Part 1: Digital Markets Commitments relating to conduct requirements Section 36: Commitments
This section provides that the CMA can accept binding voluntary commitments from an undertaking during a conduct investigation to bring the investigation to an end. Commitments are a common approach to solving competition issues, with similar provisions in the Competition Act 1998 for suspected breaches of the Chapter 1 and Chapter 2 prohibitions against anti-competitive agreements and abuse of dominant positions (see sections 31A to 31E and Schedule 6A).
	Subsection (3) provides that when a commitment is accepted by the CMA the undertaking must comply with it and that the CMA may not issue a notice of findings under section 30 or make an enforcement order. The commitments in effect bring an end to the conduct investigation. Subsection (4) sets out that the CMA can accept a commitment that addresses part of the conduct under investigation while continuing the investigation into other conduct. It also sets out when the CMA can investigate the same behaviour again.
	Subsections (5) and (6) make provision for the coming into force of commitments and the circumstances in which they cease to have effect. A commitment ceases to have effect when the first of the following occurs: its terms say it ends, the conduct requirement to which the commitment relates ceases to have effect or the CMA releases the undertaking from the requirement to comply with the commitment. Using the power contained in section 17, the CMA may make transitional provisions in relation to a commitment when it revokes the relevant designation, or it may continue the commitment where it decides to designate the same, similar or connected activity.
	Subsection (7) provides that the CMA may accept a variation to a commitment from time to time, provided that the commitment as varied remains appropriate, and subsection (8) enables the CMA to release an undertaking from a commitment.
	Subsection (9) allows the CMA to exercise its functions in relation to potential and actual breaches of commitments where the commitments are no longer in place. This enables the CMA to take action against historic breaches.
Example of a commitment accepted by the CMA
The CMA imposes a conduct requirement that stipulates that an undertaking must make sure users are not prevented from using alternative internet browsers on their mobile operating system. The undertaking is suspected of stopping smartphone users from being able to access and operate competing internet browsers. The CMA therefore opens a conduct investigation.
During the investigation the undertaking offers commitments: it puts forward a proposal to introduce a specific system so users are permanently able to choose freely between competing internet browsers on the mobile operating system. The CMA reviews the offered commitments and thinks they are a likely effective solution to the potential breach of conduct requirement. The CMA therefore develops the commitments further with the undertaking. The CMA in the meantime continues with the breach investigation.
The CMA publishes the proposed commitments in a notice, and takes into account any representations made to it due to the publication of the proposed commitment. The CMA decides that the commitments given are appropriate and so publishes a notice on its decision to accept the commitments and what the commitments consist of. The commitments come into force and the undertaking alters its conduct in line with their direction.