The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 1 and Savings and Transitional Provisions) Regulations 2024

PART 3Saving and transitional provision in relation to the coming into force of provision in Chapter 3 of Part 2 (Markets) of the Act

6.  The amendments made by section 134 of the Act (market studies: removal of time-limit on pre-reference consultation) have no effect in relation to cases where a market study notice is published under section 130A(1)(1) (duty to publish markets study notice) of EA 2002 before the commencement date.

7.—(1) The insertion of section 131B(9)(b) into EA 2002 made by section 135(4) of the Act (power to make a reference after previously deciding not to do so) applies with the modification described in sub-paragraph (2) where the CMA has, before the commencement date—

(a)published a market study notice; and

(b)decided not to make a reference under section 131(2) of EA 2002 in relation to the matter specified in the notice; but

(c)not published the market study report in relation to the market study notice.

(2) The modification in this paragraph is to read the words “preparation of the report” as though they were the words “the publication of the decision not to refer”.

8.  For the purposes of any variation of a market investigation reference under section 135(3) (variation of market investigation references) of EA 2002 on or after the commencement date, the amendments made by section 136 of the Act (scope of market investigations) apply in relation to a reference made under section 131 or 132(4) of EA 2002 before the commencement date as they apply in relation to any such reference made on or after that date.

9.—(1) The coming into force of section 137, (acceptance of undertakings at any stage of a market study or investigation) of, and Schedule 8 (acceptance of undertakings at any stage of a market study or investigation) to, the Act is subject to sub-paragraph (2).

(2) Paragraphs 8, 9, 10, 13 and 15 of Schedule 8 to the Act have no effect in relation to—

(a)an undertaking accepted under section 154 of EA 2002 before the commencement date;

(b)an undertaking accepted on or after the commencement date under section 154(5) of EA 2002, as that section continues to have effect by virtue of paragraph (a), that varies or supersedes an undertaking accepted under section 154 of EA 2002 before the commencement date.

10.  The coming into force of section 138 (final undertakings and orders: power to conduct trials) of, and Schedule 9 (final undertakings and orders: power to conduct trials) to, the Act have no effect in relation to a market investigation reference made under section 131 of EA 2002, where a report has been published under section 136 of EA 2002 before the commencement date.

11.—(1) The amendments made by section 139 (duty of CMA to monitor undertakings and orders) of the Act have no effect in relation to—

(a)any enforcement order made before the commencement date;

(b)any enforcement order made on or after the commencement date that—

(i)varies an enforcement order made before the commencement date; or

(ii)is made instead of an enforcement undertaking accepted before the commencement date;

(c)any undertaking accepted before the commencement date;

(d)any undertaking accepted on or after the commencement date that—

(i)varies or supersedes an undertaking accepted before the commencement date; or

(ii)is accepted instead of an enforcement order made before the commencement date.

(2) In sub-paragraph (1)—

“enforcement order” means an order made under section 158(6), 160 or 161(7) of EA 2002; and

“enforcement undertaking” means an undertaking accepted under section 154, 157(8) or 159(9) of EA 2002.

(3) In relation to any time on or after the commencement date, references in this paragraph to section 154 and 161 are references to those sections as they continue to have effect by virtue of this paragraph and paragraph 9.