure that any repayment or crediting in respect of a chargeable year in accordance with provision made under paragraph (f), so far as relating to an undertaking, is in proportion to the amount paid by that undertaking in respect of that year; (h) make provision about the charging of amounts of levy in respect of a chargeable year where the CMA’s actual costs of exercising its digital markets functions during that year exceed the costs which the CMA estimated it would incur; (i) secure that, where an undertaking is required to pay an amount of levy in respect of a chargeable year in accordance with provision made under paragraph (h), the amount which the undertaking is required to pay is in proportion to the amount already paid by the undertaking in respect of that year; (j) make provision about the administration of the levy....amount already paid by the undertaking in respect of that year; (j) make provision about the administration of the levy. 10 (5) The CMA must consult such persons as it considers appropriate before mak...
    • ‼️ Economic Impact

      The proposed changes could have significant economic implications for digital market undertakings, as they will be required to pay levies to cover the CMA's costs. The rules also provide for a fair distribution of costs and ensure that overpayments are credited or repaid.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Chapter 1 of Part 1 of CA 1998 (agreements), section 2

    The bill proposes an amendment to section 2 of Chapter 1 of Part 1 of CA 1998, which deals with agreements that prevent, restrict or distort competition. The amendment expands the scope of the prohibition to include not only agreements implemented or intended to be implemented in the UK but also those that are likely to have an immediate, substantial and foreseeable effect on trade within the UK. The bill also proposes the removal of subsection (3).

    Exemplar quote from bill: ... works for the undertaking in any other capacity. PART 2 COMPETITION CHAPTER 1 15 ANTI-TRUST The Chapter 1 prohibition 117 Removal of requirement for agreements etc to be implemented in the UK (1) 20 ...In Chapter 1 of Part 1 of CA 1998 (agreements), section 2 (agreements etc preventing, restricting or distorting competition) is amended as follows.... (2) For subsection (1) substitute— “(1) Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their 25 object or effect...
    • ‼️ Economic Impact

      This amendment could potentially have a significant impact on businesses operating in the UK, particularly those involved in international trade. It could lead to increased scrutiny of their agreements and practices, and potentially result in penalties for non-compliance.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 162A(8) of the Competition Act 1998

    The bill proposes that the Competition and Markets Authority (CMA) must provide advice to the Secretary of State on various enforcement undertakings and orders. This includes advice on possible variations, releases, new undertakings, and revocations.

    Exemplar quote from bill: ...ago, and (c) the CMA concludes, as a result of a review under subsection (1), that action taken in accordance with that section has been ineffective for the purposes mentioned in that section. (8) 20 ...The CMA must give the Secretary of State such advice as it considers appropriate for the purposes mentioned in section 142(2) or 147A(2) (as the case may be) in relation to— (a) any possible variation or release by the Secretary of State of an enforcement undertaking accepted by the Secretary of State; (b) any possible new enforcement undertaking to be accepted by the Secretary of State under that section so as to supersede another enforcement undertaking given to the Secretary of State; (c) any possible variation or revocation by the Secretary of State of an enforcement order made by the Secretary of State; (d) any possible enforcement undertaking to be accepted by the Secretary of State instead of an enforcement order, or any possible enforcement order to be made by the Secretary of State instead of an enforcement undertaking accepted under that section....ction.” (5) Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: 35 supplementary) is amended as follows. (6) In section 169 (certain duties of relevant authorities to consult: Pa...
    • ‼️ Political Power

      This change could potentially increase the power of the Secretary of State by providing them with advice from the CMA on enforcement undertakings and orders.

    • ‼️ Justice System

      This change could potentially affect the enforcement of competition law by providing the Secretary of State with advice on enforcement undertakings and orders.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 2—Relevant infringements

    The bill proposes a change in the definition of "trader" and "consumer". A trader can be a person acting personally or through another person acting in their name or on their behalf. The purposes relating to the trader's business do not have to be the only or main purposes for which the person is acting. The definition of consumers now includes persons who may become consumers in the future. The collective interests of consumers can be harmed by a single act or omission, as well as by repeated acts or omissions.

    Exemplar quote from bill: ...e promotion or supply in question, or (b) before or after that time. 88 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 2—Relevant infringements ...(4) It is immaterial for the purposes of the definition of “trader” in subsection (2)— (a) in relation to paragraph (a) of that definition, whether P is acting 5 personally or through another person acting in P’s name or on P’s behalf; (b) in relation to paragraph (b) of that definition, whether or not the purposes relating to P’s business are the only or main purposes for which the person is acting. (5) For the purposes of this Part— (a) references to consumers includes persons who may become consumers 10 in the future; (b) the collective interests of consumers are capable of being harmed by a single act or omission (as well as by repeated acts or omissions).... 142 The UK connection condition (1) A commercial practice meets the UK connection condition for the purposes 15 of section 141 if at least one of the following conditions is met— (a) the trader has a...
    • ‼️ Economic Impact

      This change could potentially have a significant impact on the digital market, as it broadens the definition of traders and consumers, potentially leading to more stringent regulations and protections for consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consultation requirements before enforcement order application

    The bill introduces a requirement for enforcers to engage in appropriate consultation with the respondent before making an application for an enforcement order or an interim enforcement order. The purpose of this consultation is to achieve the cessation of a relevant infringement, ensure there is no repetition of a relevant infringement, ensure that a relevant infringement does not take place, and make the respondent aware that an application for an enforcement order may include an application for the respondent to pay a monetary penalty.

    Exemplar quote from bill: ...rawn. (6) The CMA must take such steps as it considers appropriate to bring a direction (or its variation or withdrawal) to the attention of enforcers likely to be affected by it. 148 Consultation 20 ...(1) Before making an application for an enforcement order or an interim enforcement order, an enforcer must (subject to subsection (5)) engage in appropriate consultation with the person in respect of whom the order would be made (“the respondent”).... (2) Consultation is “appropriate consultation” for the purposes of subsection (1) 25 if it is carried out for the purposes of— (a) achieving the cessation of a relevant infringement (in a case where ...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement orders and undertakings

    The bill introduces provisions for enforcement orders and undertakings. If the court finds that the respondent has engaged, is engaging, or is likely to engage in a commercial practice which constitutes a relevant infringement, or is an accessory to the infringing practice, the court may make an enforcement order against the respondent or accept an undertaking from the respondent.

    Exemplar quote from bill: ...isation established to represent 30 the interests of two or more businesses in a particular sector or area. Powers of court on application under section 146 149 Enforcement orders and undertakings (1)...(1) This section applies if, on an application under section 146 for an enforcement order, the court finds that the person in respect of whom the application is made (“the respondent”)— (a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or (b) is an accessory to the infringing practice.... 40 94 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 3—Consumer protection orders and undertakings (2) The court may— (a) make an enforcement o...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement orders: requirement to pay monetary penalty

    The bill introduces a provision for the court to include a requirement for the respondent to pay a monetary penalty in an enforcement order. The amount of the monetary penalty must be a fixed amount not exceeding £300,000 or, if higher, 10% of the total value of the turnover of the respondent.

    Exemplar quote from bill: ...ng given under section 149(5). (9) References in this Part to “enhanced consumer measures” are to be read in accordance with section 214. 151 Enforcement orders: requirement to pay monetary penalty 5 ...(1) This section applies where the court makes an enforcement order against the respondent on an application made by a public designated enforcer.... (2) The order may, subject to subsection (3), include a requirement for the respondent to pay a monetary penalty. (3) In the case of a respondent within section 149(1)(a), a requirement to pay a 10 m...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Interim enforcement orders and undertakings

    The bill introduces a provision for interim enforcement orders and undertakings. This applies if a person is alleged to have engaged, is engaging, or is likely to engage in a commercial practice that constitutes a relevant infringement, or is an accessory to the infringing practice. The court can make an interim enforcement order if it appears that an enforcement order would likely be granted and it is expedient to immediately prohibit or prevent the infringing practice.

    Exemplar quote from bill: ... penalty by virtue of this section may appeal in respect of— (a) the decision to impose the penalty, or (b) the nature or amount of the penalty. 152 Interim enforcement orders and undertakings 30 (1) ...This section applies if— (a) it is alleged in an application under section 146 for an interim enforcement order that a person (“the respondent”)— (i) 35 has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or (ii) is an accessory to the infringing practice, (b) it appears to the court that if the application had been an application for an enforcement order it would be likely to be granted, and (c) the court considers it is expedient that the infringing practice is prohibited or prevented immediately....onsumer protection orders and undertakings (c) the court considers it is expedient that the infringing practice is prohibited or prevented immediately. (2) The court may— (a) make an interim enforcem...
    • ‼️ Justice System

      This change could potentially expedite the process of halting infringing practices, thereby enhancing the efficiency of the justice system.

    • ‼️ Economic Impact

      This could have an impact on businesses engaging in commercial practices that are deemed to be infringing, potentially leading to economic consequences for those businesses.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Online interface orders and interim online interface orders

    The bill introduces a provision for the Competition and Markets Authority (CMA) to apply for an online interface order or an interim online interface order if it considers that a person has engaged, is engaging, or is likely to engage in a commercial practice that constitutes a relevant infringement.

    Exemplar quote from bill: ...nd Consumers Bill Part 3—Enforcement of consumer protection law Chapter 3—Consumer protection orders and undertakings Online interface orders and interim online interface orders 153 Applications (1) ...The CMA may apply to the appropriate court for an online interface order, 5 or an interim online interface order, if the CMA considers that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement.... (2) An application for an online interface order, or an interim online interface order, may be made in respect of— (a) 10 the person that the CMA considers has engaged, is engaging or is likely to en...
    • ‼️ Justice System

      This change could potentially expedite the process of halting infringing practices in the digital space, thereby enhancing the efficiency of the justice system.

    • ‼️ Economic Impact

      This could have an impact on businesses engaging in commercial practices that are deemed to be infringing, potentially leading to economic consequences for those businesses.

    • ‼️ Digital Privacy

      This could potentially impact digital privacy, depending on the nature of the infringing practices and the measures taken to halt them.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement of consumer protection law

    The bill proposes that an enforcer may accept an undertaking from a respondent to cease or not engage in infringing practices. The enforcer may also publish the undertaking, accept variations of the undertaking, and must keep a record of accepted undertakings and reviews of their effectiveness.

    Exemplar quote from bill: ...s engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or (b) is an accessory to the infringing practice. 30 (2) ...The enforcer may accept an undertaking from the respondent to do one or more of the following—... (a) in the case of a respondent within subsection (1)(a), not to continue 35 or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice); (...
    • ‼️ Justice System

      This change could potentially improve the enforcement of consumer protection laws by allowing enforcers to accept undertakings from respondents, thereby providing a mechanism for respondents to cease infringing practices.

    • ‼️ Economic Impact

      This could potentially have economic implications for businesses that are respondents, as they may need to change their practices to comply with undertakings.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement of consumer protection law

    The bill proposes that an undertaking may include a requirement for the respondent to take enhanced consumer measures that the enforcer deems just and reasonable. The undertaking may also require the respondent to provide information or documents to the enforcer to determine if the respondent is taking those measures.

    Exemplar quote from bill: ...for the purposes of subsection (1) whether an enforcer could make an application under section 146, section 162 is to be ignored. 157 Undertakings under section 156: enhanced consumer measures (1) 30 ...An undertaking under section 156(2) may include a requirement to take such enhanced consumer measures as the enforcer accepting the undertaking considers just and reasonable.... (2) For this purpose, the enforcer must in particular consider whether any proposed enhanced consumer measures are proportionate having regard to— (a) the likely benefit of the measures to consumers,...
    • ‼️ Justice System

      This change could potentially improve the enforcement of consumer protection laws by allowing enforcers to require respondents to take enhanced consumer measures as part of an undertaking.

    • ‼️ Economic Impact

      This could potentially have economic implications for businesses that are respondents, as they may need to implement enhanced consumer measures to comply with undertakings.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement of consumer protection law

    The bill proposes that if a court finds that an undertaking is not being complied with, the court may make a consumer protection order or require the respondent to pay a monetary penalty.

    Exemplar quote from bill: ...rcer other than a private designated enforcer. 10 (4) An application to the court in respect of a failure to comply with an undertaking may include an application for a consumer protection order. (5) ...If on an application under this section the court finds that an undertaking is not being complied with, the court may do either or both of the following— make a consumer protection order (instead of making any other order it has power to make); make an order requiring the respondent to pay a monetary penalty....ry penalty. (6) Where an application is made under subsection (4) for an enforcement order or an interim enforcement order— (a) sections 147 (directions by CMA) and 148 (consultation) do not apply; 20...
    • ‼️ Justice System

      This change could potentially improve the enforcement of consumer protection laws by allowing courts to make consumer protection orders or impose monetary penalties if an undertaking is not being complied with.

    • ‼️ Economic Impact

      This could potentially have economic implications for businesses that are respondents, as they may face monetary penalties for non-compliance with undertakings.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Monetary penalties under sections 159 and 160: amount

    The bill proposes a new framework for monetary penalties under sections 159 and 160. The penalty can be a fixed amount, an amount calculated by a daily rate, or a combination of both. The penalty must not exceed £150,000 or 5% of the total value of the turnover of the respondent for a fixed amount, £15,000 or 5% of the total value of the daily turnover of the respondent for an amount calculated by a daily rate, and a fixed amount and an amount per day for a combination of both.

    Exemplar quote from bill: ... finds that the respondent has, without reasonable 25 excuse, failed to comply with the notice, the court may make an order that requires the respondent to pay a monetary penalty to the enforcer. (4) ...The amount of the penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate....te. (5) The penalty must not exceed— (a) in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent; (b) in the case of an amount calculated...
    • ‼️ Economic Impact

      This change could have a significant economic impact on businesses that are found to be in violation of the regulations outlined in sections 159 and 160. The penalties could potentially be quite large, particularly for businesses with high turnover.

    • ‼️ Justice System

      This change could also impact the justice system by providing a clear framework for determining monetary penalties in these cases.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Notification requirements: applications

    The bill proposes a new requirement for enforcers to notify the CMA before making an application for an enforcement order or an interim enforcement order. The enforcer can only proceed with the application after a minimum period has expired or if the CMA has given its consent.

    Exemplar quote from bill: ...ng that the respondent has failed to comply with are complied with. Notification of CMA 162 Notification requirements: applications 20 (1) This section applies to an enforcer that is not the CMA. (2) ...Before making an application for an enforcement order or an interim enforcement order the enforcer— (a) must by notice inform the CMA of its intention to do so, and (b) may only proceed to make the application after expiry of the minimum 25 period or, if sooner, after the CMA has by notice informed the enforcer that it consents to the making of the application.... (3) The “minimum period” is— (a) 30 in the case of an enforcement order, 14 days beginning with the day on which the notice under subsection (2)(a) is given; (b) in the case of an interim enforcement...
    • ‼️ Justice System

      This change could impact the justice system by adding a new step to the process of applying for enforcement orders and interim enforcement orders. This could potentially slow down the process, but it could also ensure that the CMA is kept informed of all such applications.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Appropriate court

    The bill proposes a new framework for determining the appropriate court for an application for a consumer protection order against a respondent in connection with a relevant infringement. The appropriate court is determined based on where the respondent has a place of business or carries on business.

    Exemplar quote from bill: ... determining the appropriate court in relation to an application for, or the making of, a consumer protection order against a person (“the respondent”) in connection with a relevant infringement. (2) ...If the respondent has a place of business in, or carries on business in, a part 10 of the United Kingdom, the appropriate court is— (a) the High Court or the county court in England and Wales, if the respondent carries on business in England and Wales or has a place of business in England and Wales; (b) the High Court or a county court in Northern Ireland, if the respondent 15 carries on business in Northern Ireland or has a place of business in Northern Ireland; (c) the Court of Session or the sheriff, if the respondent carries on business in Scotland or has a place of business in Scotland.... (3) If the respondent does not have a place of business in, and does not carry on 20 business in, any part of the United Kingdom, the appropriate court is— (a) the High Court or the county court in E...
    • ‼️ Justice System

      This change could impact the justice system by providing a clear framework for determining the appropriate court in these cases. This could potentially streamline the process and ensure that cases are heard in the most appropriate venue.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enhanced consumer measures: private designated enforcers

    The bill introduces a new provision for the application of enhanced consumer measures by private designated enforcers. These measures can only be applied if the private enforcer is specified in regulations made by the Secretary of State and if the measures do not directly benefit the enforcer or an associated undertaking.

