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In force since 2026-01-27, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) Where the CMA is reviewing or has reviewed the effectiveness of commitments accepted under section 31A it must, if requested to do so by the Secretary of State, prepare a report of its findings. (2) The CMA must— (a) give any report prepared by it under subsection (1) to the Secretary of State; and (b) publish the report.
Propose a change(1) The CMA must prepare and publish guidance as to the circumstances in which it may be appropriate to accept commitments under section 31A. (2) The CMA may at any time alter the guidance. (3) If the guidance is altered, the CMA must publish it as altered. (4) No guidance is to be published under this section without the approval of the Secretary of State. (5) The CMA may, after consulting the Secretary of State, choose how it publishes its guidance. (6) If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate. (7) If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (8) When exercising its discretion to accept commitments under section 31A, the CMA must have regard to the guidance for the time being in force under this section.
Propose a change(1) If a person from whom the CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the CMA may apply to the court for an order— (a) requiring the defaulter to make good his default within a time specified in the order; or (b) if the commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it. (2) An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by— (a) the person in default; or (b) any officer of an undertaking who is responsible for the default. (3) In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”. (4) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.
Propose a change(1) The Secretary of State may by order impose time-limits in relation to— (a) the conduct by the CMA of investigations or investigations of a description specified in the order; (b) the making by the CMA of decisions (within the meaning given by section 31(2)) as a result of investigations or investigations of such a description. (2) Before making an order under subsection (1), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.
Propose a change(1) If the CMA has made a decision that an agreement infringes the Chapter I prohibition ... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end. (2) Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part. (3) A direction under this section may, in particular, include provision— (a) requiring the parties to the agreement to modify the agreement; or (b) requiring them to terminate the agreement. (4) A direction under this section must be given in writing.
Propose a change(1) If the CMA has made a decision that conduct infringes the Chapter II prohibition ... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end. (2) Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part. (3) A direction under this section may, in particular, include provision— (a) requiring the person concerned to modify the conduct in question; or (b) requiring him to cease that conduct. (4) A direction under this section must be given in writing.
Propose a change(1) If a person fails, without reasonable excuse, to comply with a direction under section 32 or 33, the CMA may apply to the court for an order— (a) requiring the defaulter to make good his default within a time specified in the order; or (b) if the direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it. (2) An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by— (a) the person in default; or (b) any officer of an undertaking who is responsible for the default. (3) In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”. (4) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to comply with the direction.
Propose a change(1) Subject to subsection (8), this section applies if the CMA has begun an investigation under section 25 and not completed it (but only applies so long as the CMA has power under section 25 to conduct that investigation). (2) If the CMA considers that it is necessary for it to act under this section as a matter of urgency for the purpose— (a) of preventing significant damage to a particular person or category of person, or (b) of protecting the public interest, it may give such directions as it considers appropriate for that purpose. (3) Before giving a direction under this section, the CMA must— (a) give written notice to the person (or persons) to whom it proposes to give the direction; and (b) give that person (or each of them) an opportunity to make representations. (4) A notice under subsection (3) must indicate the nature of the direction which the CMA is proposing to give and its reasons for wishing to give it. (5) A direction given under this section may if the circumstances permit be replaced by— (a) a direction under section 32 or (as appropriate) section 33, or (b) commitments accepted under section 31A, but, subject to that, has effect while this section applies. (6) In the cases mentioned in section 25(2) and (6), sections 32(3) and 34 also apply to directions given under this section. (7) In the cases mentioned in section 25(4), sections 33(3) and 34 also apply to directions given under this section. (8) In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which— (a) may affect trade within the United Kingdom, and (b) has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The CMA may, in accordance with section 35B, impose a penalty on a person— (a) from whom the CMA has accepted commitments under section 31A (and who has not been released from those commitments), or (b) to whom the CMA has given a direction under section 32, 33 or 35, where the CMA considers that the person has, without reasonable excuse, failed to adhere to the commitments or comply with the direction. (2) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 35C at the time of the failure to adhere or comply.
