Part 3Mergers
Chapter 4Enforcement
Other
F1F294AAEnforcement of undertakings and orders: imposition of penalties
(1)
The appropriate authority may, in accordance with section 94AB, impose a penalty on a person—
(a)
from whom the authority has accepted an enforcement undertaking, or
(b)
to whom an enforcement order is addressed,
where the authority considers that the person has, without reasonable excuse, failed to comply with the undertaking or order.
(2)
In this section and in section 94AB, “the appropriate authority” means—
(a)
in relation to an enforcement undertaking or enforcement order made by the Secretary of State under Schedule 7, the Secretary of State;
(b)
in relation to any other enforcement undertaking or enforcement order, the CMA.
(3)
In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 94B at the time of the failure to comply.