    Exemplar quote from bill: ... must be given to any other member of the respondent’s group in relation to which the requirements imposed by the order are to be binding. 170 Enhanced consumer measures: private designated enforcers ...(1) This section applies where— (a) an enforcement order is made on the application of a private designated enforcer, (b) an undertaking is given under section 149 on an application for an enforcement order made by a private designated enforcer, or (c) an undertaking is given under section 156 to a private designated enforcer. (2) The enforcement order or undertaking may include a requirement for the taking of any enhanced consumer measures only if both of the following conditions are met. (3) The first condition is that the private designated enforcer is specified for the purposes of this section in regulations made by the Secretary of State. (4) The second condition is that the enhanced consumer measures do not directly benefit the private designated enforcer or an associated undertaking....ertaking. (5) Enhanced consumer measures directly benefiting an enforcer or an associated undertaking include (for example) measures which— 110 Digital Markets, Competition and Consumers Bill Part 3—E...
    • ‼️ Consumer Rights

      This change could potentially increase the protection of consumer rights by allowing private designated enforcers to apply enhanced consumer measures. However, it also introduces a potential conflict of interest by allowing private entities to enforce consumer protection laws.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Final infringement notice

    The bill introduces the concept of a "final infringement notice" that the Competition and Markets Authority (CMA) can issue to a respondent. The decision to issue such a notice will take into account whether the respondent has previously given an undertaking in respect of the acts or omissions in question. The notice can require the respondent to comply with certain directions or pay a monetary penalty.

    Exemplar quote from bill: ...fied that— (i) the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement, or (ii) the respondent is an accessory to such a practice. ...(2) The CMA may give to the respondent a notice under this section (a “final 40 infringement notice”).... 114 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA (3) In deciding whether to give a final infringement noti...
    • ‼️ Justice System

      The introduction of a "final infringement notice" could significantly impact the enforcement of competition and consumer protection laws, providing the CMA with a new tool to ensure compliance.

    • ‼️ Economic Impact

      The potential for monetary penalties could have financial implications for businesses found to be in violation of competition and consumer protection laws.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Online interface notices

    The bill introduces the concept of an "online interface notice" that the CMA can issue if it is satisfied that a person has engaged, is engaging, or is likely to engage in a commercial practice that constitutes a relevant infringement. The notice can require the person to take certain actions, such as removing or modifying content on an online interface, disabling or restricting access to an online interface, displaying a warning to consumers, or deleting a domain name.

    Exemplar quote from bill: ...waiver of the right to bring civil proceedings in respect of conduct other than conduct which has given rise to the final infringement notice. Online interface notices 177 Online interface notices (1)...(1) This section applies where the CMA is satisfied that a person has engaged, is engaging or is likely to engage in a commercial practice that constitutes a relevant infringement.... (2) The CMA may give a notice under this section (an “online interface notice”) to— (a) 30 the person that the CMA is satisfied has engaged, is engaging or is likely to engage in the commercial pract...
    • ‼️ Justice System

      The introduction of "online interface notices" could significantly impact the enforcement of competition and consumer protection laws in the digital space, providing the CMA with a new tool to ensure compliance.

    • ‼️ Digital Privacy

      The ability for the CMA to require changes to online interfaces could have implications for digital privacy, depending on the nature of the required changes.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Undertakings

    The bill introduces the concept of an "undertaking" that the CMA can accept from a person whom it believes has engaged, is engaging, or is likely to engage in a commercial practice that constitutes a relevant infringement, or is an accessory to such a practice. This applies when the CMA has started an investigation that is continuing and has not yet issued a final infringement notice or an online interface notice.

    Exemplar quote from bill: ...or another person supplies. Digital Markets, Competition and Consumers Bill 117 Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA Undertakings 178 Undertakings ...(1) This section applies where the CMA— (a) has started an investigation under section 173 which is continuing, and (b) has not given a final infringement notice or an online interface notice in relation to the matter under investigation....n. (2) The CMA may accept an undertaking under this section in connection with that matter from any person whom the CMA believes— (a) has engaged, is engaging or is likely to engage in a commercial pr...
    • ‼️ Justice System

      The introduction of "undertakings" could significantly impact the enforcement of competition and consumer protection laws, providing the CMA with a new tool to ensure compliance.

    • ‼️ Economic Impact

      The potential for undertakings could have financial implications for businesses found to be in violation of competition and consumer protection laws, depending on the nature of the undertaking.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 4—Direct enforcement powers of CMA

    The bill introduces the concept of an "enforcement direction" which can be given in a final infringement notice, an online interface notice, or a final breach of undertakings enforcement notice. The CMA can give a final breach of directions enforcement notice if a respondent fails to comply with an enforcement direction. This notice imposes a monetary penalty on the respondent.

    Exemplar quote from bill: ... to a daily rate); (c) any further factors (in addition to those provided under subsection 10 (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts. ...(6) In this Chapter “enforcement direction” means a direction given in— (a) a final infringement notice, (b) an online interface notice, or 15 (c) a final breach of undertakings enforcement notice.... 185 Final breach of directions enforcement notice (1) This section applies where— (a) 20 the CMA has given to the respondent a provisional breach of directions enforcement notice under section 184 in...
    • ‼️ Economic Impact

      The introduction of monetary penalties for non-compliance with enforcement directions could have significant economic implications for businesses operating in digital markets.

    • ‼️ Justice System

      This change strengthens the enforcement powers of the CMA, potentially leading to more effective regulation of digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 4—Direct enforcement powers of CMA

    The bill specifies the amount of monetary penalties that can be imposed under a final breach of directions enforcement notice. The penalty can be a fixed amount, an amount calculated by reference to a daily rate, or a combination of both. The penalty must not exceed £150,000 or 5% of the total value of the respondent's turnover, £15,000 or 5% of the total value of the respondent's daily turnover, or a fixed amount and an amount per day.

    Exemplar quote from bill: ...n respect of which the enforcement direction was given. (6) 5 The CMA may publish a final breach of directions enforcement notice in such manner, and to such extent, as the CMA considers appropriate. ...186 Monetary penalties under section 185: amount (1) This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of directions enforcement notice. (2) The amount of the penalty must be— 10 (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate.... (3) The penalty imposed on a person must not exceed— 15 (a) in the case of a fixed amount, £150,000 or, if higher, 5% of the total value of the turnover (if any) of the respondent; (b) in the case of...
    • ‼️ Economic Impact

      The introduction of monetary penalties could have significant economic implications for businesses operating in digital markets, particularly if they fail to comply with enforcement directions.

    • ‼️ Justice System

      This change strengthens the enforcement powers of the CMA, potentially leading to more effective regulation of digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 4—Direct enforcement powers of CMA

    The bill proposes that the Competition and Markets Authority (CMA) must prepare and publish a statement of policy regarding the imposition of monetary penalties. This statement must include considerations relevant to the decision of whether to impose a penalty and the nature and amount of any such penalty. The CMA may revise this statement and must publish any revisions. The CMA must consult the Secretary of State and other appropriate persons when preparing or revising this statement. The statement or any revisions cannot be published without the approval of the Secretary of State.

    Exemplar quote from bill: ...on and Consumers Bill 127 Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA Miscellaneous and appeals 192 Statement of policy in relation to monetary penalties ...(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a monetary penalty under this Chapter.... (2) The statement must include a statement about the considerations relevant to 5 the determination of— (a) whether to impose a penalty under this Chapter, and (b) the nature and amount of any such p...
    • ‼️ Justice System

      This change could potentially increase transparency and accountability in the enforcement of consumer protection law by the CMA. It could also provide clearer guidelines for businesses regarding the imposition of monetary penalties.

    • ‼️ Political Power

      The requirement for the Secretary of State's approval before publishing the statement or any revisions could potentially increase the political oversight of the CMA's enforcement powers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 4—Direct enforcement powers of CMA

    The bill proposes that the CMA must keep a record of undertakings it has accepted, enforcement directions it has given, and reviews it has carried out regarding the effectiveness of these undertakings and directions. If requested by the Secretary of State, the CMA must prepare a report on the effectiveness of these undertakings and directions and the number and outcome of appeals. The CMA must provide this report to the Secretary of State and publish it in an appropriate manner.

    Exemplar quote from bill: ...section “final notice” means— 15 (a) a final infringement notice, (b) an online interface notice, or (c) a final breach of directions enforcement notice. 194 Record-keeping and reporting requirements ...(1) The CMA must keep a record of— (a) undertakings it has accepted and enforcement directions it has given, and (b) reviews it has carried out in relation to the effectiveness of such undertakings and directions....ns. (2) If requested to do so by the Secretary of State, the CMA must prepare a report 25 on— (a) the effectiveness of undertakings and enforcement directions, and (b) the number and outcome of appeal...
    • ‼️ Justice System

      This change could potentially increase transparency and accountability in the enforcement of consumer protection law by the CMA. It could also provide clearer guidelines for businesses regarding the enforcement of undertakings and directions.

    • ‼️ Political Power

      The requirement for the CMA to provide a report to the Secretary of State could potentially increase the political oversight of the CMA's enforcement powers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulations under this section

    The bill proposes regulations that will determine how a person's turnover or daily turnover is calculated and the dates by which these are determined. The court or the Competition and Markets Authority (CMA) will have the power to determine matters specified in the regulations.

    Exemplar quote from bill: ... a person is to be treated as 15 controlled by another person for the purposes of subsection (1)(b) and (c); (b) make provision for determining the turnover of a person for the purposes of this Part. ...(3) Regulations under this section may, in particular, make provision as to— 20 (a) the amounts which are, or which are not, to be treated as comprising a person’s turnover or daily turnover; (b) the date or dates by reference to which a person’s turnover or daily turnover is to be determined. (4) Regulations under this section may include provision enabling the court or 25 the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (3)). (5) Regulations under this section are subject to the negative procedure.... 198 Power to amend amounts 30 (1) The Secretary of State may by regulations amend any of the following provisions for the purpose of substituting a different monetary amount for an amount of fixed or...
    • ‼️ Economic Impact

      This change could have significant implications for businesses, particularly those operating in digital markets, as it could affect how their turnover is calculated and thus potentially their tax liabilities and other financial metrics.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power to amend amounts

    The Secretary of State is given the power to amend the monetary amounts for fixed or daily penalties specified in various sections of the Act.

    Exemplar quote from bill: ...escription specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (3)). (5) Regulations under this section are subject to the negative procedure. ...198 Power to amend amounts 30 (1) The Secretary of State may by regulations amend any of the following provisions for the purpose of substituting a different monetary amount for an amount of fixed or daily penalty for the time being specified— (a) section 151(5); (b) section 161(3)(a) and (b); 35 (c) section 175(6); (d) section 183(3)(a) and (b); (e) section 186(3)(a) and (b); (f) section 191(4).... 132 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 5—Monetary penalties: general provisions (2) Before making regulations under this section th...
    • ‼️ Justice System

      This change could have significant implications for the enforcement of the Act, as it could affect the penalties imposed for violations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Recovery of monetary penalties

    The bill proposes that the CMA can recover any unpaid monetary penalties and interest as a civil debt if the penalty has not been paid by the required date and no appeal has been brought or any appeal has been determined, withdrawn or otherwise disposed of.

    Exemplar quote from bill: ...tions under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate. (3) Regulations under this section are subject to the affirmative procedure. ...199 Recovery of monetary penalties (1) This section applies where a monetary penalty imposed under Chapter 4, or 5 any part of such a penalty, has not been paid by the date on which it is required to be paid and— (a) an appeal to a court against the imposition of the penalty has not been 10 brought before the end of the period within which it is required to be brought, or (b) any such appeal that was brought has been determined, withdrawn or otherwise disposed of. (2) The CMA may recover from the person on whom the penalty was imposed any of the penalty and any interest which has not been paid. (3) Any such penalty and interest may be recovered summarily (or, in Scotland, 15 recovered) as a civil debt by the CMA.... (4) Subsection (5) applies where— (a) a penalty is payable by a person by virtue of a final infringement notice, (b) the notice also includes directions imposing a requirement on the 20 person to tak...
    • ‼️ Justice System

      This change could have significant implications for the enforcement of the Act, as it provides a mechanism for the recovery of unpaid penalties.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 7—Miscellaneous, Section 204

    The bill proposes that the Competition and Markets Authority (CMA) may make rules about procedural and other matters in connection with the carrying out of its direct enforcement functions. These rules may provide for any of the CMA’s direct enforcement functions to be carried out on its behalf by one or more members of the CMA Board, CMA Panel, or staff of the CMA.

    Exemplar quote from bill: ..., in relation to any body corporate, means a director, manager, secretary or other similar officer of the body. (11) This section does not limit any other lawful means of giving notice. 204 Rules (1) ...The CMA may make rules about procedural and other matters in connection with the carrying out of its direct enforcement functions.... (2) Rules may provide for any of the CMA’s direct enforcement functions to be 15 carried out on its behalf— (a) by one or more members of the CMA Board (see Part 2 of Schedule 4 to the Enterprise and...
    • ‼️ Economic Impact

      This change could potentially streamline the enforcement of consumer protection law, leading to more efficient and effective regulation of digital markets.

    • ‼️ Political Power

      This change could potentially increase the power of the CMA, as it allows for more flexibility in how its enforcement functions are carried out.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 7—Miscellaneous, Section 205

    The bill proposes that in preparing rules, the CMA must consult such persons as it considers appropriate. Furthermore, the CMA may not bring a rule into operation until the rule has been approved by regulations made by the Secretary of State.

    Exemplar quote from bill: ...made under this section. Digital Markets, Competition and Consumers Bill 137 Part 3—Enforcement of consumer protection law Chapter 7—Miscellaneous 205 Procedural requirements for making of rules (1) ...In preparing rules the CMA must consult such persons as the CMA considers appropriate.... (2) 5 The CMA may not bring a rule into operation until the rule has been approved by regulations made by the Secretary of State. (3) The Secretary of State may approve a rule— (a) in the form in whi...
    • ‼️ Political Power

      This change could potentially increase the power of the Secretary of State, as it gives them the authority to approve or reject rules made by the CMA.

    • ‼️ Economic Impact

      This change could potentially lead to more effective regulation of digital markets, as it ensures that rules made by the CMA are subject to approval by the Secretary of State.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3—Enforcement of consumer protection law, Chapter 7—Miscellaneous, Section 206

    The bill proposes that the CMA must prepare and publish guidance about its general approach to the carrying out of its direct enforcement functions. This guidance must provide information about the factors that the CMA will take into account in determining whether it will exercise a power under Chapter 4 to accept, vary or release an undertaking, whether a reasonable excuse exists in cases where the exercise of any such power is exercisable only if the CMA considers a person has acted (or failed to act) without a reasonable excuse, and whether to start proceedings for recovery of the penalty in a case where a monetary penalty has not been paid (or paid in full).

    Exemplar quote from bill: ...any variation of rules made by the CMA, except where acting under a direction given under subsection (5)(b). (7) Regulations under this section are subject to the negative procedure. 206 Guidance (1) ...The CMA must prepare and publish guidance about its general approach to the carrying out of its direct enforcement functions.... (2) Guidance under subsection (1) must provide information about the factors 25 that the CMA will take into account in determining— (a) whether it will exercise a power under Chapter 4 to accept, var...
    • ‼️ Economic Impact

      This change could potentially lead to more effective regulation of digital markets, as it provides clear guidance on how the CMA will carry out its enforcement functions.

    • ‼️ Political Power

      This change could potentially increase the power of the CMA, as it allows for more flexibility in how its enforcement functions are carried out.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 232 - Offences: criminal liability of others

    This change introduces a new provision that holds a third party ("P") criminally liable for an offence committed by a trader if the offence was due to the act or omission of "P". This applies whether or not "P" is a trader or whether or not "P's" act or omission is a commercial practice. "P" can be charged and convicted of the offence whether or not proceedings are taken against the trader.