Propose a change(1) A penalty under section 35A(1) is to be such amount as the CMA considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) A penalty imposed under section 35A(1) on a person who is not an undertaking must not— (a) in the case of a fixed amount, exceed £30,000; (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (4) A penalty imposed under section 35A(1) on a person who is an undertaking must not— (a) in the case of a fixed amount, exceed 5% of the total value of the turnover of the undertaking; (b) in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover of the undertaking; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (5) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of the provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by subsection (6)), and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the person adheres to the commitments or complies with the direction (as the case may be) referred to in section 35A(1). (6) Sections 112 to 115 of the Enterprise Act 2002 apply in relation to a penalty imposed under section 35A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only; (b) section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 35C at the time when the act or omission concerned occurred. (7) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate. (8) Before making regulations under subsection (7) the Secretary of State must consult— (a) the CMA, and (b) such other persons as the Secretary of State considers appropriate. (9) The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of subsection (4). (10) Regulations under subsection (9) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an undertaking’s turnover or daily turnover; (b) the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined. (11) Regulations under subsection (9) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).
Propose a change(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A. (2) The statement must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 35A(1). (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement. (4) The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy. (5) If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (6) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
Propose a change(1) On making a decision that an agreement has infringed the Chapter I prohibition ..., the CMA may require an undertaking which is a party to the agreement to pay the CMA a penalty in respect of the infringement. (2) On making a decision that conduct has infringed the Chapter II prohibition ..., the CMA may require the undertaking concerned to pay the CMA a penalty in respect of the infringement. (3) The CMA may impose a penalty on an undertaking under subsection (1) or (2) only if the CMA is satisfied that the infringement has been committed intentionally or negligently by the undertaking. (4) Subsection (1) is subject to section 39 and does not apply in relation to a decision that an agreement has infringed the Chapter I prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the agreement. (5) Subsection (2) is subject to section 40 and does not apply in relation to a decision that conduct has infringed the Chapter II prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the conduct. (6) Notice of a penalty under this section must— (a) be in writing; and (b) specify the date before which the penalty is required to be paid. (7) The date specified must not be earlier than the end of the period within which an appeal against the notice may be brought under section 46. (7A) In fixing a penalty under this section the CMA must have regard to— (a) the seriousness of the infringement concerned, and (b) the desirability of deterring both the undertaking on whom the penalty is imposed and others from— (i) entering into agreements which infringe the Chapter 1 prohibition ..., or (ii) engaging in conduct which infringes the Chapter 2 prohibition .... (8) No penalty fixed by the CMA under this section may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State). (9) Any sums received by the CMA under this section are to be paid into the Consolidated Fund.
Propose a change(1) If the specified date in a penalty notice has passed and— (a) the period during which an appeal against the imposition, or amount, of the penalty may be made has expired without an appeal having been made, or (b) such an appeal has been made and determined, the CMA may recover from the undertaking, as a civil debt due to the CMA , any amount payable under the penalty notice which remains outstanding. (2) In this section— “penalty notice” means a notice given under section 36; and “specified date” means the date specified in the penalty notice.
Propose a change(1) The CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part in respect of an infringement of the Chapter 1 prohibition or the Chapter 2 prohibition. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The CMA may at any time alter the guidance. (3) If the guidance is altered, the CMA must publish it as altered. (4) No guidance is to be published under this section without the approval of the Secretary of State. (5) The CMA may, after consulting the Secretary of State, choose how it publishes its guidance. (6) If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate. (7) If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (8) When setting the amount of a penalty under this Part in respect of an infringement of a kind mentioned in subsection (1) , the CMA and the Tribunal must have regard to the guidance for the time being in force under this section. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) In this section “small agreement” means an agreement— (a) which falls within a category prescribed for the purposes of this section; but (b) is not a price fixing agreement. (2) The criteria by reference to which a category of agreement is prescribed may, in particular, include— (a) the combined turnover of the parties to the agreement (determined in accordance with prescribed provisions); (b) the share of the market affected by the agreement (determined in that way). (3) A party to a small agreement is immune from the effect of section 36(1) so far as that provision relates to decisions about infringement of the Chapter I prohibition; but the CMA may withdraw that immunity under subsection (4). (4) If the CMA has investigated a small agreement, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the agreement is likely to infringe the Chapter I prohibition. (5) The CMA must give each of the parties in respect of which immunity is withdrawn written notice of its decision to withdraw the immunity. (6) A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision. (7) The withdrawal date must be a date after the date on which the decision is made. (8) In determining the withdrawal date, the CMA must have regard to the amount of time which the parties are likely to require in order to secure that there is no further infringement of the Chapter I prohibition with respect to the agreement. (9) In subsection (1) “price fixing agreement” means an agreement which has as its object or effect, or one of its objects or effects, restricting the freedom of a party to the agreement to determine the price to be charged (otherwise than as between that party and another party to the agreement) for the product, service or other matter to which the agreement relates.
