Section 108 — Recommendations to the CMA

Extent: E+W+S+N.I.

This version in force from 2025-01-01

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) The FCA or OFCOM may make a recommendation to the CMA where they consider that the CMA should exercise a regulatory digital markets function in relation to an undertaking and a digital activity.

(2) A recommendation under subsection (1) must—

(a) describe the undertaking, the digital activity, and the regulatory digital markets function to which it relates, and

(b) be given to the CMA in writing.

(3) A recommendation under this section must be accompanied by a statement of reasons for the recommendation.

(4) Within the period of 90 days beginning with the day on which it receives a recommendation, the CMA must—

(a) give notice to the regulator that made the recommendation—

(i) setting out the action that the CMA has taken or intends to take in response to the recommendation, and

(ii) including the reasons for its decision, and

(b) publish a summary of the notice.