    Exemplar quote from bill: ...(in any form) for the purpose of promoting 25 a product to the public or a section of the public, and (b) includes a catalogue, a circular and a price list. 232 Offences: criminal liability of others ...(1) Subsections (2) and (3) apply where a trader— (a) commits an offence under subsection (1), (2), (3), (6) or (7) of section 30 230, or (b) would have committed an offence under that subsection but for a defence under section 231, 35 and the commission of the offence, or of what would have been the offence, is due to the act or omission of another person “P”. (2) P commits the offence (whether or not P is a trader and whether or not P’s act or omission is a commercial practice). (3) P may be charged with and convicted of the offence by virtue of subsection (2) whether or not proceedings are taken against the trader.... (4) In other provisions of this Chapter (including the rest of this section), 40 references to an offence under subsection (1), (2), (3), (6) or (7) of section 230 Digital Markets, Competition and Co...
    • ‼️ Justice System

      This change could significantly impact the justice system by expanding the scope of criminal liability in the context of unfair trading practices. It could lead to more prosecutions and convictions of third parties who are found to have contributed to a trader's offence.

    • ‼️ Economic Impact

      This change could potentially deter third parties from engaging in acts or omissions that could contribute to a trader's offence, thereby promoting fair trading practices and protecting consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Consumer Rights Act 2015

    The bill proposes amendments to the Consumer Rights Act 2015, specifically in section 11, which pertains to goods being as described. The amendments include the insertion of references to the Digital Markets, Competition and Consumers Act 2023 in subsections (4) and (5).

    Exemplar quote from bill: ... a trader may require a consumer to give to bring a subscription contract to an end. (3) Regulations under this section are subject to the negative procedure. Consequential and other minor amendments ...271 Amendment of the Consumer Rights Act 2015 (1) CRA 2015 is amended as follows. (2) In section 11 (goods to be as described)— 35 178 Digital Markets, Competition and Consumers Bill Part 4—Consumer rights and disputes Chapter 2—Subscription contracts (a) in subsection (4), after “(SI 2013/3134)” insert “, or in paragraph 13 of Schedule 20 to the Digital Markets, Competition and Consumers Act 2023,”, and (b) 5 in subsection (5), after “effective” insert “as a variation of a term implied by subsection (4)”.... (3) In section 12 (other pre-contract information included in contract)— (a) after subsection (2) insert— “(2A) Where section 249(1) of the Digital Markets, Competition and 10 Consumers Act 2023 (pre...
    • ‼️ Consumer Rights

      The proposed changes could potentially affect consumer rights, particularly in relation to the description of goods in digital markets. This could lead to more transparency and protection for consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Regulatory Enforcement and Sanctions Act 2008

    The bill proposes an amendment to the Regulatory Enforcement and Sanctions Act 2008, specifically in Schedule 3, to include a reference to the Digital Markets, Competition and Consumers Act 2023.

    Exemplar quote from bill: ...aph 10 of Schedule 5 to CRA 2015 (investigatory powers: enforcer’s legislation), at the appropriate place insert— “Section 264(2) and (3) of the Digital Markets, Competition and Consumers Act 2023;”. ...272 Other consequential amendments 10 (1) In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert— “Digital Markets, Competition and Consumers Act 2023, Chapter 2 of Part 4.”.... (2) The Consumer Contracts (Information Cancellation and Additional Charges) 15 Regulations 2013 (S.I. 2013/3134) is amended as follows. (3) In regulation 5 (other definitions), in the appropriate pl...
    • ‼️ Regulatory Enforcement

      The proposed change could potentially affect regulatory enforcement, particularly in relation to digital markets. This could lead to more stringent enforcement of regulations in these markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013

    The bill proposes an amendment to the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013, specifically in regulation 5, to include a definition of "subscription contract" as per the Digital Markets, Competition and Consumers Act 2023.

    Exemplar quote from bill: ...ial amendments 10 (1) In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert— “Digital Markets, Competition and Consumers Act 2023, Chapter 2 of Part 4.”. ...(2) The Consumer Contracts (Information Cancellation and Additional Charges) 15 Regulations 2013 (S.I. 2013/3134) is amended as follows. (3) In regulation 5 (other definitions), in the appropriate place insert— ““subscription contract” has the meaning it has in Chapter 2 of Part 4 of 20 the Digital Markets, Competition and Consumers Act 2023 (see section 247 of that Act);”.... (4) After regulation 7(4) (application of Part 2) insert— “(4A) This Part does not apply to a subscription contract entered into after section 249 of the Digital Markets, Competition and Consumers Ac...
    • ‼️ Consumer Rights

      The proposed change could potentially affect consumer rights, particularly in relation to subscription contracts in digital markets. This could lead to more transparency and protection for consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer Savings Scheme Contract

    The bill introduces a new concept of a "consumer savings scheme contract". This is a contract where a consumer makes payments to a trader, the trader credits those payments to an account held by the trader for the consumer, and the payments credited to the consumer’s account provide a fund for the consumer to redeem as goods, services or digital content in accordance with the terms of the contract.

    Exemplar quote from bill: ...l payment Section 251(4) Subscription contract Section 247 Trader Section 273(1) 20 Working day Section 273(1) CHAPTER 3 CONSUMER SAVINGS SCHEMES 275 Meaning of “consumer savings scheme contract” (1) ...For the purposes of this Chapter, a consumer savings scheme contract is a contract— (a) under which— (i) a consumer makes payments to a trader, (ii) the trader credits those payments to an account that is held by the trader for the consumer (“the consumer’s account”), and (iii) the payments credited to the consumer’s account provide a fund for the consumer to redeem as goods, services or digital content in accordance with the terms of the contract, (b) to which one or more of subsections (2), (3) or (4) applies, and (c) which is not an excluded arrangement (see section 277)...., (b) to which one or more of subsections (2), (3) or (4) applies, and (c) which is not an excluded arrangement (see section 277). 5 (2) This subsection applies to a contract if it contains terms whic...
    • ‼️ Economic Impact

      This change could have significant economic implications, as it introduces a new type of contract that could affect how consumers and traders interact in the marketplace.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative dispute resolution for consumer contract disputes

    The bill proposes that the Secretary of State can direct any person to provide Alternative Dispute Resolution (ADR) information. The person directed must comply as far as reasonably practicable, and the duty to comply is enforceable by the Secretary of State in civil proceedings.

    Exemplar quote from bill: ...re. Digital Markets, Competition and Consumers Bill 199 Part 4—Consumer rights and disputes Chapter 4—Alternative dispute resolution for consumer contract disputes 296 ADR information directions (1) ...The Secretary of State may give a direction to any person falling within subsection (2) requiring the person to provide ADR information to the Secretary of State.... (2) A direction may be given to— 5 (a) an accredited ADR provider, (b) an exempt ADR provider, (c) a person (not being an accredited or exempt ADR provider) who carries out ADR under special ADR arra...
    • ‼️ Justice System

      This change could potentially streamline the process of dispute resolution in consumer contract disputes, making it more efficient and effective.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative dispute resolution for consumer contract disputes

    The bill proposes that the Secretary of State can make regulations to confer on another person any function that is exercisable in such cases or circumstances as may be prescribed by the regulations, in place of the corresponding function of the Secretary of State.

    Exemplar quote from bill: ... of, an area of activity by virtue of any legislation. Involvement of other bodies in the regulation of ADR providers 20 299 Power to provide for other persons to have accreditation functions etc (1) ...The Secretary of State may by regulations make provision for or in connection with the conferring on another person of any function falling within subsection 25 (2) so far as it is exercisable in such cases or circumstances as may be prescribed by the regulations, in place of the corresponding function of the Secretary of State.... (2) The functions which may be the subject of regulations under this section are functions corresponding to functions of the Secretary of State under the following provisions of this Chapter as origi...
    • ‼️ Justice System

      This change could potentially increase the efficiency and effectiveness of the process of dispute resolution in consumer contract disputes by allowing the Secretary of State to delegate certain functions.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Provision of investigative assistance to overseas regulators

    The bill proposes a new framework for the provision of investigative assistance to overseas regulators. The Secretary of State is given the power to authorize such assistance and impose conditions on it. The Competition and Markets Authority (CMA) is tasked with preparing and publishing guidance on the process.

    Exemplar quote from bill: ...tion (2)(b). (4) The Secretary of State must publish— (a) any general authorisation given under subsection (2)(b); (b) notice of any withdrawal of a general authorisation under subsection 30 (3). (5) ...In considering whether to authorise R to assist O (whether specifically or generally), the Secretary of State must have regard to whether—... (a) 35 O’s request for assistance is made under, or in accordance with, the terms of a convention or treaty to which the United Kingdom is a party (and, where it is, the Secretary of State must also ...
    • ‼️ National Security

      This change could potentially impact national security by facilitating international cooperation in investigations.

    • ‼️ Justice System

      This change could impact the justice system by enabling more effective cross-border investigations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Disclosing information overseas

    The bill proposes amendments to Part 9 of the Enterprise Act 2002, allowing public authorities to disclose information to overseas public authorities for the purpose of facilitating their functions or under a designated cooperation arrangement.

    Exemplar quote from bill: ...egislation 5 Schedule 25 makes amendments to other legislation in connection with the provision made by this Chapter. CHAPTER 2 DISCLOSING INFORMATION OVERSEAS 310 Disclosing information overseas (1) ...Part 9 of EA 2002 (information) is amended as follows.... (2) For section 243 (overseas disclosures) substitute— 10 “243A Overseas disclosures for both overseas and domestic purposes (1) A public authority which holds information to which section 237 applie...
    • ‼️ National Security

      This change could potentially impact national security by facilitating international cooperation in investigations.

    • ‼️ Justice System

      This change could impact the justice system by enabling more effective cross-border investigations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 243D

    The bill proposes a new section 243D that regulates the use and further disclosure of information disclosed under sections 243A and 243B. The information can only be used or further disclosed by the overseas public authority for facilitating the exercise by the discloser of the original function in relation to the original matter, unless the discloser consents to the use of that information for another purpose.

    Exemplar quote from bill: ...e by statutory 10 instrument subject to annulment in pursuance of a resolution of either House of Parliament. 243D Use and further disclosure of information disclosed under sections 243A and 243B (1) ...Subsections (2) and (3) apply to information disclosed by virtue of section 243A to the extent that the disclosure was to facilitate the exercise by the discloser of any function it has under or by virtue of this Act or any other enactment (“the original function”) in relation to a particular matter (“the original matter”)....”). (2) The information must not be used by the overseas public authority 20 other than for facilitating the exercise by the discloser of the original function in relation to the original matter unles...
    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 243E

    The bill proposes a new section 243E that gives the Secretary of State the power to direct that a disclosure permitted under section 243A or 243B must not be made if they think it is more appropriate for an investigation to be carried out by an authority in the UK or another specified country, or for proceedings to be brought in a court in the UK or another specified country.

    Exemplar quote from bill: ...ther disclosure, is required under the law of the country or territory of the authority. 243E 30 Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B (1) ...The Secretary of State may direct that a disclosure permitted under section 243A or 243B must not be made if the Secretary of State thinks that, in connection with any matter in respect of which the disclosure could be made, it is more appropriate— (a) if any investigation is to be carried out, that it is carried out by an authority in the United Kingdom or in another specified country or territory (rather than by the overseas public authority); (b) if any proceedings are to be brought, that they are brought in a court in the United Kingdom or in another specified country or territory (rather than in the country or territory of the overseas authority)....rity). (2) In subsection (1), “specified” means specified in the direction. 214 Digital Markets, Competition and Consumers Bill Part 5—Miscellaneous Chapter 2—Disclosing information overseas (3) The ...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 243F

    The bill proposes a new section 243F that sets out the considerations a public authority must have regard to when deciding whether to make a disclosure under section 243A or 243B. These considerations include the law and practice of the country to whose authority the disclosure would be made, whether the matter is sufficiently serious to justify making the disclosure, whether the disclosure would further the aims or purposes of any relevant convention or treaty, whether there are arrangements in place for mutual assistance, and whether a person or body in that country would assist the public authority in a similar way.

    Exemplar quote from bill: ...ate to bring a direction under subsection (1) to the attention of persons likely to be affected by it. 243F 5 Relevant considerations relating to overseas disclosures under sections 243A and 243B (1) ...This section applies when a public authority is deciding whether to make a disclosure under section 243A or 243B.... (2) In deciding whether to make a disclosure under section 243A, the 10 public authority must have regard in particular to the following considerations— (a) whether the law and practice of the countr...
    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 311

    The bill proposes a new section 311 that amends section 25 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) to require the Competition and Markets Authority (CMA) to have regard to the need for making a decision, or taking action, as soon as reasonably practicable for the purposes of any of its functions within Schedule 4A.

    Exemplar quote from bill: ... 10 for “(overseas disclosures)” substitute “(relevant considerations relating to overseas disclosures)”. CHAPTER 3 DUTY OF EXPEDITION 311 Duty of expedition on the CMA and sectoral regulators (1) 15 ...In section 25 of ERRA 2013 (the Competition and Markets Authority), after subsection (4) insert— “(5) In making any decision, or otherwise taking action, for the purposes of any of its functions within Schedule 4A the CMA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”... (2) After Schedule 4 to ERRA 2013 insert— 20 “SCHEDULE 4A Section 25 FUNCTIONS TO WHICH THE CMA’S DUTY OF EXPEDITION APPLIES PART 1 INTRODUCTION 1 The following functions are functions within this Sc...
    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 2: Competition Functions

    The bill proposes new competition functions under Part 3 of the 2002 Act (mergers), excluding functions under section 94B and section 106.

    Exemplar quote from bill: ...ION APPLIES PART 1 INTRODUCTION 1 The following functions are functions within this Schedule for the 25 purposes of section 25(5). PART 2 COMPETITION FUNCTIONS Functions under the Enterprise Act 2002 ...2 Functions under Part 3 of the 2002 Act (mergers) other than 30 functions under— (a) section 94B (statement of policy about functions under sections 94 and 94AA); (b) 35 section 106 (advice and information about references under section 22 or 33);... Digital Markets, Competition and Consumers Bill 217 Part 5—Miscellaneous Chapter 3—Duty of expedition (c) section 116 (statement of policy about penalties). 3 Functions under Part 4 of the 2002 Act ...
    • ‼️ Economic Impact

      The proposed changes could potentially affect the economic landscape by altering the competition functions under the 2002 Act.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3: Consumer Functions

    The bill proposes new consumer functions under Part 3 of the Digital Markets, Competition and Consumers Act 2023, excluding functions under section 192, 204, and 205.

    Exemplar quote from bill: ... to 35 of the Water Industry Act 1991 (protection of consumers: competition provisions). PART 3 30 CONSUMER FUNCTIONS Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2023 ...7 35 Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2023 (enforcement powers for infringements of consumer protection law) other than functions under— (a) section 192 (statement of policy about penalties); (b) sections 204 and 205 (rules about direct enforcement functions);... 218 Digital Markets, Competition and Consumers Bill Part 5—Miscellaneous Chapter 3—Duty of expedition (c) section 206 (guidance about direct enforcement functions). 8 Functions under Chapter 1 of Pa...
    • ‼️ Consumer Rights

      The proposed changes could potentially affect consumer rights by altering the enforcement powers for infringements of consumer protection law.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4: Digital Market Functions

    The bill proposes new digital market functions under Part 1 of the Digital Markets, Competition and Consumers Act 2023, excluding functions under section 59, 66, 90, and 114.

    Exemplar quote from bill: ...under regulation 20(2) of those Regulations (provision of information and advice). PART 4 DIGITAL MARKET FUNCTIONS 20 Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2023 ...11 Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2023 (digital markets) other than functions under— (a) section 59 (content of report under section 56 etc); 25 (b) section 66 (regulations about duty to notify); (c) section 90 (statement of policy on penalties); (d) section 114 (guidance about functions under Part 1)....” (3) In consequence of the amendments made by subsections (1) and (2)— (a) in section 103 of EA 2002 (duty of expedition in relation to 30 references)— (i) in the heading, at the end insert “under se...
    • ‼️ Digital Privacy

      The proposed changes could potentially affect digital privacy by altering the functions related to digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 1—Procedure relating to commitments

    The bill proposes that the Competition and Markets Authority (CMA) must publish a notice of its decision on whether to accept a commitment or a requested variation, and whether to release an undertaking from a commitment, as soon as reasonably practicable. It also requires the CMA to consider any representations made in accordance with the notice and not withdrawn before releasing an undertaking from a commitment.

