(1)This section applies where—
(a)the CMA has given to the respondent a provisional breach of directions enforcement notice under section 191 in respect of a suspected failure to comply with an enforcement direction,
(b)the time for the respondent to make representations to the CMA in accordance with that notice has expired, and
(c)after considering such representations (if any), the CMA is satisfied that the respondent has, without reasonable excuse, failed to comply with the direction.
(2)The CMA may give to the respondent a notice under this section (a “final breach of directions enforcement notice”).
(3)A final breach of directions enforcement notice is a notice that imposes on the respondent a requirement to pay a monetary penalty.
(4)A final breach of directions enforcement notice must—
(a)set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the failure mentioned in subsection (1)(c);
(b)state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;
(c)specify the monetary penalty information (see section 203).
(5)A final breach of directions enforcement notice may—
(a)vary or revoke the enforcement direction mentioned in subsection (1);
(b)specify such other directions as the CMA considers appropriate for the purpose of securing that the respondent complies with the requirements in respect of which the enforcement direction was given.
(6)Where a final breach of directions enforcement notice includes provision under subsection (5) that varies an enforcement direction or specifies other directions, the notice must (in addition to the requirements under subsection (4)) also state that the respondent has a right to appeal against the notice and the main details of that right.
(7)The CMA may publish a final breach of directions enforcement notice in such manner, and to such extent, as the CMA considers appropriate.
Modifications etc. (not altering text)
C1Ss. 191-196 applied (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) by 2015 c. 15, Sch. 5 para. 16C(11) (as inserted by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8))
Commencement Information
I1S. 192 not in force at Royal Assent, see s. 339(1)
I2S. 192 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)