Propose a change(1) In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section. (2) The criteria by reference to which a category is prescribed may, in particular, include— (a) the turnover of the person whose conduct it is (determined in accordance with prescribed provisions); (b) the share of the market affected by the conduct (determined in that way). (3) A person is immune from the effect of section 36(2), so far as that provision relates to decisions about infringement of the Chapter II prohibition, if its conduct is conduct of minor significance; but the CMA may withdraw that immunity under subsection (4). (4) If the CMA has investigated conduct of minor significance, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the conduct is likely to infringe the Chapter II prohibition. (5) The CMA must give the person, or persons, whose immunity has been withdrawn written notice of its decision to withdraw the immunity. (6) A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision. (7) The withdrawal date must be a date after the date on which the decision is made. (8) In determining the withdrawal date, the CMA must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.
Propose a change(1) In this section and in sections 40ZB and 40ZD “transferred EU anti-trust commitments” means EU anti-trust commitments— (a) which are the subject of an Article 95(2) commitments transfer decision (and, where those commitments are modified by, or as contemplated by, that decision, or by a later Article 95(2) commitments transfer decision, means those commitments as so modified), and (b) which have not been wholly waived or substituted by the European Commission. (2) In this section— “Article 95(2) commitments transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU anti-trust commitments to the CMA; “EU anti-trust commitments” means commitments contained, pursuant to Article 9(1) of Regulation 1/2003, in a decision adopted by the European Commission under that Regulation. (3) In this section and in sections 40ZC and 40ZD a “transferred EU anti-trust direction” means an EU anti-trust direction— (a) which is the subject of an Article 95(2) direction transfer decision (and, where that direction is modified by, or as contemplated by, that decision, or by a later Article 95(2) direction transfer decision, means that direction as so modified), and (b) which has not been wholly revoked by the European Commission. (4) In this section— “Article 95(2) direction transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of an EU anti-trust direction to the CMA; “EU anti-trust direction” means a direction given pursuant to Article 7(1) of Regulation 1/2003 in a decision adopted by the European Commission under that Regulation; “Regulation 1/2003” means Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty. (5) So far as the context permits or requires, transferred EU anti-trust commitments and transferred EU anti-trust directions are to be treated for the purposes of this section and sections 40ZB to 40ZD as if— (a) any reference to the area of the European Union or of the European Economic Area included the United Kingdom; (b) any reference to the internal market included the United Kingdom; (c) any reference to a member State included the United Kingdom; (d) any reference to a party to the EEA agreement included the United Kingdom. (6) Subsection (5) is subject to any different provision made by the Article 95(2) commitments transfer decision or Article 95(2) direction transfer decision in question.
Propose a change(1) The CMA has the function of monitoring compliance with transferred EU anti-trust commitments. (2) If a person who is bound by transferred EU anti-trust commitments fails, without reasonable excuse, to adhere to those commitments, the CMA may apply to the court for an order— (a) requiring the defaulter to make good the default within a time specified in the order; or (b) if any of the transferred EU anti-trust commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it. (3) An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by— (a) the person in default; or (b) any officer of an undertaking who is responsible for the default. (4) In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”. (5) In this section, “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1).
Propose a change(1) The CMA has the function of monitoring compliance with transferred EU anti-trust directions. (2) If a person fails, without reasonable excuse, to comply with a transferred EU anti-trust direction, the CMA may apply to the court for an order— (a) requiring the defaulter to make good the default within a time specified in the order; or (b) if the transferred EU anti-trust direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it. (3) An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by— (a) the person in default; or (b) any officer of an undertaking who is responsible for the default. (4) In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”. (5) In this section, “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).