    Exemplar quote from bill: ...tice and not withdrawn. (2) The notice must include— (a) the proposed modifications, 30 (b) the reasons for them, and (c) the period within which representations may be made in relation to them. 4 35 ...The CMA must publish notice of its decision on whether to, and the form in which it will, accept a commitment or a requested variation as soon as reasonably practicable.... Digital Markets, Competition and Consumers Bill 223 Schedule 1—Procedure relating to commitments 5 The requirements of paragraphs 2 and 3 do not apply in relation to a proposed modification which th...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 2—Mergers: holding of interests and rights

    The bill proposes new rules for how interests and rights are treated in the context of mergers. These include treating joint interests or rights as held by each person, treating interests or rights subject to a joint arrangement as held by each person, treating interests held by a nominee as held by the other person, and treating rights controlled by a person as held by that person.

    Exemplar quote from bill: ... a notice of its decision on whether to release an undertaking from a commitment as soon as reasonably practicable. SCHEDULE 2 Section 56 MERGERS: HOLDING OF INTERESTS AND RIGHTS Joint interests 1 20 ...If two or more persons each hold an interest or right jointly, each of them is treated as holding that interest or right.... Joint arrangements 2 If interests or rights held by a person and interests or rights held by another person are the subject of a joint arrangement between those persons, each (1) 25 of them is treate...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Schedule 3—Power of Competition Appeal Tribunal to grant declaratory relief

    The bill proposes that a declaration or declarator granted by the Competition Appeal Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration or declarator granted by the High Court or the Court of Session. The Tribunal must apply the same principles as the High Court or the Court of Session in deciding whether to grant a declaration or declarator.

    Exemplar quote from bill: ...n alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.” 4 After section 47D insert— “47DA Proceedings under section 47A or collective proceedings: declaratory relief (1) 25 ...A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High Court.... (2) A declarator granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declarator granted by the Court of Session. (3) In deciding whether to gra...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 26A (investigations: power to ask questions), subsection (5)

    The amendment modifies the language used in section 26A, subsection (5) of the Competition Act 1998. The word "indicate" is removed from the beginning of the section and inserted at the beginning of paragraph (a). Paragraph (b) is replaced with a new provision that requires the inclusion of information about the possible consequences of failing to comply with the notice.

    Exemplar quote from bill: ...n with competition investigations Part 1—Investigations under Part 1 of CA 1998 (competition) 3 In section 26A (investigations: power to ask questions), subsection (5) is amended as follows. (1) (2) ...In the words before paragraph (a) omit “indicate”. (3) In paragraph (a), at the beginning insert “indicate”. (4) For paragraph (b) substitute— 5 “(b) include information about the possible consequences of failing to comply with the notice.”... 4 In section 27 (power to enter business premises without a warrant), in subsection (2), for paragraph (c) substitute— “(c) includes information about the possible consequences of 10 failing to compl...
    • ‼️ Justice System

      The amendment could potentially increase the clarity and understanding of the consequences of non-compliance for those under investigation, which could lead to more effective enforcement of competition law.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: substitution

    Section 110 (enforcement of powers under section 109: general)

    The bill proposes to substitute subsection (1) of Section 110 to allow the CMA to impose a penalty on a person in accordance with section 111 if the person has failed to comply with any requirement of a notice under section 109, obstructed or delayed another person in the exercise of their powers under section 109(6), or altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 109, without a reasonable excuse.

    Exemplar quote from bill: ...ers) is amended as follows. 15 Section 110 (enforcement of powers under section 109: general) is amended as follows. (1) (2) In the heading, for “general” substitute “imposition of penalties”. 20 (3) ...For subsection (1) substitute— “(1) The CMA may impose a penalty on a person in accordance with section 111 where the CMA considers that— (a) 25 the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 109; (b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 109(6); (c) 30 the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 109.... (1A) The appropriate authority may impose a penalty on a person in accordance with section 111 where the authority considers that— (a) 35 the person has, without reasonable excuse, supplied informati...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enterprise Act 2002, Section 35C

    The bill proposes to insert a new section 35C into the Enterprise Act 2002, which requires the CMA to prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A.

    Exemplar quote from bill: ...ription specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)). Statement of policy in relation to functions under sections 31E, 34 and 35A ...35C Statement of policy in relation to functions under sections 31E, 34 and 35A...35A (1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A. (2) 20 The statement must, in particular, include a statement ab...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Enterprise Act 2002, Section 94

    The bill proposes to amend section 94 of the Enterprise Act 2002 by adding a new subsection (10), which requires the CMA to consider its most recently published statement of policy when deciding how to proceed under this section.

    Exemplar quote from bill: ...on about the possible consequences of failing to comply with the undertaking.” (4) After subsection (2) insert— “(3) In this section, “appropriate authority” has the same meaning as in section 94AA.” ...10 In section 94 (rights to enforce undertakings and orders), after subsection 15 (9) insert— “(10) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 94B at the time of the failure to comply with the undertaking or (as the case may be) order.”...r.” 11 For section 94A substitute— “94AA Enforcement of undertakings and orders: imposition of penalties (1) 25 The appropriate authority may impose a penalty on a person in accordance with section 94...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 161A

    The bill introduces a new section, 161A, which stipulates that the relevant authority cannot accept an enforcement undertaking from a person unless they have been informed about the potential consequences of non-compliance.

    Exemplar quote from bill: ...roups) is amended as follows. (1) (2) In subsection (1)(i), for “section 167” substitute “sections 167 and 167A”. (3) In subsection (2)(e), for “section 167” substitute “sections 167 and 167A”. 15 15 ...After section 161 insert— “161A Acceptance of enforcement undertakings: Part 4... (1) The relevant authority may not accept an enforcement undertaking 20 from a person unless it has provided the person with information about the possible consequences of failing to comply with the ...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 167C

    The bill introduces a new section, 167C, which requires the CMA to prepare and publish a statement of policy regarding the exercise of functions under sections 167 and 167A. The statement must include considerations relevant to the determination of penalty amounts under section 167A.

    Exemplar quote from bill: ...e decision and its reasons for the decision. (7) For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).” 11 ...After section 167 insert— “167C Statement of policy in relation to functions under sections 167 and 167A...rtakings and orders”. 13 35 Section 162 (duty of CMA to monitor the carrying out of undertakings and orders: Part 4) is amended as follows. (1) (2) In subsection (4), in paragraphs (a) and (b), for “1...
    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 11—Service and extra-territoriality of notices under CA 1998 and EA 2002

    The bill proposes the insertion of a provision that allows the Competition and Markets Authority (CMA) to serve notices and require the production of documents or information from individuals or entities outside the United Kingdom.

    Exemplar quote from bill: ...’s power to give a person a notice under section 26 or 40ZD. Digital Markets, Competition and Consumers Bill 281 Schedule 11—Service and extra-territoriality of notices under CA 1998 and EA 2002 (2) ...The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4)); (b) 5 require the production of a specified document, or the provision of specified information, held outside the United Kingdom.... (3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person’s activities are being investigated ...
    • ‼️ National Security

      This change could potentially enhance the UK's ability to regulate and enforce its competition laws on a global scale, thereby strengthening its national security.

    • ‼️ Economic Impact

      This change could potentially impact international businesses operating in the digital market, affecting the UK's economic landscape.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Designated Enforcers

    The bill introduces the concept of "designated enforcers" which are divided into public and private entities. These enforcers are authorized to enforce various enactments under the Digital Markets, Competition and Consumers Act 2023 and other acts.

    Exemplar quote from bill: ...Section 143 CONSUMER PROTECTION ENACTMENTS PART 1 ENACTMENTS Information 5 about transitional etc provision Enactment Authorised enforcers 1. Acts of Parliament Accommodation 10 Agencies Act 1953 (1) ...All public designated enforcers.... other than— (a) the Department of Health in Northern Ireland; (b) 15 the Department for Infrastructure in Northern Ireland; (c) an enforcement authority within the meaning of section 20 120(15) of th...
    • ‼️ Justice System

      The introduction of designated enforcers could potentially change the enforcement landscape of digital markets and competition law, affecting how these laws are implemented and enforced.

    • ‼️ Political Power

      The division of enforcement power between public and private entities could shift the balance of power in the enforcement of digital markets and competition law.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 92 of the Trade Marks Act 1994

    The bill proposes the insertion of a new provision that designates certain public and private entities as enforcers of Section 92 of the Trade Marks Act 1994. The public entities include the Department of Health and the Department for Infrastructure in Northern Ireland, an enforcement authority as defined in the Communications Act 2003, the Maritime and Coastguard Agency, the Office for the Traffic Commissioner, and the Secretary of State. All private designated enforcers are also included.

    Exemplar quote from bill: ...me and Coastguard Agency; (e) the Office for the Traffic 25 Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 30 Section 40 of the Administration of Justice Act 1970 (1) ...All public designated enforcers, other than— (a) the Department of Health in Northern Ireland; (b) the Department for Infrastructure in Northern Ireland; (c) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); (d) the Maritime and Coastguard Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers.... etc provision Enactment Authorised enforcers (d) the Maritime and Coastguard 5 Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 1...
    • ‼️ Justice System

      The proposed change could potentially impact the enforcement of the Trade Marks Act 1994, potentially leading to more effective enforcement and protection of trademark rights.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Consumer Unfair Contract Terms Act 1977

    The bill proposes the insertion of a new provision that designates certain public and private entities as enforcers of the Consumer Unfair Contract Terms Act 1977. The public entities include the Department of Health and the Department for Infrastructure in Northern Ireland, an enforcement authority as defined in the Communications Act 2003, the Maritime and Coastguard Agency, the Office for the Traffic Commissioner, and the Secretary of State. All private designated enforcers are also included.

    Exemplar quote from bill: ...me and Coastguard Agency; (e) the Office for the Traffic 25 Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 30 Section 40 of the Administration of Justice Act 1970 (1) ...All public designated enforcers, other than— (a) the Department of Health in Northern Ireland; (b) the Department for Infrastructure in Northern Ireland; (c) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); (d) the Maritime and Coastguard Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers.... etc provision Enactment Authorised enforcers (d) the Maritime and Coastguard 5 Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 1...
    • ‼️ Justice System

      The proposed change could potentially impact the enforcement of the Consumer Unfair Contract Terms Act 1977, potentially leading to more effective enforcement and protection of consumer rights.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Designation of Authorised Enforcers

    The bill designates certain entities as authorised enforcers for various enactments, excluding specific entities such as the Department of Health in Northern Ireland, the Department for Infrastructure in Northern Ireland, an enforcement authority within the meaning of section 120(15) of the Communications Act 2003, the Maritime and Coastguard Agency, the Office for the Traffic Commissioner, and the Secretary of State. It also includes all private designated enforcers.

    Exemplar quote from bill: ...me and Coastguard Agency; (e) the Office for the Traffic 25 Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 30 Section 40 of the Administration of Justice Act 1970 (1) ...All public designated enforcers, other than— (a) the Department of Health in Northern Ireland; (b) the Department for Infrastructure in Northern Ireland; (c) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); (d) the Maritime and Coastguard Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers.... etc provision Enactment Authorised enforcers (d) the Maritime and Coastguard 5 Agency; (e) the Office for the Traffic Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 1...
    • ‼️ Justice System

      The designation of authorised enforcers can significantly impact the enforcement of the enactments mentioned, potentially leading to more effective regulation and oversight.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 13—Consumer protection enactments

    The bill proposes the insertion of a provision about the application of the Cancellation of Contracts made in a Consumer’s Home or Consumer Place of Work etc. Contracts Regulations 2008 and the Information, Cancellation and Additional Charges Regulations 2013 in connection with their revocation.

    Exemplar quote from bill: ...rcers. (2) All private designated enforcers. 20 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for 25 card-based payment transactions 4. Saved legislation ...See regulation 2(b) of the Cancellation of Contracts made in a Consumer’s Home or Consumer Place of Work etc. Contracts Regulations 2008 (S.I. 2008/1816) (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134) for provision about the application of the Regulations in connection with their revocation...sion about 40 the application of the Regulations in connection with their revocation 310 Digital Markets, Competition and Consumers Bill Schedule 13—Consumer protection enactments Part 1—Enactments I...
    • ‼️ Consumer Rights

      This change could potentially impact consumer rights, as it pertains to the application of regulations related to the cancellation of contracts made in a consumer's home or place of work.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 13—Consumer protection enactments

    The bill proposes the insertion of a provision about the application of the Package Travel, Package Holidays and Package Tours regulations 1992 and the Package Travel and Linked Travel Arrangements Regulations 2018 in connection with their revocation.

    Exemplar quote from bill: ...992 (S.I. 1992/3288) Package Travel and Linked Travel Arrangements 30 Regulations 2018 (S.I. 2018/634) for provision about the application 35 of the Regulations in connection with their revocation 40 ...See regulation 37(2) of the Package Travel, Package Holidays and Package Tours regulations 1992 (S.I. 1992/3288) Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634) for provision about the application of the Regulations in connection with their revocation...frastructure in Northern Ireland; 2015 (S.I. 2015/1553) for provision about Digital Markets, Competition and Consumers Bill 311 Schedule 13—Consumer protection enactments Part 1—Enactments Informatio...
    • ‼️ Consumer Rights

      This change could potentially impact consumer rights, as it pertains to the application of regulations related to package travel and linked travel arrangements.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 13—Consumer protection enactments

    The bill proposes the insertion of a provision about the application of the Consumer Sale and Supply of Goods to Consumers Regulations 2002 in connection with its revocation.

    Exemplar quote from bill: ...003 (regulation of premium rate services); (d) the Maritime and Coastguard Agency; (e) the Office for the Traffic 35 Commissioner; (f) the Secretary of State. (2) All private designated enforcers. 40 ...See Article 6 of the Consumer Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045) (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630) for provision about the application of the regulation in connection with its revocation...art 1—Enactments Information about transitional etc provision Enactment Authorised enforcers Consequential 5 Amendments) Order 2015 (S.I. 2015/1630) for 10 provision about the application of provisio...
    • ‼️ Consumer Rights

      This change could potentially impact consumer rights, as it pertains to the application of regulations related to the sale and supply of goods to consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Paragraph 16C

    The bill introduces a new provision that allows the Competition and Markets Authority (CMA) to issue a final enforcement notice to a respondent who has failed to comply with a provisional enforcement notice. This final notice can require the respondent to pay a monetary penalty and/or comply with directions set by the CMA to ensure compliance with the original notice.

    Exemplar quote from bill: ...enforcement notice has expired, and (c) after considering such representations (if any), the CMA 20 is satisfied that the respondent has failed to comply with the notice given under paragraph 14. (2) ...The CMA may by notice (a “final enforcement notice”) impose on the respondent a requirement to do either or both of the following— (a) a requirement to pay a monetary penalty; (b) a requirement to comply with such directions as the CMA considers appropriate for the purpose of securing the respondent’s compliance with the notice under paragraph 14....ph 14. (3) A requirement under sub-paragraph (2)(a) to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent’s failure in question is without reasonable excuse. (4) Th...
    • ‼️ Justice System

      This change strengthens the enforcement powers of the CMA, potentially leading to more effective regulation of digital markets.

    • ‼️ Economic Impact

      The introduction of monetary penalties could have financial implications for businesses operating in digital markets.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulations under this paragraph

    The bill proposes the insertion of regulations that provide for the determination of a person's turnover or daily turnover. This includes the amounts to be treated as turnover and the dates for such determination.

