PART 4Competition Reform
CHAPTER 3Anti-trust
Interim measures and other sanctions
43Threshold for interim measures
In section 35 of the 1998 Act (interim measures), in subsection (2)(a), for “serious, irreparable damage” substitute “significant damage”.
44Penalties: guidance etc.
1
Part 1 of the 1998 Act (competition) is amended as follows.
2
In section 36 (penalties), after subsection (7) insert—
7A
In fixing a penalty under this section the CMA must have regard to—
a
the seriousness of the infringement concerned, and
b
the desirability of deterring both the undertaking on whom the penalty is imposed and others from—
i
entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or
ii
engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82.
3
In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “and the Tribunal”.