Competition Act 1998

38 The appropriate level of a penalty

(1) The Director must prepare and publish guidance as to the appropriate amount of any penalty under this Part.

(2) The Director may at any time alter the guidance.

(3) If the guidance is altered, the Director 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 Director may, after consulting the Secretary of State, choose how he publishes his guidance.

(6) If the Director is preparing or altering guidance under this section he must consult such persons as he 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, the Director must have regard to the guidance for the time being in force under this section.

(9) If a penalty or a fine has been imposed by the Commission, or by a court or other body in another Member State, in respect of an agreement or conduct, the Director, an appeal tribunal or the appropriate court must take that penalty or fine into account when setting the amount of a penalty under this Part in relation to that agreement or conduct.

(10) In subsection (9) “the appropriate court” means—

(a) in relation to England and Wales, the Court of Appeal;

(b) in relation to Scotland, the Court of Session;

(c) in relation to Northern Ireland, the Court of Appeal in Northern Ireland;

(d) the House of Lords.