Part 3Enforcement of consumer protection law
Chapter 4Direct enforcement powers of CMA
Infringement notices and penalties
182Final infringement notice
(1)
This section applies where—
(a)
the CMA has given to the respondent a provisional infringement notice under section 181,
(b)
the time for the respondent to make representations to the CMA in accordance with that notice has expired, and
(c)
after considering such representations (if any), the CMA is satisfied that—
(i)
the respondent has engaged, is engaging or is likely to engage in a commercial practice constituting a relevant infringement, or
(ii)
the respondent is an accessory to such a practice.
(2)
The CMA may give to the respondent a notice under this section (a “final infringement notice”).
(3)
In deciding whether to give a final infringement notice the CMA must, in particular, have regard to whether the respondent has previously given an undertaking under this Chapter or Chapter 3 in respect of the acts or omissions in relation to which the final infringement notice would be given.
(4)
A final infringement notice may impose on the respondent a requirement to do either or both of the following—
(a)
a requirement to comply with such directions as the CMA considers appropriate for or in connection with the purpose of securing that the respondent complies with section 181(5) (which may include directions to take enhanced consumer measures in accordance with section 183);
(b)
subject to subsection (5), a requirement to pay a monetary penalty.
(5)
In the case of a respondent within subsection (1)(c)(i), a requirement to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent has engaged, or is engaging, in a commercial practice constituting a relevant infringement (and not in respect of a practice that the CMA is satisfied that the person is likely to engage in).
(6)
The amount of a monetary penalty imposed under subsection (4)(b) must be a fixed amount not exceeding £300,000 or, if higher, 10% of the total value of the turnover (if any) of the respondent.
(7)
A final infringement notice must—
(a)
set out the grounds on which it is given, including the respondent’s acts or omissions on account of which the notice is given;
(b)
state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;
(c)
if a penalty is imposed by the notice under subsection (4)(b), contain the monetary penalty information (see section 203);
(d)
state that the respondent has a right to appeal against the notice and the main details of that right (so far as not stated in accordance with paragraph (c)).
(8)
A final infringement notice may require the respondent to publish—
(a)
the notice;
(b)
a corrective statement.
(9)
Publication under subsection (8) must be made in such form and manner, and to such extent, as the CMA considers appropriate for the purpose of eliminating any continuing effects of the relevant infringement.