Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 JANUARY 2025

New U.K. Digital Markets Regime

A&O Shearman
A&O Shearman
Contributor

A&O Shearman

Introducing A&O Shearman Unparalleled global depth for a changing world. Today more than ever,...

View firm profile
Explore more from A&O Shearman

The Digital Markets, Competition and Consumers Act 2024 will introduce groundbreaking new rules to regulate digital markets in the U.K.

United KingdomAntitrust/Competition Law
Dominic Long
Dominic Long
Thomas Masterman
Thomas Masterman
Matthew Readings
Matthew Readings
David Weaver
David Weaver
James Webber
James Webber
Louise Tolley
Louise Tolley
Emily Bourne
Emily Bourne
Imogen Carr
Imogen Carr
Author LinkedIn connections

The Digital Markets, Competition and Consumers Act 2024 will introduce groundbreaking new rules to regulate digital markets in the U.K. It aims to boost competition by controlling the conduct of the largest digital firms, backed up by powers to impose heavy fines for non-compliance. The regime will kick in on January, 1 2025. There are six things you need to know.

1. The regime only applies to firms having "strategic market status"

  • The Competition and Markets Authority (CMA), through its Digital Markets Unit, will designate firms as having "strategic market status" (SMS) in relation to a digital activity. Five conditions must be met:
    1. The firm carries out one or more digital activity, e.g., providing a service via the internet or providing digital content.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European UnionAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

UK Competition And Markets Authority Publishes Final Revised Merger Efficiencies Guidance

The UK's Competition and Markets Authority has published revised guidance on assessing merger efficiencies, marking a significant shift toward greater receptivity to efficiency-based arguments in merger reviews. The new provisions introduce more flexible evidentiary standards, recognize the potential role of behavioral remedies in securing efficiencies, and encourage parties to advance efficiency claims earlier in the review process without implying acceptance of competitive concerns.
United KingdomAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

A Precedent For The Platform Age: The Booking/eTraveli Judgment And Its Implications For Digital M&A

The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective
United KingdomAntitrust/Competition Law
Slaughter and May
Slaughter and May
Article

Few Surprises, As The CMA Finalises Its Revised Approach To Merger Efficiencies

The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.
United KingdomAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

UK FCA Accepts Novel Commitments Package To Resolve Antitrust Investigation Into Commodity Futures Traders

The UK Financial Conduct Authority has accepted binding commitments from 11 day traders following an investigation into suspected exchange of competitively sensitive information and coordination of trading strategies in commodity futures markets. The decision highlights critical compliance priorities for firms operating trading arcades and shared trading infrastructure, while leaving key legal questions deliberately unanswered. What does this enforcement action signal about the FCA's approach to antitrust e
GlobalAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Amendments To The Act On The Protection Of Personal Information Promulgated

Japan has enacted sweeping amendments to its Act on the Protection of Personal Information, introducing an administrative surcharge regime with monetary penalties for data protection violations, new protections for children under 16 and biometric data, and expanded exceptions for data utilization in statistical analysis and AI development. The reforms, which take effect in stages through 2028, fundamentally reshape Japan's privacy enforcement landscape by granting the Personal Information Protection Commiss
JapanPrivacy
A&O Shearman
A&O Shearman
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

The EU’s Proposed Industrial Accelerator Act: What The Battery Industry Needs To Know—and Do

The European Commission's Industrial Accelerator Act proposes to reshape battery supply chains by conditioning access to EU public procurement and support schemes on strict origin requirements. As China controls over 80% of global battery manufacturing capacity, the legislation introduces escalating component-count thresholds that could fundamentally alter market access, financing structures, and supplier eligibility across the battery value chain.
GlobalGovernment, Public Sector
A&O Shearman
A&O Shearman
Article

EU Packaging And Packaging Waste Regulation—what International Corporate Groups Should Know

The European Union's new Regulation on packaging and packaging waste has fundamentally transformed compliance requirements for companies placing packaged goods on the EU market, replacing decades-old directive-based frameworks with directly applicable product-law rules. While promising regulatory harmonization across member states, the reality presents a complex dual-compliance landscape where businesses must navigate both EU-wide packaging standards and diverging national implementation approaches.
European UnionEnvironment
A&O Shearman
A&O Shearman
Article

How Spain’s Draft Data Center Rules Could Transform Digital Infrastructure Investment

Spain's draft Royal Decree introduces stringent energy sustainability, environmental, resilience and digital sovereignty requirements for data centers, including renewable additionality, hourly correlation, and efficiency standards. The regulation applies to all access and connection permits obtained after entry into force, with specific compliance deadlines for projects in progress and those with granted permits not yet connected to the grid.
SpainEnergy and Natural Resources
A&O Shearman
A&O Shearman
Article

California Passes Suite Of Bills Advancing Child Online-safety Push

California has enacted a comprehensive package of four bills that fundamentally reshape online safety protections for minors, targeting addictive design features, data privacy practices, age verification systems, and platform liability. These new laws establish strict requirements for social media companies, including mandatory stripped-down interfaces for users under 16, enhanced privacy defaults, and potential damages up to $1 million for negligent harm to children. The legislation represents one of the m
United StatesMedia, Telecoms, IT, Entertainment
A&O Shearman
A&O Shearman
Article

SEC Proposes Regulation Crypto Assets: Tailored Pathways For Covered Investment Contracts

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two tailored exemptions from Securities Act registration requirements for certain offerings of covered investment contracts involving crypto assets. The proposal establishes a startup exemption allowing up to $5 million in offerings over four years and a two-tier fundraising exemption permitting offerings up to $75 million...
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

California SB 574 Would Bar Attorneys From Delegating The Practice Of Law To Generative AI

California Senate Bill 574 proposes a groundbreaking statutory framework that would prohibit attorneys from delegating legal practice to generative artificial intelligence, while imposing disclosure requirements and verification standards across litigation, arbitration, and court filings. The legislation raises fundamental questions about how traditional definitions of "the practice of law" apply to AI-augmented legal work, from document review to contract analysis. If signed by Governor Newsom, California
United StatesStrategy
A&O Shearman
A&O Shearman