    Exemplar quote from bill: ...sub-paragraph (1)(b) and (c); Digital Markets, Competition and Consumers Bill 325 Schedule 15—Investigatory powers (b) make provision for determining the turnover of a person for those purposes. (3) ...Regulations under this paragraph may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising a person’s turnover or daily turnover; (b) the date or dates by references to which a person’s turnover or daily turnover is to be determined....d. (4) 10 Regulations under this paragraph may include provision enabling the court (within the meaning of paragraph 16A) or the CMA to determine matters of a description specified in the regulations ...
    • ‼️ Economic Impact

      This change could have significant implications for businesses operating in digital markets, as it could affect how their turnover is calculated and thus potentially their tax liabilities and regulatory obligations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Part 2 of Schedule 2, Schedule 11A, Regulatory Enforcement and Sanctions Act 2008, Consumer Rights Act 2015

    The proposed changes involve amendments to various parts of existing legislation, replacing references to the Enterprise Act 2002 with references to the new Digital Markets, Competition and Consumers Act 2023. This includes changes to Part 2 of Schedule 2, Schedule 11A, the Regulatory Enforcement and Sanctions Act 2008, and the Consumer Rights Act 2015. The changes also involve the insertion of the Digital Markets, Competition and Consumers Act 2003 into the Regulatory Enforcement and Sanctions Act 2008, and amendments to the Consumer Rights Act 2015's provisions on investigatory powers.

    Exemplar quote from bill: ...at the appropriate place insert— “Chapters 3 and 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2023.” Companies Act 2006 25 7 (1) The Companies Act 2006 is amended as follows. (2) ...In Part 2 of Schedule 2— (a) in paragraph 28— (i) 30 for “Part 8 of the Enterprise Act 2002” substitute “Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2023”; (ii) for “that Part” substitute “that Chapter”;... (b) in paragraph 36 for the words after “under” to the end substitute 35 “section 164(2) of the Digital Markets, Competition and Consumers Act 2023”. (3) In Schedule 11A— 330 Digital Markets, Competi...
    • ‼️ Economic Impact

      The changes could have significant economic implications, as they involve the regulation of competition in digital markets, which could affect a wide range of businesses and consumers.

    • ‼️ Justice System

      The changes could also have implications for the justice system, as they involve amendments to existing legislation and could therefore affect legal processes and enforcement mechanisms.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Various sections of the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, and other regulations

    The bill proposes amendments to various sections of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. These amendments are connected to the saving made by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

    Exemplar quote from bill: ...onnection with their repeal or disapplication by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. ...Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.... 2015. Sections 48A to 48F of the Sale of Goods Act 1979, to the 40 extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 o...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Consumer Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Various regulations and directives

    The bill proposes amendments to various regulations and directives, including the Package Travel, Package Holidays and Package Tours Regulations 1992, the Unfair Terms in Consumer Contracts Regulations 1999, and rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000.

    Exemplar quote from bill: ...ving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights 15 Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. ...The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018....18. The Unfair Terms in Consumer Contracts Regulations 1999, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their 25 revocation by this Act, by A...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Consumer Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Contracts between unincorporated traders and consumers

    The bill introduces conditions for contracts between unincorporated traders and consumers for the supply of foodstuffs, beverages, or other goods intended for current consumption in the household. The conditions include the goods being supplied by way of frequent or regular delivery to the consumer's home, residence, or workplace, and not being delivered wholly or mainly by a third party.

    Exemplar quote from bill: ...ns the Office of Communications. Rent of residential accommodation 8 A contract under which accommodation is rented for residential purposes. 20 Delivery of foodstuffs etc. by unincorporated trader 9 ...A contract between a trader who is not a body corporate and a consumer for the supply of foodstuffs, beverages or other goods intended for current consumption in the household where the condition in sub-paragraph (2) or (3) is met....is met. (2) The condition is that the foodstuffs, beverages or other goods— (a) are to be supplied by way of a frequent or regular delivery to the consumer’s home, residence or workplace, and (b) are ...
    • ‼️ Economic Impact

      This change could potentially impact small businesses and consumers, as it sets out specific conditions for contracts between unincorporated traders and consumers.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Contracts for childcare

    The bill introduces provisions for contracts related to the supply of goods, services, or digital content in connection with the provision of childcare by a relevant childcare provider. It also provides detailed definitions of who qualifies as a "relevant childcare provider" in different regions of the UK.

    Exemplar quote from bill: ... 11 A contract which is a regulated contract within the meaning of the Timeshare, Holiday Products Resale and Exchange Contracts 2010 (S.I. 2010/2960). Childcare (including school age education) 5 12 ...A contract for the supply of goods, services or digital content for, or in connection with, the provision of childcare by a relevant childcare provider.... (1) (2) In relation to the provision of childcare in England and Wales, a “relevant childcare provider” means— (a) a person who— 10 (i) in relation to England, is registered, or required to be regist...
    • ‼️ Education

      This change could impact the childcare sector, as it sets out specific conditions for contracts related to the provision of childcare.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 23 Section 293

    The bill introduces accreditation criteria for ADR providers. These criteria include providing accessible information to consumers, readiness to carry out ADR, and having sufficient expertise for carrying out ADR.

    Exemplar quote from bill: ...hich is approved as mentioned in section 47(1)(a), or is administered and designated as mentioned in section 47(1)(b), of the Consumers, Estate Agents and Redress Act 2007. 10 SCHEDULE 23 Section 293 ...ACCREDITATION CRITERIA PART 1 THE CRITERIA APPLICABLE TO AN ACCREDITED ADR PROVIDER Criterion 1: information for consumers 1 The ADR provider provides consumers generally with accessible information 15 about the ADR that it carries out or for which it makes special ADR arrangements. (1) (2) The information provided should include (among other things) information about— (a) the kinds of ADR it carries out or for which it makes special ADR 20 arrangements (including the possible outcomes of each kind); (b) the types of dispute it deals with (whether by carrying out ADR or making special ADR arrangements); (c) 25 the procedures adopted in relation to ADR carried out by it or for which it makes special ADR arrangements; (d) any fees or costs payable by either party to a dispute that is referred for ADR. Criterion 2: readiness to carry out ADR 2 30 The ADR provider does not unreasonably refuse to carry out ADR or, as the case may be, to make special ADR arrangements, in relation to disputes referred to it. Criterion 3: expertise 3 The ADR provider has sufficient expertise for carrying out ADR or, as the 35 case may be, for making special ADR arrangements, in relation to the types of dispute it deals with.... Digital Markets, Competition and Consumers Bill 359 Schedule 23—Accreditation criteria Part 1—The criteria applicable to an accredited ADR provider Criterion 4: facilities for consumers and traders ...
    • ‼️ Justice System

      The introduction of these accreditation criteria could impact the justice system by setting standards for ADR providers, potentially affecting the quality and accessibility of dispute resolution services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 234J of the Competition Act 1998

    The bill proposes an insertion to Section 234J of the Competition Act 1998, requiring the Financial Conduct Authority (FCA) to consider the need for expedient decision-making or action in its functions that are concurrently exercisable with the Competition and Markets Authority (CMA) and are within Schedule 4A to the Enterprise and Regulatory Reform Act 2013.

    Exemplar quote from bill: ...ng action, as soon as reasonably practicable.” Digital Markets, Competition and Consumers Bill 365 Schedule 26—Duty of expedition on sectoral regulators in respect of their competition functions (3) ...In section 234J (functions of the FCA under CA 1998), after subsection (5) insert— “(6) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) by virtue of this section, are functions exercisable 5 concurrently with the CMA, and (b) are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the FCA must have regard to the need for making a decision, or 10 taking action, as soon as reasonably practicable.”... The Northern Ireland Authority for Utility Regulation 4 In Article 29 of the Water and Sewerage Services (Northern Ireland) Order 15 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland...
    • ‼️ Economic Impact

      This change could potentially speed up decision-making processes within the FCA, which could have implications for the speed and efficiency of competition regulation in the financial sector.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006

    The bill proposes an insertion to Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006, requiring the Northern Ireland Authority for Utility Regulation to consider the need for expedient decision-making or action in its functions that are concurrently exercisable with the CMA and are within Schedule 4A to the Enterprise and Regulatory Reform Act 2013.

    Exemplar quote from bill: ...agraph 5 of that Schedule, the FCA must have regard to the need for making a decision, or 10 taking action, as soon as reasonably practicable.” The Northern Ireland Authority for Utility Regulation 4 ...In Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after paragraph (10) insert— “(11) In making any decision, or otherwise taking action, for the purposes of any of its functions that— (a) 20 by virtue of this Article, are functions exercisable concurrently with the CMA, and (b) in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the Authority must have regard to the need for making a decision, 25 or taking action, as soon as reasonably practicable.”...e.” 5 In Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after paragraph ...
    • ‼️ Economic Impact

      This change could potentially speed up decision-making processes within the Northern Ireland Authority for Utility Regulation, which could have implications for the speed and efficiency of competition regulation in the utility sector in Northern Ireland.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Section 78: Reports by skilled persons

    The bill proposes a new power for the CMA to appoint a skilled person to provide a report about matters relevant to the exercise of its digital markets functions.

    Exemplar quote from bill: ...(tribunal: procedure), in paragraph 10A, in sub-paragraph (1), after “the 1998 Act” insert “or section 74 of the Digital Markets, Competition and Consumers Act 2023”. 78 Reports by skilled persons 10 ...(1) The CMA may exercise the powers in this section in relation to a designated undertaking or an undertaking which is the subject of an SMS investigation (in either case, “U”) for the purposes of exercising, or deciding whether to exercise, any of its digital markets functions. (2) The CMA may appoint a skilled person to provide it with a report in a specified form about matters relevant to the purposes for which the powers under this section are or may be exercised (“the relevant matters”)....”). (3) Where the CMA makes such an appointment, the CMA must give a notice to U— (a) confirming the appointment; 20 (b) specifying the relevant matters. (4) A notice under subsection (3) may also mak...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 46 of CA 1998

    The amendment expands the list of appealable decisions to include decisions to make or not make directions under section 35.

    Exemplar quote from bill: ..., in paragraph 67 (the Competition Act 1998), for “section 28(2)” substitute “sections 28(2) and 28A(2)”. Interim measures 20 121 Standard of review on appeals against interim measures directions (1) ...In section 46 of CA 1998 (appealable decisions), in subsection (3)— (a) after paragraph (h) insert— “(ha) to make directions under section 35, (hb) not to make directions under section 35,”; (b) in the words after paragraph (i), for “, 33 or 35” substitute “or 33”....”. (2) Schedule 8 to CA 1998 (appeals) is amended as follows. (3) In paragraph 3 (decisions of the tribunal: merits-based appeals), in sub-paragraph (A1)— (a) in paragraph (a), for “or (h)” substitute...
    • ‼️ Justice System

      The amendment could potentially increase the fairness of the legal process by allowing more decisions to be appealed.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 96(5) of the Enterprise Act 2002

    The bill proposes to amend Section 96(5) of the Enterprise Act 2002 to change the publication of merger notices from the London, Edinburgh and Belfast Gazettes to online platforms.

    Exemplar quote from bill: ...n 51(2A), (3)”. (4) 20 In Chapter 5 of Part 3 (mergers: supplementary), in section 107(2)(j), for “section 51(8)(b)” substitute “section 51(7A)(b) or (8)(b)”. 129 Publication of merger notices online ...In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary), in section 96(5) (merger notices), for “in the London, Edinburgh and Belfast Gazettes” substitute “online”.... CHAPTER 3 25 MARKETS 130 Market studies: removal of time-limit on pre-reference consultation (1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as fo...
    • ‼️ Economic Impact

      This change could potentially increase the accessibility and visibility of merger notices, impacting businesses and investors.

    • ‼️ Freedom of Information

      The amendment could potentially increase the accessibility of information to the public.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Chapter 1—Provision of investigative assistance to overseas regulators

    The bill proposes that the Secretary of State must publish any general authorisation given to a relevant regulator to assist an overseas regulator, as well as any notice of withdrawal of such a general authorisation.

    Exemplar quote from bill: ...f a particular description (including in respect of requests from particular overseas regulators). (3) The Secretary of State may withdraw any general authorisation given under subsection (2)(b). (4) ...The Secretary of State must publish— (a) any general authorisation given under subsection (2)(b); (b) notice of any withdrawal of a general authorisation under subsection (3)....3). (5) In considering whether to authorise R to assist O (whether specifically or generally), the Secretary of State must have regard to whether— (a) 35 O’s request for assistance is made under, or i...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • ‼️ Freedom of Information

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 246

    The bill proposes to substitute section 246 with a new section 246A that provides definitions for terms such as "commercial information", "confidential information", "overseas public authority", "private information", and "sensitive information".

    Exemplar quote from bill: ...o far as practicable)” to the end of paragraph (b) substitute “any commercial information or private information”. (4) In section 245 (offences) in subsection (2), for “243(4)” substitute “243E”. (5) ...For section 246 substitute— “246A Interpretation In this Part— “commercial information” means information relating to any business of an undertaking whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks might significantly harm the undertaking’s legitimate business interests; “confidential information” means commercial information, private information or sensitive information; “overseas public authority” means a person or body in any country or territory outside the United Kingdom which appears to the discloser (within the meaning of any of sections 243A to 243C) to exercise functions of a public nature in relation to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b); “private information” mean information relating to the private affairs of an individual whose disclosure the public authority concerned, or for the purposes of section 243C the Secretary of State, thinks might significantly harm the individual’s interests; “sensitive information” means information whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks would be contrary to the public interest;...ublic interest; 216 Digital Markets, Competition and Consumers Bill Part 5—Miscellaneous Chapter 2—Disclosing information overseas “subordinate legislation” has the same meaning as in section 21(1) o...
    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Paragraph 32, sub-paragraph (3) of the Digital Markets, Competition and Consumers Act 2023

    The bill proposes to amend paragraph 32, sub-paragraph (3) of the Digital Markets, Competition and Consumers Act 2023, replacing "a Schedule 13 enforcer" with "an authorised enforcer" and "Schedule 13 infringement" with "relevant infringement (as defined by paragraph 20(8))".

    Exemplar quote from bill: ... (ii) 10 for “Schedule 13 infringement” substitute “relevant infringement (as defined by paragraph 20(8))”; (b) in paragraph (c) for “a Schedule 13 enforcer” substitute “an authorised enforcer”. (12) ...In paragraph 32, in sub-paragraph (3)— (a) in paragraph (b)— (i) for “a Schedule 13 enforcer” substitute “an authorised enforcer”; (ii) for “Schedule 13 infringement” substitute “relevant infringement (as defined by paragraph 20(8))”; (b) in paragraph (c) for “a Schedule 13 enforcer” substitute “an authorised enforcer”....13) In paragraph 45, in sub-paragraph (1), for paragraph (a) substitute— “(a) Chapter 3 of Part 3 of the Digital Markets, Competition and 20 Consumers Act 2023,”. SCHEDULE 17 Section 209 PART 3: TRANS...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Consumer Rights

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 7—Enforcement and appeals

    The bill introduces a new provision that a decision by the Competition and Markets Authority (CMA) becomes final either when the time for appealing against the decision expires without an appeal having been brought, or when an appeal and any further appeal has been decided or has otherwise ended, and the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.

    Exemplar quote from bill: ...section 100) and the Tribunal are bound by a CMA breach decision once it has become final. Digital Markets, Competition and Consumers Bill 59 Part 1—Digital Markets Chapter 7—Enforcement and appeals ...(2) A CMA breach decision becomes final— (a) when the time for appealing against the decision expires without an appeal having been brought, or (b) where an appeal has been brought against the decision, when— (i) the appeal and any further appeal in relation to the decision 5 has been decided or has otherwise ended, and (ii) the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.... (3) This section applies to the extent that the appropriate court or the Tribunal 10 would not otherwise be bound by the CMA breach decision in question. (4) In this section, a “CMA breach decision” ...
    • ‼️ Justice System

      This change could potentially affect the justice system by providing a clear timeline for when a CMA decision becomes final, which could impact the length and process of legal proceedings.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 7—Enforcement and appeals

    The bill introduces a new provision that allows for court or Tribunal rules to make provision for the CMA to assist the appropriate court or the Tribunal in proceedings brought in respect of a breach, or an alleged breach, of a relevant requirement.

    Exemplar quote from bill: ...decision in question. (4) In this section, a “CMA breach decision” is a decision by the CMA in accordance with this Part that a person has breached a relevant requirement (as defined in section 100). ...(5) Rules of court or Tribunal rules may make provision in respect of assistance 15 to be given by the CMA to the appropriate court or the Tribunal in proceedings brought otherwise than by the CMA in respect of a breach, or an alleged breach, of a relevant requirement.... Applications for review 102 Applications for review etc 20 (1) A person with a sufficient interest in any decision to which subsection (2) applies may apply to the Tribunal in accordance with Tribuna...
    • ‼️ Justice System

      This change could potentially affect the justice system by allowing for the CMA to assist in court or Tribunal proceedings, which could impact the process and outcomes of these proceedings.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 7—Enforcement and appeals

    The bill introduces a new provision that allows a person with a sufficient interest in any decision to apply to the Tribunal for a review of that decision.

