Part 1: Digital Markets Further enforcement provisions etc Section 102: Treatment of CMA breach decisions etc
This section sets out that the courts and Tribunal are bound by the CMA’s finalised breach decisions. This means that for any private action brought by a person following a finalised CMA breach decision, the court or Tribunal will not consider whether a breach was made, but instead will consider what a suitable remedy would be.
	Subsections (2) and (3) detail the circumstances under which a CMA’s breach decision becomes final and therefore binding on the courts for any private actions brought under section 101. This is when the deadline to apply for a review of the decision has passed without any application being made or when an application, including any appeal relating to it, is determined or has ended.
	Subsection (5) defines a "CMA breach decision" as a decision by the CMA that a designated undertaking has breached a statutory duty imposed on it by the regime. These statutory duties are: conduct requirements, pro-competition intervention orders and commitments.
	Subsection (6) sets out that the courts or Tribunal rules can be amended to allow the CMA to assist in private action cases brought in relation to the digital regime. For example, the CMA may assist by providing interpretations of the pro-competition interventions it imposed, or information about enforcement decisions relevant to the case.