Propose a change(1) The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA— (a) to monitor compliance with transferred EU anti-trust commitments, or (b) to decide whether to make an application under section 40ZB(2) in respect of those transferred EU anti-trust commitments. (2) The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA— (a) to monitor compliance with a transferred EU anti-trust direction, or (b) to decide whether to make an application under section 40ZC(2) in respect of a transferred EU anti-trust direction. (3) The powers conferred by subsections (1) and (2) are to be exercised by a notice in writing which (a) indicates the subject matter and purpose of the demand (including identifying the transferred EU anti-trust commitments or transferred EU anti-trust direction in question) , and (b) includes information about the possible consequences of failing to comply with the notice. (4) The CMA may also specify in the notice— (a) the time and place at which any document is to be produced or any information is to be provided; (b) the manner and form in which it is to be produced or provided. (5) The power under this section to require a person to produce a document includes power— (a) if the document is produced— (i) to take copies of it or extracts from it; (ii) to require that person, or any person who is a present or past officer of, or is or was at any time employed by, that person, to provide an explanation of the document; (b) if the document is not produced, to require that person to state, to the best of their knowledge and belief, where it is. (6) In this section— “specified” means— specified, or described, in the notice under subsection (3), or falling within a category which is specified, or described, in that notice; “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1); “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).
Propose a change(1) The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that— (a) the person has, without reasonable excuse, failed to comply with a requirement imposed on the person by section 25B or under section 26, 26A, 27, 28, 28A or 40ZD; (b) the person has, without reasonable excuse, obstructed an officer acting in the exercise of the officer’s powers under section 27 or under a warrant issued under section 28 or 28A; (c) the person, having been required to produce a document under section 26, 27, 28 or 28A, has, without reasonable excuse— (i) destroyed or otherwise disposed of, falsified or concealed the document, or (ii) caused or permitted the document’s destruction, disposal, falsification or concealment; (d) the person has, without reasonable excuse, provided information that was false or misleading in a material particular to the CMA in connection with any function of the CMA under this Part; (e) the person has, without reasonable excuse, provided information that was false or misleading in a material particular to another person knowing that the information was to be used for the purpose of providing information to the CMA in connection with any function of the CMA under this Part. (2) But the CMA may not proceed against a person under this section in relation to an act or omission which constitutes an offence under any of sections 42 to 44 if the person has, by reason of that act or omission, been found guilty of that offence. (3) In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 40B at the time when the act or omission concerned occurred. (4) In this section— (a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; (b) the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form. (5) Sections 112 to 115 of the Enterprise Act 2002 (supplementary provisions about penalties) apply in relation to a penalty imposed under subsection (1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications— (a) any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only; (b) section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted; (c) section 114(12) is to be read as if, for paragraph (b), there were substituted— (b) “relevant guidance” means the statement of policy which was most recently published under section 40B of the 1998 Act at the time when the act or omission concerned occurred.
Propose a change(1A) A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate. (2) A penalty imposed under section 40ZE(1)(a) may be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (2A) A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount. (3) A penalty imposed under section 40ZE(1) on a person who is not an undertaking must not— (a) in the case of a fixed amount, exceed £30,000; (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day .... (3A) A penalty imposed under section 40ZE(1) on a person who is an undertaking must not— (a) in the case of a fixed amount, exceed 1% of the turnover of the undertaking; (b) in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the daily turnover of the undertaking; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service of the provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by section 40ZE(5)) on the person concerned, and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (7). (7) The days are— (a) the day on which the requirement concerned is satisfied; (b) the day on which the CMA makes a decision (within the meaning given by section 31(2)) or terminates the investigation in question without making such a decision; (c) if the Secretary of State has made an order under section 31F(1)(b) imposing a time-limit on the making of such a decision, the latest day on which such a decision may be made as a result of the investigation in question; (d) in a case where the requirement was imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance. (7A) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate. (8) Before making regulations under subsection (7A), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of this section. (11) Regulations under subsection (10) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as an undertaking’s turnover or daily turnover; (b) the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined. (12) Regulations under subsection (10) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (11)).
