CMA investigations underway in UK digital markets shake-up

The UK’s Competition and Markets Authority (CMA) has begun SMS investigations under its new digital markets regime – with tech giants like Apple and Google already in its sights. In this episode, we cast the spotlight on the CMA’s early investigations under the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act). The UK’s new digital regime came into force in January this year, introducing widespread changes to competition law, the enforcement of consumer law and a regime regulating designated digital companies in the UK. Under the DMCC Act, the CMA has the power to designate companies with “strategic market status” (SMS), impose tailored conduct requirements, and make pro-competition interventions. Together, Ashurst’s Fiona Garside, Chris Eberhardt and Isabella Hunt discuss the CMA’s first SMS investigations into Google’s search and advertising services, and Apple’s and Google’s mobile ecosystems. The conversation highlights the activities under investigation, emphasises the importance of third-party input to shape regulatory outcomes, and draws comparisons with the EU’s Digital Markets Act. There’s also discussion of how the CMA’s “4 P’s framework” (pace, predictability, proportionality, and process) might apply and speculation about future investigations into the UK’s highly concentrated cloud services market. To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.