Part 1: Digital Markets Final offer mechanism Section 41: Final offers: outcome
This section establishes the processes the CMA must follow with regards to the outcome of FOM. The CMA decides which final offer payment terms are to be given effect for the purposes of the transaction (or any other transaction that is substantially the same). The CMA cannot change the final offer payment terms put forward.
	Subsection (1) provides that this section applies if the CMA has decided to use FOM, and at least the designated undertaking or the third party has submitted final offer payment terms to the CMA before the submission date. Here, ‘the third party’ refers to all the grouped/joined third parties in a scenario where a collective submission was to be made.
	Subsection (2) requires the CMA to make a final offer order directing which final offer payment terms are to be given effect for the purposes of the transaction (or any other transaction that is substantially the same). This requirement is subject to section 43(1), which provides that the CMA can decide not to make a final offer order where it has reason to believe there has been a material change in circumstances. If the CMA does make a final offer order, the selected payment terms must be "given effect", or implemented fully for the intended purpose. This means that the CMA will not require certain terms to be included verbatim in the transaction, but rather it will set out the outcome the designated undertaking must achieve in the transaction.
	The final offer payment terms must also be given effect for the purposes of any other transaction that is "substantially the same" as the initial transaction, in order to prevent parties seeking to avoid the effects of the order for transactions that are, in essence, the same, by changing other terms. In the event that only one party submitted final offer payment terms, the CMA will have to choose those terms.
	Subsection (3) establishes that the period within which the CMA must make its decision, the "final offer period", is subject to a six-month statutory deadline, beginning with the day on which the final offer initiation notice is given to the parties.
	Subsection (4) creates a power for the Secretary of State to amend the length of the final offer period. Under subsection (5), this power is subject to the draft affirmative procedure, see section 337(3).