Part 1: Digital Markets Imposition of conduct requirements Section 19: Power to impose conduct requirements
Subsections (1) and (2) give the CMA power to impose conduct requirements on a designated undertaking and vary existing conduct requirements, by giving a notice to the undertaking. Subsection (4) requires that the notice then be published as soon as reasonably practicable.
	Subsection (3) explains that conduct requirements are requirements as to how a designated undertaking must behave in relation to the digital activity for which it has been designated.
	Subsection (5) provides that the CMA may only impose conduct requirements if it considers it proportionate to do so for the purposes of one or more of the following objectives: fair dealing; open choices; and trust and transparency, having regard to what those conduct requirements are intended to achieve.
	Subsections (6) to (8) set out what the objectives mean. The objectives are for the benefit of users and potential users of the relevant digital activity, meaning they will benefit both those who are interacting, and those who may interact in the future, with the relevant digital activity. The limbs within the fair dealing and trust and transparency objectives are not required to operate cumulatively.
	The fair dealing objective is about fair treatment of users and potential users, including the ability to interact with the designated undertaking on reasonable terms. Reasonable terms that could be required by a conduct requirement for the purposes of this objective may include, for example, providing a clear appeals process for when a designated undertaking terminates a user’s marketplace access.
	The open choices objective is about enabling free and easy choices for users and potential users between the services and digital content offered by the designated undertaking (both within and outside of the designated activity) and those offered by other businesses. An example of conduct that a requirement under this objective could prohibit is a designated undertaking restricting the functionalities of web browsers that compete with its own.
	The trust and transparency objective is about ensuring that those using or seeking to use the relevant digital activity have the information they need to understand how the activity is provided and that they are able to make informed decisions about their interactions with the designated undertaking.
	Subsection (9) provides that a conduct requirement must be of a type permitted by section 20.
	Subsection (10) provides that the CMA must consider the likely benefits for consumers when imposing conduct requirements. These consumer benefits could arise directly, as a result of the requirement itself, or they may arise indirectly (for example, by creating benefits for a business user of a designated activity, which it may pass on to consumers). Consumer benefits could also arise in the short term and/or longer term (for example, as a result of improved competition).
	Subsection (11) provides that the CMA has discretion over when conduct requirements come into force, and sets out when they cease to have effect.
	When considering the imposition of conduct requirements the CMA will assess the information and factors that it considers relevant in each case. This could include (but is not limited to) considerations such as the impacts on competition, burdens on designated undertakings and third parties, freedom of contract and property rights, the safety and privacy of users, and innovation in digital markets.