    Exemplar quote from bill: ...n by the CMA to the appropriate court or the Tribunal in proceedings brought otherwise than by the CMA in respect of a breach, or an alleged breach, of a relevant requirement. Applications for review ...102 Applications for review etc 20 (1) A person with a sufficient interest in any decision to which subsection (2) applies may apply to the Tribunal in accordance with Tribunal rules for a review of that decision.... (2) 25 This subsection applies to any decision made by the CMA in connection with its digital markets functions (including a decision not to exercise a function) apart from— (a) a decision made by th...
    • ‼️ Justice System

      This change could potentially affect the justice system by providing a mechanism for individuals to seek a review of a decision, which could impact the outcomes of these decisions and the process of legal proceedings.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 8—Administration etc

    The bill introduces a new provision that allows the CMA to extend a relevant investigation period or a final offer period by up to 3 months if it considers that there are special reasons for doing so.

    Exemplar quote from bill: ...riate court” means— (a) in relation to England and Wales or Northern Ireland, the Court of Appeal, or (b) in relation to Scotland, the Court of Session. CHAPTER 8 30 ADMINISTRATION ETC Administration ...103 Extension etc of periods (1) 35 The CMA may publish a notice extending a relevant investigation period or a final offer period by a period of up to 3 months where it considers that there are special reasons for doing so.... (2) A notice under subsection (1) must specify how long the extension is for. Digital Markets, Competition and Consumers Bill 61 Part 1—Digital Markets Chapter 8—Administration etc (3) The CMA may a...
    • ‼️ Justice System

      This change could potentially affect the justice system by providing the CMA with the ability to extend investigation periods, which could impact the length and process of legal proceedings.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 8—Administration etc

    The bill introduces a new provision that allows the CMA to make a reference to the CMA chair for the constitution of a group in respect of any non-reserved digital markets function.

    Exemplar quote from bill: ...ection 103(3), and (b) the further extension overlaps with a previous extension under section 103(3), 15 the period of overlap is to be disregarded in calculating the period of the further extension. ...105 Exercise and delegation of functions (1) The CMA may make a reference to the CMA chair for the constitution of a group under Schedule 4 to ERRA 2013 in respect of any non-reserved digital markets function.... (2) A reference under this section must specify the non-reserved digital markets 20 function in respect of which the reference is made (“the referred function”). (3) A CMA group constituted under ERR...
    • ‼️ Justice System

      This change could potentially affect the justice system by providing the CMA with the ability to delegate functions, which could impact the process and outcomes of legal proceedings.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Sub-paragraphs (2) and (2A) of the CMA Board

    The bill proposes a change to the composition of committees or sub-committees of the CMA Board. It stipulates that such committees cannot be authorised to carry out any functions unless they include at least two members of the Board who are not CMA staff, or the chair and at least one non-staff Board member. Additionally, at least half of the committee members must be either non-staff Board members or members of the CMA panel.

    Exemplar quote from bill: ...pro-competition intervention); (g) 20 whether to replace a pro-competition order under section 51 of the 2023 Act; (h) whether to revoke a pro-competition order under section 52 of the 2023 Act. (2B) ...A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless— (a) the committee or sub-committee includes— (i) at least two members of the Board who are not members of the CMA’s staff, or (ii) the chair and at least one member of the Board who is not a member of the CMA’s staff, and (b) at least half of the members of the committee or sub-committee are— (i) members of the Board who are not members of the CMA’s staff, or (ii) members of the CMA panel....panel.” 35 (9) After sub-paragraph (3) insert— “(4) The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA ...
    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 39 and Section 40 of the Enterprise Act 2002

    The bill proposes amendments to the Enterprise Act 2002, specifically to sections 39 and 40, to allow for the extension of certain periods under mutual agreement between the Competition and Markets Authority (CMA) and the concerned enterprises. The extension can be cancelled earlier if both parties agree and the CMA publishes its decision.

    Exemplar quote from bill: ... 79 Part 2—Competition Chapter 2—Mergers the CMA may extend the original period by the extension period.”; (b) in subsection (7), after “subsection” insert “(2A),”; (c) after that subsection insert— ...“(7A) An extension under subsection (2A) continues in force until— 5 (a) the end of the extension period, or (b) an earlier time if, before end of that period— (i) the CMA and the persons carrying on the 10 enterprises concerned agree that the extension should be cancelled with effect from the earlier time, and (ii) the CMA publishes its decision to cancel the extension with effect from that time.”... (3) In section 40 (section 39: supplementary)— (a) for subsection (3) substitute— 15 “(3) A period extended under any of subsections (2A), (3) or (4) of section 39 (each an “extension provision”) may...
    • ‼️ Economic Impact

      The amendment could potentially impact the duration of investigations or other processes involving the CMA and enterprises, which could have economic implications for the businesses involved.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 131B and Section 131C of the Enterprise Act 2002

    The bill proposes to amend sections 131B and 131C of the Enterprise Act 2002, removing certain subsections and paragraphs related to time-limits for market studies and decisions to refer.

    Exemplar quote from bill: ...25 MARKETS 130 Market studies: removal of time-limit on pre-reference consultation (1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows. (2) ...In section 131B (market studies and the making of decisions to refer: 30 time-limits) omit subsections (1) to (3). (3) In section 131C (time-limits under section 131B: supplementary)— (a) in subsection (1) omit paragraph (a); (b) in subsection (2) omit paragraph (a) and the “or” after it.... Digital Markets, Competition and Consumers Bill 81 Part 2—Competition Chapter 3—Markets 131 Scope of market investigations (1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigation...
    • ‼️ Economic Impact

      The removal of these time-limits could potentially impact the duration and process of market studies and decisions to refer, which could have implications for businesses and the economy.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Provisional breach of undertakings enforcement notice

    The bill introduces a new enforcement mechanism, the "provisional breach of undertakings enforcement notice", which the Competition and Markets Authority (CMA) can issue if it believes a person has failed to comply with an undertaking.

    Exemplar quote from bill: ...tal Markets, Competition and Consumers Bill 119 Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA 181 Provisional breach of undertakings enforcement notice (1) ...This section applies where— (a) the CMA has accepted an undertaking from a person (“the respondent”) under section 178, and (b) the CMA has reasonable grounds to believe that the respondent has 5 failed to comply with one or more of the terms of the undertaking. (2) The CMA may give to the respondent a notice under this section (a “provisional breach of undertakings enforcement notice”).... (3) A provisional breach of undertakings enforcement notice must— (a) set out the grounds on which it is given, including the respondent’s 10 alleged acts or omissions giving rise to the belief menti...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Final breach of undertakings enforcement notice

    The bill introduces a "final breach of undertakings enforcement notice", which the CMA can issue if, after considering any representations, it is satisfied that a person has failed to comply with an undertaking.

    Exemplar quote from bill: .... 120 Digital Markets, Competition and Consumers Bill Part 3—Enforcement of consumer protection law Chapter 4—Direct enforcement powers of CMA 182 Final breach of undertakings enforcement notice (1) ...This section applies where— (a) the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 181, (b) the time for the respondent to make representations to the CMA in 5 accordance with that notice has expired, and (c) after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with one or more of the terms of the undertaking. (2) The CMA may give to the respondent a notice under this section (a “final 10 breach of undertakings enforcement notice”).... (3) A final breach of undertakings enforcement notice may, subject to subsection (4), impose on the respondent a requirement to do either or both of the following— (a) to comply with such directions ...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Monetary penalties under section 182: amount

    The bill introduces a new provision for monetary penalties, which can be imposed on a person who fails to comply with a final breach of undertakings enforcement notice. The penalty can be a fixed amount, an amount calculated by reference to a daily rate, or a combination of both.

    Exemplar quote from bill: ...(6) The CMA may publish a final breach of undertakings enforcement notice in such manner, and to such extent, as the CMA considers appropriate. 183 Monetary penalties under section 182: amount (1) 40 ...This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of undertakings enforcement notice. (2) The amount of the penalty must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) 5 a combination of a fixed amount and an amount calculated by reference to a daily rate....mount calculated by reference to a daily rate, or (c) 5 a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) The penalty must not exceed— (a) in the case of a fix...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Provisional breach of directions enforcement notice

    The bill introduces a "provisional breach of directions enforcement notice", which the CMA can issue if it believes a person has failed to comply with an enforcement direction without reasonable excuse.

    Exemplar quote from bill: ... 20 to accumulate on the day on which the requirements of the final breach of undertakings enforcement notice are complied with. Directions 184 Provisional breach of directions enforcement notice (1) ...This section applies where— (a) 25 an enforcement direction has been given to a person (“the respondent”), and (b) the CMA has reasonable grounds to believe that the respondent has without reasonable excuse failed to comply with the direction (fully or to any respect). (2) 30 The CMA may give to the respondent a notice under this section (a “provisional breach of directions enforcement notice”).... (3) A provisional breach of directions enforcement notice must— (a) set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the belief mentioned in subse...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "associate" and "relative"

    The bill introduces a detailed definition of who can be considered an "associate" of an individual, including spouses, relatives, household members, past associates, and business partners. It also defines "relative" as a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.

    Exemplar quote from bill: ... person is entitled to exercise or control the exercise of one third or more of the voting power at any general meeting of the body corporate or of another body corporate which is its controller. (4) ...A person (“P”) is an associate of an individual if— 15 (a) P is the spouse or civil partner of the individual; (b) P is a relative of the individual; (c) P is a relative of the individual’s spouse or civil partner; (d) P is the spouse or civil partner of a relative of the individual; (e) P is a spouse or civil partner of a relative of the individual’s spouse 20 or civil partner; (f) P lives in the same household as the individual otherwise than merely because P, or the individual, is the other’s employer, tenant, lodger or boarder; (g) P is the relative of a person who is an associate of the individual by 25 virtue of paragraph (f); (h) P has at some time in the past fallen within any of paragraphs (a) to (g); (i) P is in partnership with the individual; (j) the individual is an associate of an individual with whom P is in 30 partnership.... (5) A person (“P”) is an associate of a body corporate if— (a) P is a controller of the body corporate, or (b) P is an associate of a person who is a controller of the body corporate. (6) A body corp...
    • ‼️ Human Rights

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4—Consumer rights and disputes, Chapter 1—Protection from unfair trading

    The bill proposes that the changes in this chapter will only apply to acts or omissions that occur after the commencement date of the bill.

    Exemplar quote from bill: ...on arising by virtue of rights of redress under 30 Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2023;”. 245 Transitional and saving provision relating to this Chapter (1) ...This Chapter applies only in relation to an act or omission which takes place on or after the commencement date.... Digital Markets, Competition and Consumers Bill 161 Part 4—Consumer rights and disputes Chapter 1—Protection from unfair trading (2) The CPUTR 2008 continue to have effect in relation to any act or ...
    • ‼️ Consumer Protection

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Extension and revocation of accreditations

    The bill proposes that an extension of an accreditation is not time-limited unless the Secretary of State determines otherwise. The Secretary of State also has the power to revoke the accreditation on the application of the ADR provider.

    Exemplar quote from bill: .... (10) The Secretary of State may only extend an accreditation if satisfied that the 20 accreditation criteria will be met by or in relation to the applicant after the accreditation is extended. (11) ...An extension of an accreditation is not time limited unless the Secretary of State determines that the extension is to have effect for a limited period and the notice of the decision on the application for extension......— (a) states that the extension is time limited (unless made permanent following a subsequent application by the ADR provider), (b) specifies the period for which the extension has effect, and (c) 30 ...
    • ‼️ Justice System

      This change could potentially affect the justice system by altering the duration and validity of accreditations.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Enforcement notices

    The bill proposes that the Secretary of State may give an enforcement notice to an ADR provider if they are found to be contravening certain prohibitions, conditions, or duties.

    Exemplar quote from bill: ...etition and Consumers Bill 197 Part 4—Consumer rights and disputes Chapter 4—Alternative dispute resolution for consumer contract disputes Enforcement of prohibitions etc 294 Enforcement notices (1) ...The Secretary of State may give an enforcement notice to an ADR provider if satisfied that the provider is contravening, or has contravened, any one or more of the following...... (a) the prohibition in section 286(1) or (2); (b) the prohibition in section 287(1) or (3); (c) a condition on its accreditation; (d) the duty to pay a fee due under section 292(1); (e) a duty impose...
    • ‼️ Justice System

      This change could potentially affect the justice system by introducing a new enforcement mechanism for ADR providers.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    ADR information regulations

    The bill proposes that the Secretary of State may require certain persons to provide ADR information to the Secretary of State, to a person with functions conferred by regulations, or to consumers by publishing it.

    Exemplar quote from bill: ...tition and Consumers Bill Part 4—Consumer rights and disputes Chapter 4—Alternative dispute resolution for consumer contract disputes Provision of Information etc 295 ADR information regulations (1) ...The Secretary of State may by regulations require persons of a specified description (being persons within subsection (2))— (a) to provide ADR information to the Secretary of State; (b) to provide ADR information to a person with functions conferred by regulations under section 299; (c) to provide ADR information to consumers by publishing it....t. (2) Regulations under this section may impose requirements on— (a) accredited ADR providers, 10 (b) exempt ADR providers, (c) persons (not being accredited or exempt ADR providers) who carry out AD...
    • ‼️ Justice System

      This change could potentially affect the justice system by introducing new information requirements for certain persons.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Provision of investigative assistance to overseas regulators

    The bill proposes the provision for a relevant regulator to assist an overseas regulator in carrying out functions that correspond or are similar to the functions of the relevant regulator under a relevant enactment. This assistance is subject to the request of the overseas regulator, the relevant regulator's consideration of appropriateness, and the authorisation of the Secretary of State.

    Exemplar quote from bill: ...e coming into force of section 300. PART 5 MISCELLANEOUS CHAPTER 1 10 PROVISION OF INVESTIGATIVE ASSISTANCE TO OVERSEAS REGULATORS 303 Provision of investigative assistance to overseas regulators (1) ...A relevant regulator (“R”) may assist an overseas regulator (“O”) in accordance with the table in subsection (2) where— (a) O makes a request to R (see section 304) for R to assist O’s carrying out of functions— (i) which correspond or are similar to functions of R under a relevant enactment, but (ii) which are not functions relating to the investigation of crime or the bringing of criminal proceedings, (b) R considers that it would be appropriate to assist O (see section 305), and (c) the Secretary of State authorises R to assist O (see section 306).... 306). (2) The table in this subsection is— The regulator may assist the overseas 25 regulator by— The regulator that may assist the overseas regulator is— Where the enactment in question is— 30 exerc...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 1—Provision of investigative assistance to overseas regulators

    The bill proposes that the Secretary of State may authorise a relevant regulator to assist an overseas regulator either in relation to one or more specific requests for assistance, or generally in respect of requests for assistance of a particular description.

    Exemplar quote from bill: ...306 Authorisation of the provision of investigative assistance (1) This section makes provision about how the Secretary of State authorises R 20 to assist O for the purposes of section 303(1)(c). (2) ...The Secretary of State may authorise R to assist O either— (a) in relation to one or more specific requests for assistance, or (b) generally in respect of requests for assistance of a particular description (including in respect of requests from particular overseas regulators)....s). (3) The Secretary of State may withdraw any general authorisation given under subsection (2)(b). (4) The Secretary of State must publish— (a) any general authorisation given under subsection (2)(b...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 23 (relevant merger situations)

    The bill proposes to amend Section 23 of the Enterprise Act 2002, which deals with relevant merger situations. The amendment increases the threshold for the value of the enterprise being taken over from £70 million to £100 million. It also introduces a new condition that the turnover of the enterprise being taken over or any other enterprise concerned must exceed £10 million.

