Part 1: Digital Markets Administration Section 106: Exercise and delegation of functions
This section explains how decisions will be made under the digital markets regime.
	Subsections (1) to (5) give the CMA the discretionary power to create groups (under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) to carry out functions of the new regime that have not been reserved for the CMA Board or its committees. The functions that are reserved for the Board and its committees are described at subsections (7) and (8). The CMA must state the function that such a group is being established for and the group will be required to fulfil that function. For example, the CMA could constitute a Group to consider PCI orders, and subsequently all PCI orders would need to be seen by that Group.
	Subsections (6) and (7) add functions to the list of non-delegated functions at paragraph 29(2) of Schedule 4 to the Enterprise and Regulatory Reform Act 2013. As a result, the following decisions will need to be made by the CMA Board:
Whether to launch an initial SMS investigation
Whether to launch a further SMS investigation (for example if the CMA decides to launch a designation investigation ahead of the requirement to do so before the end of the 5-year designation period)
Whether to begin a pro-competition intervention investigation.
	Subsection (8) adds a new sub-paragraph (2A) to paragraph 29 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013. This section lists out functions that can only be undertaken by the CMA Board or delegated to a committee of the Board. These functions are:
Whether to make an SMS designation
Whether to apply existing obligations or make transitional, transitory or saving provisions in relation to them (see section 17)
Whether to impose or vary conduct requirements
Whether to revoke conduct requirements
Whether to make an enforcement order (not including an interim enforcement order)
Whether to accept a commitment
Whether to adopt the final offer mechanism
Whether to make a pro-competition intervention
Deciding the contents of the notice of decision at the end of a pro-competition investigation
Whether to replace a pro-competition order
Whether to revoke a pro-competition order
Whether to impose a penalty
Deciding the amount of a penalty
	Sub-paragraph (2B) clarifies that to be eligible to carry out the functions under sub-paragraph (2A), a committee must include at least two CMA Board members, which can include the Chair. At least half of the committee’s membership must be non-staff (which may include the Chair) or CMA panel members.
	Subsection (9) creates a delegated power for the Secretary of State to amend the lists of decisions reserved to the Board or a Committee. A draft of this statutory instrument would need to be laid before and approved by each House of Parliament before it can be enacted.