Part 3Mergers

Chapter 5Supplementary

Investigation powers

111 Penalties F1: amount

(1)

A penalty imposed under section 110(1) or F2(1A) shall be of such amount as F3the appropriate authority considers appropriate.

(2)

The amount may, in the case of a penalty imposed under section F4110(1)(a), be a fixed amount, an amount calculated by reference to a daily rate or a combination of a fixed amount and an amount calculated by reference to a daily rate.

(3)

The amount shall, in the case of a penalty imposed under section F5any of section 110(1)(b), (c) or (1A), be a fixed amount.

(4)

F6A penalty imposed under section 110(1) or (1A) on a person who does not own or control an enterprise 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; and

(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(4A)

A penalty imposed under section 110(1) or (1A) on any other person must not—

(a)

in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(b)

in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(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.

(5)

In imposing a penalty by reference to a daily rate—

(a)

no account shall be taken of any days before the service of the F11provisional penalty notice under section 112(A1) on the person concerned; and

(b)

unless F12the appropriate authority determines an earlier date (whether before or after the penalty is imposed), the amount payable shall cease to accumulate at the beginning of F13the earliest of the following days—

(i)

the day on which the requirement of the notice concerned under section 109 is satisfied F14...;F15...

(ii)

F16... F17 the day which is the relevant day in the case in question for the purposes of section 110A.

F18(iii)

in a case where the penalty is 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.

F19(6)

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F19(7)

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F20(7A)

The Secretary of State may by regulations amend subsection (4)(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 F21regulations under subsection (7A) the Secretary of State shall consult the F22CMA F23, OFCOM and such other persons as he considers appropriate.

F24(9)

The Secretary of State may by regulations make provision for determining, for the purposes of this section—

(a)

when an enterprise is to be treated as being controlled by a person;

(b)

the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise.

(10)

Regulations under subsection (9)(b) may, in particular, make provision as to—

(a)

the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover;

(b)

the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined.

(11)

Regulations under subsection (9) may, in particular, make provision enabling the appropriate authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).