Part 1: Digital Markets Procedure Section 15: Notice requirements: decisions about whether to designate
This section sets out requirements for SMS decision notices in two situations. The first situation is where the CMA decides not to designate an undertaking following an initial SMS investigation. The second situation is where the CMA decides to designate an undertaking as having SMS in respect of a digital activity (whether or not the undertaking is already designated).
	Subsection (1) requires the CMA to give reasons in the SMS decision notice when it decides not to designate an undertaking following an initial SMS investigation.
	Where the CMA decides to designate an undertaking as having SMS in respect of a digital activity, subsection (3) sets out what the notice must include (for example, CMA’s reasons for its decisions). The policy intent is that the descriptions of the designated undertaking and digital activity do not need to be exhaustive.
	Subsection (4) gives the CMA the power to update its decision notice if it changes its view of the undertaking or of the digital activity, provided that the undertaking or digital activity remain substantially the same. For example, if a firm changes the brand name of a product in scope of the digital activity or undergoes a corporate restructuring but the activity or undertaking remains substantially the same.
	Under subsection (5), a revised notice does not affect either the day on which the SMS designation begins, nor anything done by the CMA under its powers under Part 1 in relation to the designated undertaking.
	Subsection (6) sets out that the CMA must publish the revised notice. This must be done reasonably practicable after giving the revised notice to the undertaking.