Propose a change(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under section 40ZE. (2) The CMA must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 40ZE. (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement. (4) The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy. (5) If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (5A) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies if a party to an agreement which may infringe the Chapter I prohibition has notified the agreement to the Commission for a decision as to whether an exemption will be granted under Article 85 with respect to the agreement. (2) A penalty may not be required to be paid under this Part in respect of any infringement of the Chapter I prohibition after notification but before the Commission determines the matter. (3) If the Commission withdraws the benefit of provisional immunity from penalties with respect to the agreement, subsection (2) ceases to apply as from the date on which that benefit is withdrawn. (4) The fact that an agreement has been notified to the Commission does not prevent the OFT from investigating it under this Part. (5) In this section “provisional immunity from penalties” has such meaning as may be prescribed.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under section 27. (6) A person guilty of an offence under subsection ... (5) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (7) A person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under section 28 or 28A is guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (8) A person is not guilty of an offence under subsection (5) or (7) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
Propose a change(1) A person is guilty of an offence if, having been required to produce a document under section 26, 27, 28 or 28A— (a) he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or (b) he causes or permits its destruction, disposal, falsification or concealment. (1A) A person is not guilty of an offence under subsection (1) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1). (2) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Propose a change(1) If information is provided by a person to the CMA in connection with any function of the CMA under this Part, that person is guilty of an offence if— (a) the information is false or misleading in a material particular, and (b) he knows that it is or is reckless as to whether it is. (2) A person who— (a) provides any information to another person, knowing the information to be false or misleading in a material particular, or (b) recklessly provides any information to another person which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the CMA in connection with any of its functions under this Part, is guilty of an offence. (2A) A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1). (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Propose a changeSection 126 of the Enterprise Act 2002 (service of documents) applies to the giving of notices under this Chapter as it applies to the service of documents under Part 3 of that Act.
Propose a change(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4)); (b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person’s activities are being investigated as part of an investigation under section 25, or (b) the person has a UK connection. (4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or (b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section). (5) For the purposes of subsection (3)(b), a person has a UK connection if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (6) In subsection (5)(a) “United Kingdom national” means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who is a British subject under the British Nationality Act 1981; (c) a British protected person within the meaning of that Act. (7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.
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Propose a change(1) Any party to an agreement in respect of which the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision. (2) Any person in respect of whose conduct the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision. (3) In this section “decision” means a decision of the CMA — (a) as to whether the Chapter I prohibition has been infringed, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) as to whether the Chapter II prohibition has been infringed, (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) cancelling a block or assimilated exemption, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) not releasing commitments pursuant to a request made under section 31A(4)(b)(i), (h) releasing commitments under section 31A(4)(b)(ii), (ha) to make directions under section 35, (hb) not to make directions under section 35, (i) as to the imposition of any penalty under section 36 or as to the amount of any such penalty, and includes a direction under section 32 or 33 and such other decisions under this Part as may be prescribed. (4) Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates. (5) Part I of Schedule 8 makes further provision about appeals.
Propose a change(1) A person who does not fall within section 46(1) or (2) may appeal to the Tribunal with respect to— (a) a decision falling within paragraph (a), (c) or (e) of section 46(3); (b) a decision falling within paragraph (g) of section 46(3); (c) a decision of the CMA to accept or release commitments under section 31A, or to accept a variation of such commitments other than a variation which is not material in any respect; (d) a decision of the CMA to make directions under section 35; (e) a decision of the CMA not to make directions under section 35; or (f) such other decision of the CMA under this Part as may be prescribed. (2) A person may make an appeal under subsection (1) only if the Tribunal considers that he has a sufficient interest in the decision with respect to which the appeal is made, or that he represents persons who have such an interest. (3) The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.
Propose a change(1) A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules. (2) This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of— (a) the Chapter I prohibition, or (b) the Chapter II prohibition, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The claims are— (a) a claim for damages; (b) any other claim for a sum of money; (c) in proceedings in England and Wales or Northern Ireland, a claim for an injunction. (3A) This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition. (4) For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded. (5) The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim. (6) In this Part (except in section 49C) “infringement decision” means— (a) a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, or (b) a decision of the Tribunal on an appeal from the decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed.
