Consultation outcome

DMCCA 2024: turnover and control regulations

From:: Department for Business and Trade
Published: 30 July 2024
Last updated: 2 December 2024 — See all updates

Read the full outcome

DMCCA 2024: government response to the consultation on turnover and control regulations

HTML

Detail of outcome

There were 7 responses to the consultation.

The majority of the comments made by the respondents were supportive of the provisions in the draft statutory instruments.

In particular, respondents’ comments reflected support for:

consistency with existing secondary legislation and regimes
the built-in flexibility of the provisions regarding the Competition and Markets Authority’s (CMA’s) estimation of turnover relating to UK users for the purposes of strategic market status (SMS) designation
that the draft provisions will capture all forms of revenue, including digital revenue

The government will lay these instruments in parliament by negative procedure, per the Digital Markets, Competition and Consumers Act 2024. The 3 instruments will set out the process for the CMA to calculate statutory maximums for penalties, the concept of control, and the manner of estimation of turnover for SMS designation investigations.

Original consultation

Consultation description

The government is consulting on the content of draft regulations setting out, for purposes provided for in the Digital Markets, Competition and Consumers Act 2024:

how turnover should be estimated or calculated
the circumstances in which a person is considered to have control over an enterprise

This is for the purposes of assessing whether a business should be designated as having Strategic Market Status (SMS), or to determine the statutory maximum for penalties that non-compliant entities or individuals may be required to pay.

The 3 draft Statutory Instruments set out how the Competition and Markets Authority (CMA), civil courts or other decision makers will estimate or calculate turnover for the purposes given above, and for establishing who has control over a business. We intend to make and lay the final version of these regulations in the Parliament in coming months. We invite views from businesses in affected industries, academics, and any other interested party.

We will process your personal data in accordance with all applicable data protection laws. See our privacy policy.

Documents