Introduction
In October 2025, the CMA designated Apple and Google with strategic market status (“SMS”) in mobile platforms under the UK’s new digital regulation regime (the Digital Markets, Competition & Consumers Act 2024 (“DMCCA”)). The regime grants the CMA with new pro-competition investigatory powers to impose conduct requirements or introduce pro-competition interventions to achieve positive outcomes for UK consumers and businesses.[1]
In February 2026, however, the CMA launched a call for views on proposed commitments offered by Apple and Google – a remedy not expressly envisaged by the text of the DMCCA at this stage of the process.[2] Subject to consultation (14 working days), the commitments will take effect from 1 April 2026. If not complied with, the CMA may subsequently impose formal conduct requirements.
Issues in Google’s and Apple’s app stores
In June 2025, the CMA stated that their main focus of early priority interventions is on app distribution (Category 1 CRs).[3] The reference was specifically to “Conduct Requirements” and no mention of commitments or alternative remedies was made.
There is a risk that the acceptance of commitments under the DMCCA sets an improper legal precedent introduced by the designated entities (Google & Apple) of an early-stage mechanism where the SMS firms have the control of the remedies.
Commitments under the DMCCA – Order of operations issue
Under the DMCCA, commitments may be accepted only where the CMA has opened:
- a conduct investigation into a suspected breach of a conduct requirement (s.36), or
- a pro-competition intervention investigation in response to an adverse effect on competition (s.56; CMA Guidance, para 4.89).
This implies a clear sequence of needing a conduct requirement in place first before a suspected breach and the CMA opening an investigation during which commitments can be offered as a remedy.
The CMA’s Guidance does refer to “voluntary undertakings”[4] as a “participative resolution” method through engagement with the relevant SMS firm. The CMA will take certain factors into account such as the good faith of the designated firms and the extent and nature of cooperation.
It is not clear the extent of the binding nature of these “voluntary undertakings” since they appear only in the CMA’s Guidance rather than the DMCCA itself.
Commitments under the UK’s Competition Act 1998
Sections 31A to 31E of the Competition Act 1998 (“CA98”) enable the CMA to accept legally binding commitments from investigated undertakings to address their future behaviour and competition concerns. This is available to the CMA when the CMA has opened an investigation under s. 25 CA98 (reasonable grounds for suspecting an agreement that affects trade and distorts competition within the UK or an abuse of dominance, the Chapter II prohibition).
Third parties need to be provided with an opportunity to comment within a fixed time limit of not less than 11 working days (similar to the timing that the CMA provided under the DMCCA commitments consultation).
Conclusion
The risk here is the availability of effective remedies for third parties. Section 101, DMCCA allows any person (such a rival company or other) to bring a private action against a breached requirement. A “voluntary undertaking” is not a formal requirement under the Act so any breach thereof may not give rise to equivalent rights of action.
Whilst the CMA has previously identified concerns that policies implemented by Apple or Google have been found to adversely impact competition, such as in the Mobile Browsers and Cloud Gaming case,[5] the CMA has not said so in these DMCCA proceedings.
Preiskel & Co advises on competition law, abuse of dominance and regulatory matters affecting digital markets. For enquiries regarding section 393 of the Communications Act 2003, Online Safety Act 2023 and conduct or media sector disputes, contact the firm’s antitrust practice.
Please contact Tim Cowen if you have any questions.
The material in this article is only for general review of the topics covered and does not constitute legal advice. No legal or business decision should be based on its content. This article is written in the English language. Preiskel & Co LLP is not responsible for any translation of all or part of its content into any language.
[1] https://www.gov.uk/government/news/cma-sets-out-initial-plans-as-new-digital-markets-competition-regime-comes-into-force
[2] https://www.gov.uk/government/publications/digital-markets-competition-regime-guidance
[3] Roadmap (Apple) and Roadmap (Google)
[4] Digital Markets Competition Regime Guidance, page 139
[5] Section 21, CMA, Mobile Browsers and Cloud Gaming. Summary of final decision | 12 March 2025.