Propose a change(1) Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A applies (“collective proceedings”). (2) Collective proceedings must be commenced by a person who proposes to be the representative in those proceedings. (3) The following points apply in relation to claims in collective proceedings— (a) it is not a requirement that all of the claims should be against all of the defendants to the proceedings, (b) the proceedings may combine claims which have been made in proceedings under section 47A and claims which have not, and (c) a claim which has been made in proceedings under section 47A may be continued in collective proceedings only with the consent of the person who made that claim. (4) Collective proceedings may be continued only if the Tribunal makes a collective proceedings order. (5) The Tribunal may make a collective proceedings order only— (a) if it considers that the person who brought the proceedings is a person who, if the order were made, the Tribunal could authorise to act as the representative in those proceedings in accordance with subsection (8), and (b) in respect of claims which are eligible for inclusion in collective proceedings. (6) Claims are eligible for inclusion in collective proceedings only if the Tribunal considers that they raise the same, similar or related issues of fact or law and are suitable to be brought in collective proceedings. (7) A collective proceedings order must include the following matters— (a) authorisation of the person who brought the proceedings to act as the representative in those proceedings, (b) description of a class of persons whose claims are eligible for inclusion in the proceedings, and (c) specification of the proceedings as opt-in collective proceedings or opt-out collective proceedings (see subsections (10) and (11)). (8) The Tribunal may authorise a person to act as the representative in collective proceedings— (a) whether or not that person is a person falling within the class of persons described in the collective proceedings order for those proceedings (a “class member”), but (b) only if the Tribunal considers that it is just and reasonable for that person to act as a representative in those proceedings. (9) The Tribunal may vary or revoke a collective proceedings order at any time. (10) “Opt-in collective proceedings” are collective proceedings which are brought on behalf of each class member who opts in by notifying the representative, in a manner and by a time specified, that the claim should be included in the collective proceedings. (11) “Opt-out collective proceedings” are collective proceedings which are brought on behalf of each class member except— (a) any class member who opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective proceedings, and (b) any class member who— (i) is not domiciled in the United Kingdom at a time specified, and (ii) does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective proceedings. (12) Where the Tribunal gives a judgment or makes an order in collective proceedings, the judgment or order is binding on all represented persons, except as otherwise specified. (13) The right to make a claim in collective proceedings does not affect the right to bring any other proceedings in respect of the claim. (14) In this section and in section 47C, “specified” means specified in a direction made by the Tribunal.
Propose a change(1) The Tribunal may not award exemplary damages in collective proceedings. (2) The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person. (3) Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to— (a) the representative, or (b) such person other than a represented person as the Tribunal thinks fit. (4) Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3). (5) Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007. (6) In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings. (7) The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection. (8) A damages-based agreement is unenforceable if it relates to opt-out collective proceedings. (9) In this section— (a) “charity” means a body, or the trustees of a trust, established for charitable purposes only; (b) “damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses); (c) “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.
Propose a change(1) An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings— (a) has the same effect as an injunction granted by the High Court, and (b) is enforceable as if it were an injunction granted by the High Court. (2) In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must— (a) in proceedings in England and Wales, apply the principles which the High Court would apply in deciding whether to grant an injunction under section 37(1) of the Senior Courts Act 1981, and (b) in proceedings in Northern Ireland, apply the principles that the High Court would apply in deciding whether to grant an injunction. (3) Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).
Propose a change(1) A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High Court. (2) A declarator granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declarator granted by the Court of Session. (3) In deciding whether to grant a declaration in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the High Court would apply in deciding whether to grant a declaration. (4) In deciding whether to grant a declarator in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the Court of Session would apply in deciding whether to grant a declarator. (5) The Tribunal may grant a declaration or declarator in proceedings under section 47A or collective proceedings whether or not any other remedy is claimed.
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Propose a changeSchedule 8A makes further provision about claims in respect of loss or damage , or for declarations or declarators, before a court or the Tribunal.
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