Part 1: Digital Markets Interpretation Section 118: General interpretation
This section defines certain terms for the purposes of Part 1. All terms that are not listed below are self-explanatory (or, where the definition of the term is found in another section, have been explained elsewhere in these explanatory notes).
"Customer" includes customers that are not consumers, for example, business customers.
A "digital markets function" is any function of the CMA in Part 1 of the Act, and the CMA’s power to do anything that is calculated to facilitate or is conducive or incidental to, the performance of those functions (this power is bestowed on the CMA in relation to any of its functions by paragraph 20 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).
"Information" is to be understood in the widest possible sense, including estimates and forecasts as well as information that can be generated or brought into being by a party. Where the CMA requires a party to produce information in a visible and legible form, this might include producing estimates based on knowledge or experience in written form, or providing datasets or code in a usable format.
"Person" is broader than the definition in the Interpretation Act 1978 and includes any undertaking, as well as legal persons and human individuals.
"Undertaking" has the same meaning as it has in Part 1 of the Competition Act 1998. Simply put, an undertaking is an economic entity engaged in an economic activity e.g., placing goods or services on a market. A single undertaking may be comprised of one or more legal entities, where those entities constitute a single economic entity. This will be the case where one company can and does exercise decisive influence over another; for example, a parent company which decides the commercial policy of its subsidiaries.
"User" is to be understood in very broad terms to include a person or a business that interacts in any way with the relevant digital activity. This term applies to all parts of the supply chain and regardless of whether or not the person or business provides any form of compensation/payment to interact with the relevant digital activity. Where the Act refers to "potential users", it applies to people and businesses that are not interacting with the relevant digital activity but may be seeking to do so, or who may seek to do so in the future. For example, a user may include a business whose product depends on interoperating with the relevant digital activity. It may also include a person or business whose content is hosted on or accessible through the relevant digital activity, such as is the case with the platform-press publisher relationship. A potential user may include a person or business that accesses a different undertaking’s similar or competing product to the relevant digital activity provided by the designated undertaking.
"Using" is similarly to be understood in very broad terms to include any activity carried out by a person or a business that makes use of the relevant digital activity. It also applies to those conducting activities that interact with the relevant digital activity. This term applies to all parts of the supply chain and applies regardless of whether or not the person or business provides any form of compensation/payment to use the relevant digital activity. For example, if a person is using an undertaking’s video streaming service which is not the activity in relation to which it has been designated, but which prompts or otherwise redirects users to use the undertaking’s search service for which it has been designated, then the person may be considered to be using or potentially using the search service.