Part I Competition

Chapter III Investigation and Enforcement

Civil sanctions: infringements of the Chapter I or II prohibitions

38 The appropriate level of a penalty.

(1)

The F1CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part F2 in respect of an infringement of F3the Chapter 1 prohibition or the Chapter 2 prohibition.

F4F5(1A)

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(2)

The F1CMA may at any time alter the guidance.

(3)

If the guidance is altered, the F1CMA 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 F6CMA may, after consulting the Secretary of State, choose how F7it publishes F7its guidance.

(6)

If the F6CMA is preparing or altering guidance under this section F7it must consult such persons as F7it 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 F8 in respect of an infringement of a kind mentioned in subsection (1) , the F9CMA F10and the Tribunal must have regard to the guidance for the time being in force under this section.

F11(9)

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F12(10)

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