Digital Markets: Strategic Market Status Determination

On 30 July 2024 the Department for Business and Trade has published a consultation entitled “DMCCA 2024: consultation on turnover and control regulations”. The consultation will be open for a six-week period and the Government will publish its response afterwards. A copy of the consultation will be placed in the Libraries of both Houses and published on gov.uk.

Under the DMCC Act, the Competition and Markets Authority will receive new powers to designate firms exerting significant control over digital markets as having strategic market status in respect of specific digital activities, for which turnover will be an important aspect of the designation assessment.

The Competition and Markets Authority, other relevant decision makers and civil courts will also be empowered to issue significant monetary penalties, up to 10% of global turnover depending on the breach, for non-compliance under the DMCC Act regimes, and up to 5% of global turnover for the road fuels regime.

This consultation seeks views on technical provisions to be made in secondary legislation to set out how turnover of a business should be determined for the purpose of the DMCC Act measures. The consultation includes the detail of each factor required to determine turnover, including: activities to be included in the calculation of turnover; the relevant period and trigger event for the determination of turnover; and the calculation of turnover in relation to financial institutions. How turnover is calculated will affect which firms are designated as having SMS and the statutory maximum values of penalties available for the relevant breaches under the digital markets, competition, road fuel and consumer regimes.

These provisions will support the Competition and Markets Authority, other relevant authorities and the civil courts to calculate turnover-based penalties accurately, fairly and proportionately, and to estimate appropriately for the purposes of SMS designation.

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