Part I Competition
Chapter III Investigation and Enforcement
F1Civil sanctions: failure to comply with investigative requirements
40APenalties: F2amount
F3(1A)
A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.
(2)
F4A 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.
F5(2A)
A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.
(3)
F6A 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 F7£30,000;
(b)
in the case of an amount calculated by reference to a daily rate, exceed F8£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 F9....
F10(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.
F11(4)
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F11(5)
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(6)
In imposing a penalty by reference to a daily rate—
(a)
(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;
F14(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.
F15(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 F16regulations under subsection (7A), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.
F17(9)
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F18(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)).