Part 1: Digital Markets Enforcement of conduct requirements Section 35: Duty to keep enforcement orders under review
This section provides that the CMA must keep the enforcement orders and interim enforcement orders it has made under review, including whether to vary or revoke them, and also the extent to which undertakings are complying with them and whether further enforcement action needs to be taken.
	Example of an enforcement order
The CMA imposes a conduct requirement obliging the undertaking to make sure that users are not prevented from selecting alternative web browsers on the mobile operating system.
The CMA suspects that the undertaking has breached the conduct requirement by making it difficult for smartphone users to change their web browser. The CMA consequently opens a conduct investigation.
Having investigated and considered representations from the undertaking, the CMA concludes that the undertaking has breached the conduct requirement. The CMA gives the undertaking a notice containing its investigation findings setting out its decision and also makes an enforcement order and publishes a statement about the order. The order requires the undertaking to introduce effective and clear systems so users are able to choose freely between competing web browsers on the mobile operating system. The CMA then monitors the enforcement order and the undertaking’s compliance.
Example of an enforcement order being varied
The CMA is monitoring the enforcement order introduced above. Over time it becomes apparent that the contents of the enforcement order is out of date because of changes in technology. The CMA varies the order by making a revised version of it, and issues the undertaking with the revised enforcement order, and then publishes a notice concerning the variation of the order.