Part 1: Digital Markets Procedure Section 9: Initial SMS investigations
This section concerns initial SMS investigations.
	Subsection (1) sets out that the CMA may begin an initial SMS investigation where it has reasonable grounds to consider that it may be able to designate an undertaking in accordance with section 2.
	Subsection (2) sets out that an initial SMS investigation is an investigation into whether or not to designate an undertaking in respect of a digital activity in respect of which it is not already designated. This is subject to section 10(4) in relation to further SMS investigations. Where the CMA considers that the digital activity is similar or connected to a digital activity in respect of which the undertaking is already designated, it may instead begin a further SMS investigation.
	Subsection (3) clarifies that the CMA has the power to open a designation investigation in respect of a digital activity even if it has previously decided not to designate the undertaking as having SMS in respect of that particular digital activity. This would include circumstances in which a previous designation has been revoked, or where a previous decision had been taken not to designate the undertaking in respect of that digital activity.