    Exemplar quote from bill: ...EVANT AND SPECIAL MERGER SITUATIONS 1 Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows. 2 (1) Section 23 (relevant merger situations) is amended as follows. (2) ...In subsection (1), in paragraph (b), for “£70 million” substitute “£100 million”....n”. (3) In subsection (2)— (a) omit the “and” at the end of paragraph (a); (b) at the end insert “; and (c) the value of the turnover in the United Kingdom of— 35 (i) the enterprise being taken over, ...
    • ‼️ Economic Impact

      This amendment could potentially impact the business landscape by changing the criteria for what constitutes a relevant merger situation. This could affect the number of mergers that fall under the purview of the Enterprise Act 2002, potentially reducing regulatory scrutiny for some mergers while increasing it for others.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 22 and Section 33 of EA 2002

    The bill proposes amendments to Section 22 and Section 33 of the Enterprise Act 2002 (EA 2002). The amendments require the Competition and Markets Authority (CMA) to make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA has decided to accept a fast-track reference request.

    Exemplar quote from bill: ...EA 2002 (mergers: duty to make references) is amended as follows. 2 Section 22 (duty to make references in relation to completed mergers) is 5 amended as follows. (1) (2) After subsection (1) insert— ...“(1A) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA has decided, under section 34ZF(2), to accept a fast-track reference request.”...t.” (3) In subsection (2), in the words before paragraph (a), for “this section” substitute “subsection (1)”. (4) 15 In subsection (3), in the words before paragraph (a), for “this section” substitute...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 34ZD, 34ZE, and 34ZF of EA 2002

    The bill proposes the insertion of new sections 34ZD, 34ZE, and 34ZF into the EA 2002. These new sections outline the conditions, procedure, and acceptance criteria for fast-track reference requests to the CMA.

    Exemplar quote from bill: ...ons 34ZA and 34ZB: supplementary), in subsection 5 (1), for “period mentioned in” substitute “initial period for the purposes of”. 7 After section 34ZC (sections 34ZA and 34ZB: supplementary) insert— ...“34ZD Fast-track reference requests (1) Subsection (2) applies where the following conditions are met— (a) arrangements or proposed arrangements might have resulted or might result in the creation of a relevant merger situation (the “arrangements concerned”), (b) no reference has been made under section 22 or 33 in respect of the arrangements concerned, and (c) the CMA has not informed the persons carrying on the enterprises concerned of a decision that the duty to make a reference under section 22(1) or 33(1) does not apply in respect of those arrangements.”...ents. (2) The persons carrying on the enterprises concerned may make a 20 fast-track reference request to the CMA at any time before the end of the initial period (whether or not that period has begun...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 155 of EA 2002

    The amendment modifies Section 155 of EA 2002 to substitute "154" with "154A". It also replaces subsection (3) with a new provision that specifies the matters to be included in a notice under subsection (1).

    Exemplar quote from bill: ...ing or releasing an undertaking under this section. (10) This section is subject to sections 150 and 155.” 9 Section 155 (undertakings in lieu: procedural requirements) is amended as follows. (1) (2) ...In subsection (1), for “154” substitute “154A”.... 25 (3) For subsection (3) substitute— “(3A) The matters to be included in a notice under subsection (1) by virtue of subsection (2) include, in particular, the adverse effect on 30 competition, and a...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 161C

    The bill proposes a new process for the publication of a final implementation trial notice by a relevant authority. This can only occur after a provisional notice has been published, the time for participants to make representations has expired, and the authority deems it appropriate to begin an implementation trial.

    Exemplar quote from bill: ...ade. (3) The time specified under subsection (2)(f) by which representations 25 must be made must be at least 15 days after the date on which the provisional implementation trial notice is published. ...(4) A relevant authority may publish a final implementation trial notice only where— (a) the relevant authority has published a provisional 30 implementation trial notice under subsection (1), (b) the time for the implementation trial participants to make representations to the relevant authority in accordance with the notice has expired, and (c) after considering such representations (if any), it appears to 35 the relevant authority that it is appropriate to begin an implementation trial under section 161C(4).... (5) A final implementation trial notice must specify— (a) 40 the implementation trial measures the relevant authority intends to impose for the purposes of the implementation trial, (b) in relation t...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 161E

    The bill introduces a requirement for the relevant authority to inform a person about the potential consequences of non-compliance before accepting an undertaking from them under section 161C.

    Exemplar quote from bill: ...duct trials (i) how the relevant authority intends to assess the likely effect of the measure, and (ii) the last day on which the measure is to have effect. 161E Implementation trials: supplementary ...(1) The relevant authority may not accept an undertaking from a person 5 under section 161C unless it has provided the person with information about the possible consequences of failing to comply with the undertaking.... (2) 10 The CMA may not begin an implementation trial under section 161C(4)— (a) in respect of qualifying remedial action that would be taken in accordance with subsection (2) of section 138, after th...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 162B

    The bill mandates the Competition and Markets Authority (CMA) to continually review the effectiveness of the implementation trial measures.

    Exemplar quote from bill: ...4)) insert— 35 “162B Power to vary etc undertakings and orders: implementation trials (1) This section applies in relation to implementation trial measures imposed in accordance with section 161C. (2)...(2) The CMA must keep under review the effectiveness of the implementation trial measures.... 246 Digital Markets, Competition and Consumers Bill Schedule 7—Final undertakings and orders: power to conduct trials (3) The CMA must, in particular, from time to time consider— (a) whether an impl...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 43 (destroying or falsifying documents)

    The bill proposes to insert a new provision in Section 43, which states that a person is not guilty of destroying or falsifying documents if the Competition and Markets Authority (CMA) has already proceeded against the person under section 40ZE(1).

    Exemplar quote from bill: ...f any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).” 12 In section 43 (destroying or falsifying documents), after subsection (1) 5 insert— “(1A) ...A person is not guilty of an offence under subsection (1) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1)....” 13 In section 44 (false or misleading information), after subsection (2) insert— 10 “(2A) A person is not guilty of an offence under this section by reason of any act or omission in relation to whic...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 44 (false or misleading information)

    The bill proposes to insert a new provision in Section 44, which states that a person is not guilty of providing false or misleading information if the Competition and Markets Authority (CMA) has already proceeded against the person under section 40ZE(1).

    Exemplar quote from bill: ... of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).” 13 In section 44 (false or misleading information), after subsection (2) insert— 10 “(2A) ...A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1)....” PART 2 INVESTIGATIONS UNDER PART 3 OF EA 2002 (MERGERS) 15 14 In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary: investigation powers) is amended as follows. 15 Section 110 (enforcement of po...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Enterprise Act 2002, Sections 112 to 115

    The bill proposes to apply sections 112 to 115 of the Enterprise Act 2002 to penalties imposed under section 35A(1) of the same Act, with certain modifications.

    Exemplar quote from bill: ...he amount payable ceases to accumulate at the beginning of the day on which the 20 person adheres to the commitments or complies with the direction (as the case may be) referred to in section 35A(1). ...(6) Sections 112 to 115 of the Enterprise Act 2002 apply in relation to a penalty imposed under section 35A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications—... (a) any reference in those provisions to the appropriate authority 25 is to be read as a reference to the CMA only; (b) section 114(5A) is to be read as if the words “In the case of a penalty imposed...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 60 of the Civil Aviation Act 2012

    The amendment to Section 60 of the Civil Aviation Act 2012 includes the addition of "167C" to subsection (2), expanding the functions of the CAA under Part 4 of EA 2002.

    Exemplar quote from bill: ...Chapter 2 of Part 1 (regulation of operators 20 of dominant airports: competition) is amended as follows. 2 Section 60 (functions of the CAA under Part 4 of EA 2002) is amended as follows. (1) (2) 25 ...In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”.... (3) In subsection (3), in paragraph (a), after “166” insert “, 167C”. 3 In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C...
    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 3 of Part 1 of CA 1998 (investigation and enforcement)

    The bill proposes to insert a new section, 44B, into Chapter 3 of Part 1 of CA 1998. This new section pertains to the extra-territorial application of notices under sections 26 and 40ZD.

    Exemplar quote from bill: ... after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. Extra-territoriality of notices under CA 1998 and EA 2002 15 ...In Chapter 3 of Part 1 of CA 1998 (investigation and enforcement), after section 44A (inserted by paragraph 2) insert— “44B Extra-territorial application of notices under sections 26 and 40ZD... 40 (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. Digital Markets, Competition and Consumers Bill 281 Schedule 11—Service and extra-te...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Part 4 of EA 2002 (market studies and market investigations), section 181 (orders under Part 4)

    The bill proposes several amendments to Part 4 of the Enterprise Act 2002, specifically section 181. The changes include the addition of "and regulations" to the heading and subsections (1) and (2), the substitution of "section 174D" with "section 174A(10)" and the replacement of the annulment process with a negative procedure. It also introduces new subsections (4A), (5A), (5B), (11), and (12) which detail the procedures for regulations made under various sections and the conditions for orders or regulations under the affirmative and negative procedures.

    Exemplar quote from bill: ...tion of either House of Parliament.” Digital Markets, Competition and Consumers Bill 285 Schedule 12—Orders and regulations under CA 1998 and EA 2002 Orders and regulations under Part 4 of EA 2002 3 ...In Part 4 of EA 2002 (market studies and market investigations), section 181 (orders under Part 4) is amended as follows.... (1) (2) In the heading, after “Orders” insert “and regulations”. (3) In subsection (1), after “order” insert “or regulations”. 5 (4) In subsection (2), after “order” insert “or regulations”. (5) In s...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 17—Part 3: transitional and saving provisions in relation to Part 3

    The bill proposes that the old law will continue to apply in cases where conduct took place before the commencement date of the new law, for enforcement action related to breaches of orders or undertakings under the old law, and for proceedings that have already started under the old law before the commencement date of the new law.

    Exemplar quote from bill: ...nt date, and (b) 5 any provisions of law (including in particular Schedule 5 to CRA 2015) relating to Part 8 of EA 2002, as those provisions had effect immediately before the commencement date. 2 (1) ...The old law continues to apply— (a) in respect of conduct of a person that takes place before the commencement date; (b) for the purposes of the taking of enforcement action relating to a breach of an order made by, or undertaking given to, the court under the old law; (c) in a case where proceedings before a court under the old law have been started against a person before the commencement date, for the purposes of the continuation and completion of those proceedings (including any appeals relating to the proceedings)....ings). (2) In sub-paragraph (1)(c) the reference to proceedings being started against a person is a reference to an application being made against the person under section 215 or 218ZA of EA 2002. (3)...
    • ‼️ Justice System

      This change ensures that ongoing legal proceedings and enforcement actions under the old law are not disrupted by the introduction of the new law. It provides legal certainty and continuity for those involved in such cases.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 17—Part 3: transitional and saving provisions in relation to Part 3

    The bill proposes that the new law will apply to ongoing conduct that continues after the commencement date of the new law. The new law will also apply to pre-commencement conduct for the purpose of enforcement action under certain chapters of Part 3.

    Exemplar quote from bill: ...kes rules for cases involving continuing conduct, and (b) paragraph 4, which makes rules for cases involving breach of undertakings given to enforcers. Rules applicable to continuing conduct 25 3 (1) ...This paragraph applies where conduct of a person is continuing conduct. (2) The new law applies in respect of the person’s post-commencement conduct. (3) The new law also applies in respect of the person’s pre-commencement conduct for the purposes of enabling the taking of enforcement action under Chapter 3 or 4 of Part 3 in relation to that conduct....ct. (4) Where the new law applies by virtue of sub-paragraph (3), a requirement under Chapter 3 or (as the case may be) Chapter 4 may be imposed on a person in respect of the relevant infringement in ...
    • ‼️ Justice System

      This change provides clarity on how the new law will apply to ongoing conduct that spans the transition from the old law to the new law. It ensures that enforcement action can be taken under the new law even for conduct that began before its commencement.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Excluded contracts

    The bill proposes a list of contracts that are excluded from the regulations. These include contracts between a consumer and an electricity supplier, a gas supplier, a heat supplier, a licensed water supplier, a licensed sewerage supplier, a water undertaker, and a sewerage undertaker.

    Exemplar quote from bill: ...t risk. Digital Markets, Competition and Consumers Bill 343 Schedule 18—Commercial practices which are in all circumstances considered unfair SCHEDULE 19 Section 248 EXCLUDED CONTRACTS Utilities 1 5 ...A contract between an electricity supplier and a consumer for the supply of electricity to any premises.... (1) (2) A contract between a gas supplier and a consumer for the supply of gas to any premises. (3) A contract between a heat supplier and a consumer for the supply of heating, cooling or hot water b...
    • ‼️ Consumer Rights

      These changes clarify the types of contracts that are not subject to the regulations, providing consumers with a clear understanding of their rights and protections under different types of contracts.

    • ‼️ Economic Impact

      These changes could have an economic impact by potentially affecting the practices of businesses and traders in the utilities sector.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 22 Section 288

    The bill introduces a list of exempt ADR (Alternative Dispute Resolution) providers and redress schemes. These include various ombudsman services, councils, and schemes related to estate agents, postal operators, social housing, public communications, financial services, lettings agency work, property management work, and the gas or electricity sector.

    Exemplar quote from bill: ...that Act applies. Package holidays etc. 5 20 A package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulation 2018 (S.I. 2018/634). SCHEDULE 22 Section 288 ...EXEMPT ADR PROVIDERS PART 1 LIST OF EXEMPT PERSONS The Commission for Local Administration in England (also known as the Local 25 Government and Social Care Ombudsman) and each Local Commissioner within the meaning of section 23(3) of the Local Government Act 1974 The Consumer Council for Water The Health Service Commissioner for England The Legal Ombudsman 30 The Northern Ireland Public Services Ombudsman The Office of the Independent Adjudicator for Higher Education (registered company number 04823842) in relation to its functions as the designated operator under section 13 of the Higher Education Act 2004 Digital Markets, Competition and Consumers Bill 357 Schedule 22—Exempt ADR providers Part 1—List of exempt persons The Parliamentary Commissioner for Administration The Pensions Ombudsman The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru The Scottish Legal Complaints Commission 5 The Scottish Public Services Ombudsman PART 2 EXEMPT REDRESS SCHEMES An approved estate agents redress scheme An approved postal operators redress scheme 10 An approved social housing ombudsman scheme Approved public communications provider dispute procedures The Financial Ombudsman Scheme A qualifying lettings agency work redress scheme A qualifying property management work redress scheme 15 A qualifying redress scheme for the gas or electricity sector... PART 3 SUPPLEMENTARY 1 In this Schedule— “approved estate agents redress scheme” means an approved redress 20 scheme within the meaning of section 23A of the Estate Agents Act 1979; “approved postal ...
    • ‼️ Justice System

      The exemption of these ADR providers and redress schemes could potentially impact the justice system by altering the mechanisms through which disputes in these areas are resolved.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2023

    The bill proposes the insertion of Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2023 into the table in paragraph 11 of the enforcer's legislation.

    Exemplar quote from bill: ...in paragraph 1, the definition of “ADR entity”; (b) paragraph 2(2); (c) paragraph 14(3A). 25 Consumer Rights Act 2015 2 (1) Schedule 5 to CRA 2015 (investigatory powers etc) is amended as follows. (2)...“In the table in paragraph 11 (enforcer’s legislation: legislation mentioned in paragraph 9(1)(b)), at the appropriate place insert— Chapter 4 of Part 4 of the Digital Markets, Competition and Consumers Act 2023”...23” “The Secretary of State Digital Markets, Competition and Consumers Bill 361 Schedule 24—Chapter 4 of Part 4: consequential amendments etc Alternative Dispute Resolution for Consumer Disputes (Com...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Part 3 of EA 2002

    The bill proposes amendments to Part 3 of the Enterprise Act 2002.

    Exemplar quote from bill: ...olution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542) are revoked. SCHEDULE 25 Section 309 5 PROVISION OF INVESTIGATIVE ASSISTANCE TO OVERSEAS REGULATORS...“Amendments to Part 3 of EA 2002”...1 Chapter 5 of Part 3 of EA 2002 (mergers: supplementary) is amended as follows. 2 In section 110A (restriction on powers to impose penalties under section 10 110), after subsection (9) insert— “(10) ...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Part 9 of EA 2002

    The bill proposes an amendment to Part 9 of the Enterprise Act 2002.

