8 July 2024
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DMCC Briefing Series – Digital Markets – What customers and competitors of regulated 'Big Tech' need to know

To The Point
(7 min read)

In this instalment of our briefing series on the Digital Markets, Competition and Consumers Act 2024, we focus on the reforms introducing the new digital markets regime, what they mean for customers and competitors of the big tech firms that will be regulated, and how the UK can learn from challenges in early implementation of the EU regime.


On 24 May 2024, the Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent and the Competition and Markets Authority (CMA) published draft guidance on its plans to implement the new digital markets regime (the Draft Guidance). Implementation dates will be set by the new Government, but we expect that it will be implemented in Q4 this year. Once in force, the regime will regulate the tech firms whose activities have the greatest impact on UK businesses and consumers through five main regulatory tools:

1.    Designation – the CMA's Digital Markets Unit (DMU) will identify tech firms considered to have "strategic market status" (SMS firms);

2.    Merger notification requirement – SMS firms will be required to notify the CMA about certain mergers before completion – we covered this in Part 1 of our DMCCA briefing series;

3.    Conduct requirements – SMS firms will be subject to tailored conduct requirements to ensure fair dealings with stakeholders;

4.    Pro-Competition Interventions – the DMU will be able to investigate an SMS firm's digital activities and take measures to address any harmful effects on competition identified; and

5.    Monitoring – the DMU will monitor the activities of SMS firms, including by obtaining compliance reports and exercising strong information gathering powers.

In this briefing, we highlight the features SMS firms' customers and competitors should know about the new rules.

SMS Designation
Implications of SMS designation
How can customers engage?
DMA insights around potential implementation challenges
Consequences of breach and private enforcement

Next steps

To find out more about what these reforms mean for your business, or discuss training opportunities, please get in touch with our Competition & Regulation team.

To the Point 

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