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The Strategic Market Standing (SMS) regime provides the Competitors and Markets Authority’s (CMA’s) Digital Markets Unit (DMU) energy to designate corporations as having SMS if they’ve “substantial and entrenched market energy” and a “place of strategic significance” in relation to digital actions linked to the UK. SMS standing will doubtless be given to Apple together with different main tech corporations, together with Google, Samsung, Microsoft, who all have market energy and strategic significance.
Whereas this may very well be seen as a badge of honor, it additionally means the businesses must observe a code of conduct created by the DMU. “The scope of permitted conduct necessities is extremely broad, giving the DMU very broad discretion to resolve what obligations must be imposed on every agency,” writes Linklaters.
They might even be given extra stringent merger reporting necessities and may very well be topic to what are referred to as Professional-Aggressive Interventions (PCI’s).
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