    Exemplar quote from bill: ...ulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.”...“Amendment to Part 9 of EA 2002”...30 5 In Part 9 of EA 2002 (information), in section 243E (directions by the Secretary of State relating to overseas disclosures) (inserted by section 310(2)), after subsection (2) insert— “(2A) 35 The...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    CA 1998

    The bill proposes amendments to the Competition Act 1998.

    Exemplar quote from bill: ... section 243A or 243B that relates to assistance provided by a relevant regulator to an overseas regulator by virtue of Chapter 1 of Part 5 of the Digital Markets, Competition and Consumers Act 2023.”...“Amendments to CA 1998”...6 CA 1998 is amended as follows. 40 Digital Markets, Competition and Consumers Bill 363 Schedule 25—Provision of investigative assistance to overseas regulators 7 Section 25A (power of CMA to publish...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    The Civil Aviation Act 2012

    The bill proposes amendments to the Civil Aviation Act 2012, specifically requiring the Civil Aviation Authority (CAA) to make decisions or take actions as soon as reasonably practicable.

    Exemplar quote from bill: ...of investigative assistance to overseas regulators SCHEDULE 26 Section 311 DUTY OF EXPEDITION ON SECTORAL REGULATORS IN RESPECT OF THEIR COMPETITION FUNCTIONS The Civil Aviation Authority (CAA) 1 (1)...“The Civil Aviation Act 2012 is amended as follows.”...5 (2) In section 61 (functions of the CAA under Part 4 of the Enterprise Act 2002: supplementary), after subsection (11) insert— “(12) In making any decision, or otherwise taking action, for the purpo...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    The Financial Services and Markets Act 2000

    The bill proposes amendments to the Financial Services and Markets Act 2000, specifically requiring the Financial Conduct Authority (FCA) to make decisions or take actions as soon as reasonably practicable.

    Exemplar quote from bill: ...” insert “, 167C”; (b) in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (5) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. 10 The Financial Conduct Authority (FCA) 7...“The Financial Services and Markets Act 2000 is amended as follows.”...8 Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows. (1) (2) In the list in subsection (3)— 15 (a) after the entry for section 166 of EA 2002 insert— “section 167C (sta...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 28 (turnover test)

    The bill proposes to amend Section 28 of the Enterprise Act 2002, which deals with the turnover test. The amendment changes the language from "sum" to "sums", indicating that multiple sums can be considered in the turnover test. It also expands the sections of the Act that are referenced in this section.

    Exemplar quote from bill: ...)” insert “, or of 33 per cent mentioned in 5 subsection (4D),”. (7) In subsection (6), for “and (4)” substitute “, (4), (4D) and (4F)(c)”. 3 (1) Section 28 (turnover test) is amended as follows. (2) ...In subsection (5)— (a) in paragraph (a)— 10 (i) for “sum” substitute “sums”; (ii) after “section 23(1)(b)” insert “, (2)(c) and (4E)”; (b) in paragraph (b), for “sum is” substitute “sums are”. (3) In subsection (6)— (a) after “section 23(1)(b)” insert “, (2)(c) or (4E)”; 15 (b) for “the sum” substitute “any of the sums”.... 4 In Chapter 2 of Part 3 of EA 2002 (mergers: public interest cases), in section 58A (construction of consideration specified in section 58(2C)), in subsection (1), for “section 58 and this section” ...
    • ‼️ Economic Impact

      This amendment could potentially impact the way the turnover test is applied, potentially affecting the number of mergers that meet the criteria for the test. This could have implications for the regulatory scrutiny of mergers.

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 131B of EA 2002

    The amendment modifies Section 131B of EA 2002 to include actions that have already been taken, not just proposed actions. It also substitutes "section 154" with "section 154A" in certain contexts.

    Exemplar quote from bill: ...isions to refer: time-limits) is amended as follows. (1) 236 Digital Markets, Competition and Consumers Bill Schedule 6—Acceptance of undertakings at any stage of a market study or investigation (2) ...In subsection (4), in paragraph (b), after “proposes to take” insert “, or has taken,”.... (3) In subsection (5), in paragraph (a), for “section 154 instead of” substitute “section 154A instead of, or in addition to,”. 3 Section 133A (functions to be exercised by CMA groups) is amended as ...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 133A of EA 2002

    The amendment modifies Section 133A of EA 2002 to include references to "section 154A" in relation to undertakings in lieu of a report.

    Exemplar quote from bill: ...(5), in paragraph (a), for “section 154 instead of” substitute “section 154A instead of, or in addition to,”. 3 Section 133A (functions to be exercised by CMA groups) is amended as 5 follows. (1) (2) ...In subsection (1), after paragraph (b) insert—“(ba) section 154A, so far as relating to undertakings in lieu of a report;”..... (3) In subsection (2), before paragraph (a) insert— 10 “(za) section 154A, so far as relating to undertakings in lieu of a report;”. 4 In section 136 (investigations and reports on market investigat...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 165

    The bill proposes amendments to section 165 to include references to section 161C.

    Exemplar quote from bill: ...ll PI reference 15 as that subsection applies to action taken by the Secretary of State under section 147A(2).” 6 In section 165 (procedural requirements for certain undertakings and orders: Part 4)— ...(a) after “section 159” insert “or 161C”; (b) for “or 161” substitute “, 161 or 161C”;... 7 Section 167 (rights to enforce undertakings and orders under Part 4) is 20 amended as follows. (1) (2) In subsection (1)— (a) the words from “any” to the end become paragraph (a); (b) after that pa...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    subsection (7)

    The amendment changes the reference in subsection (7) from "an order under subsection (4) or (5)" to "regulations under subsection (6A)".

    Exemplar quote from bill: ..., Competition and Consumers Bill Schedule 8—Civil penalties etc in connection with competition investigations Part 3—Investigations under Part 4 of EA 2002 (market studies and market investigations) ...(10) In subsection (7), in the words before paragraph (a), for “an order under subsection (4) or (5)” substitute “regulations under subsection (6A)”.... (11) In subsection (8), in paragraph (a)— (a) 5 for “notice under section 112” substitute “provisional penalty notice under section 112(A1)”; (b) for “subsection (10)” substitute “section 174A(10)”. ...
    • ‼️ Justice System

      This change could potentially affect the legal processes related to the enforcement of penalties under the Act.

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Enterprise Act 2002, Section 114

    The bill proposes to amend section 114(5A) of the Enterprise Act 2002 by omitting the words "In the case of a penalty imposed on a person by the CMA or OFCOM".

    Exemplar quote from bill: ...imposed under section 110(1) or (1A) of that Act, with the following modifications— (a) any reference in those provisions to the appropriate authority 40 is to be read as a reference to the CMA only; ...(b) section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted;... Digital Markets, Competition and Consumers Bill 251 Schedule 8—Civil penalties etc in connection with competition investigations Part 1—Investigations under Part 1 of CA 1998 (competition) (c) secti...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 94B

    The amendment modifies the language used in Section 94B, replacing "powers" with "functions" and "94A" with "94AA".

    Exemplar quote from bill: ...ion 35 enabling the appropriate authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).” 12 ...Section 94B (statement of policy in relation to powers under sections 94 and 94A) is amended as follows.... (1) (2) In the heading— (a) for “powers” substitute “functions”. 40 (b) for “94A” substitute “94AA”. (3) In subsection (1)— 270 Digital Markets, Competition and Consumers Bill Schedule 9—Civil penalt...
    • ‼️ Political Power

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 62 of the Competition Act 1998

    The bill proposes to amend Section 62 of the Competition Act 1998, specifically subsections (2) and (4), to include a reference to "35C" after "31D(1) to (6)".

    Exemplar quote from bill: ... (3), in paragraph (a), after “166” insert “, 167C”. 3 In section 61 (functions of the CAA under Part 4 of EA 2002: supplementary), in subsection (8), for “or 171” substitute “, 167C, 171 or 174E”. 4 ...(1) Section 62 (functions of the CAA under CA 1998) is amended as follows. 30 (2) In subsection (2), in the words after paragraph (b), after “31D(1) to (6)” insert “, 35C”. (3) In subsection (4), after “31D(1) to (6)” insert “, 35C”.... 5 35 In section 63 (functions of the CAA under CA 1998: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”. 274 Digital Markets, Competition and Consumers Bill Schedule 10—Civil ...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 86 of the Transport Act 2000

    The bill proposes to amend Section 86 of the Transport Act 2000, specifically subsection (2), to include a reference to "167C" after "166".

    Exemplar quote from bill: ...: supplementary), in subsection (1), after “31D(1) to (6)” insert “, 35C”. 274 Digital Markets, Competition and Consumers Bill Schedule 10—Civil penalties: amendments relating to sectoral regulators ...6 Section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) is amended as follows. (1) (2) In subsection (2), in the words before paragraph (a), after “166” insert “, 167C”.... (3) In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” 5 insert “, 35C”. (4) In subsection (4)— (a) in paragraph (a), after “166” insert “, 167C”; (b) in paragraph (b), after...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 234I of the Financial Services and Markets Act 2000

    The bill proposes to amend Section 234I of the Financial Services and Markets Act 2000, specifically subsection (3), to include a reference to "section 167C (statement of policy in relation to functions under sections 167 and 167A)" after the entry for section 166 of EA 2002.

    Exemplar quote from bill: ...t “, 35C”. (5) In subsection (7), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. 10 The Financial Conduct Authority (FCA) 7 The Financial Services and Markets Act 2000 is amended as follows. ...8 Section 234I (functions of the FCA under Part 4 of EA 2002) is amended as follows. (1) (2) In the list in subsection (3)— 15 (a) after the entry for section 166 of EA 2002 insert— “section 167C (statement of policy in relation to functions under sections 167 and 167A);”;... (b) after the entry for section 171 of EA 2002 insert— “section 174E (statement of policy on penalties).” 20 (3) In subsection (5), in paragraph (a) for “or 171” substitute “, 167C, 171 or 174E”. 9 (...
    • ‼️ Economic Impact

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Schedule 10—Civil penalties: amendments relating to sectoral regulators

    The bill proposes amendments to subsections (3), (3A), and (8) of Schedule 10, specifically inserting ", 35C" after "31D(1) to (6)". Additionally, subsection (9) is proposed to be omitted.

    Exemplar quote from bill: ...gital Markets, Competition and Consumers Bill Schedule 10—Civil penalties: amendments relating to sectoral regulators 15 (1) Section 371 (functions of OFCOM under CA 1998) is amended as follows. (2) ...In subsection (3), in the words before paragraph (a), after “31D(1) to (6)” insert “, 35C”.... (3) In subsection (3), in paragraph (a), after “31D(1) to (6)” insert “, 35C”. 16 (1) Section 392 (penalties imposed by OFCOM) is amended as follows. 5 (2) In subsection (1), after “the Competition A...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Part 3 of EA 2002 (mergers), in Chapter 5 (supplementary), for section 126 (service of documents)

    The bill proposes to substitute section 126 of Part 3 of EA 2002, which pertains to the service of documents in the context of mergers. The new section 126 will relate to the service of documents by the CMA, OFCOM, or the Secretary of State.

    Exemplar quote from bill: ...ill Schedule 10—Civil penalties: amendments relating to sectoral regulators SCHEDULE 11 Section 138 SERVICE AND EXTRA-TERRITORIALITY OF NOTICES UNDER CA 1998 AND EA 2002 Service of documents etc 1 5 ...In Part 3 of EA 2002 (mergers), in Chapter 5 (supplementary), for section 126 (service of documents) substitute— “126 Service of documents by the CMA, OFCOM or the Secretary of State... (1) This section applies in relation to any document required or 10 authorised under this Part to be served on a person by the CMA, OFCOM or the Secretary of State. (2) The document may be served by—...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Schedule 12 Section 139 ORDERS AND REGULATIONS UNDER CA 1998 AND EA 2002

    The bill proposes the insertion of a provision that regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure, and changes the procedure for regulations under subsection (5) to the negative procedure.

    Exemplar quote from bill: ...paragraph (a), for “No order is to be made” 15 substitute “An order made”; (b) for the words after paragraph (e) substitute “is subject to the affirmative procedure”. (3) After subsection (4) insert— ...“(4A) Regulations made under section 35B(7) or 40A(7A) are subject to 20 the affirmative procedure.” (4) In subsection (5)— (a) in paragraph (a), after “(4)” insert “or (4A)”; (b) 25 for the words after paragraph (b) substitute “is subject to the negative procedure”.... (5) After subsection (5) insert— “(6) Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to th...
    • ‼️ Political Power

      This change could potentially affect the balance of power between the legislative and executive branches, as it alters the procedures for approving certain regulations.

    • ‼️ Justice System

      This change could potentially impact the legal processes involved in the enforcement and interpretation of competition laws.

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Schedule 5 to CRA 2015 (investigatory powers)

    The bill proposes amendments to Schedule 5 of the CRA 2015, which pertains to investigatory powers.

    Exemplar quote from bill: ...e) so far as made under an enactment so listed Digital Markets, Competition and Consumers Bill 317 Schedule 14—Direct enforcement enactments SCHEDULE 15 Section 201 INVESTIGATORY POWERS Introductory ...1 Schedule 5 to CRA 2015 (investigatory powers) is amended as follows.... Penalties for non-compliance with information notices 5 2 (1) Paragraph 15 is amended in accordance with sub-paragraphs (2) and (3). (2) In sub-paragraph (3)— (a) in the opening words for “may” subst...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: Unknown
    • Type: amendment

    Section 76: Amendments to the Criminal Justice and Police Act 2001

    The bill proposes amendments to the Criminal Justice and Police Act 2001, though the specific amendments are not detailed in this excerpt.

    Exemplar quote from bill: ...t the powers conferred by section 74 are exercisable in relation to 35 information whether it is stored within or outside the United Kingdom. 76 Amendments to the Criminal Justice and Police Act 2001 ...(1) The Criminal Justice and Police Act 2001 is amended as follows.... 44 Digital Markets, Competition and Consumers Bill Part 1—Digital Markets Chapter 6—Investigatory powers etc and compliance reports (2) In section 50 (additional powers of seizure from premises), at...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵 Minor
    • Type: amendment

    Section 26 of CA 1998

    The bill proposes a rewording of section 26 of the Competition Act 1998, moving the word "indicate" from the introductory sentence to the beginning of paragraph (a).

    Exemplar quote from bill: ...petition), Chapter 3 (investigation and enforcement) is amended as follows. 2 30 In section 26 (investigations: powers to require documents and information), subsection (3) is amended as follows. (1) ...(2) In the words before paragraph (a) omit “indicate”. (3) In paragraph (a), at the beginning insert “indicate”.... (4) For paragraph (b) substitute— “(b) 35 include information about the possible consequences of failing to comply with the notice.” Digital Markets, Competition and Consumers Bill 249 Schedule 8—Civ...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵 Minor
    • Type: amendment

    Section 110 (enforcement of powers under section 109: general)

    The bill proposes to amend the heading of Section 110 from "general" to "imposition of penalties".

    Exemplar quote from bill: ...In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary: investigation powers) is amended as follows. 15 Section 110 (enforcement of powers under section 109: general) is amended as follows. (1) (2) ...In the heading, for “general” substitute “imposition of penalties”.... 20 (3) For subsection (1) substitute— “(1) The CMA may impose a penalty on a person in accordance with section 111 where the CMA considers that— (a) 25 the person has, without reasonable excuse, fail...
    • ‼️ Justice System

      (Variously affected)

    • ⚫ Notable
    • Impact: Unknown
    • Type: amendment

    Financial Services (Banking Reform) Act 2013

    The bill proposes amendments to the Financial Services (Banking Reform) Act 2013, though the specific changes are not detailed in the provided text.

    Exemplar quote from bill: ...5) In subsection (3A), after “31D(1) to (6)” insert “, 35C”. (6) In subsection (8), in paragraph (b), after “31D(1) to (6)” insert “, 35C”. (7) Omit subsection (9). 5 The Payment Systems Regulator 20 ...The Financial Services (Banking Reform) Act 2013 is amended as follows.... 21 Section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002) is amended as follows. (1) (2) In the list in subsection (3)— 10 (a) after the entry for section 166 of EA 2002 inse...
    • ‼️ Economic Impact

      (Variously affected)

That's everything!

Remember: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis. Read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3453