Part I Competition

Chapter III Investigation and Enforcement

F1Civil sanctions: failure to comply with investigative requirements

40BStatement of policy on penalties

(1)

The CMA must prepare and publish a statement of policy in relation to the F2exercise of functions under section F340ZE.

(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 F440ZE.

(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 F5the 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.

F6(5A)

A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

F7(6)

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