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”.