Part 1: Digital Markets Final offer mechanism Section 43: Decision not to make final offer order
Subsection (1) allows the CMA not to make a final offer order, and thereby stop the FOM process, if it has reasonable grounds to believe there has been a material change in circumstances. For example, the CMA could stop the FOM process if it has reasonable grounds to believe that one of the parties has submitted an offer under duress.
	Subsection (2) provides that, for the purposes of this section and section 44(3), a material change of circumstances includes the parties coming to a mutual agreement in relation to payment terms.
	Subsections (3) to (5) provide that, where the CMA decides not to make a final offer order, it must give a notice to the parties including the reasonable grounds for the belief of the change in circumstances and must publish a statement summarising the contents of the notice as soon as reasonably practicable after giving the notice.