Part 3

Enforcement of consumer protection law
Chapter 4

Direct enforcement powers of CMA

Undertakings

Monetary penalties under section 189: amount
190
1
This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of undertakings enforcement notice.
2
The amount of the penalty must be—
a
a fixed amount,
b
an amount calculated by reference to a daily rate, or
c
a combination of a fixed amount and an amount calculated by reference to a daily rate.
3
The penalty must not exceed—
a
in the case of a fixed amount, £150,000 or, if higher, 5% of the total value of the turnover (if any) of the respondent;
b
in the case of an amount calculated by reference to a daily rate, for each day £15,000 or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;
c
in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.
4
In imposing a penalty by reference to a daily rate—
a
no account is to be taken of any days before the date on which the provisional breach of undertakings enforcement notice was given to the respondent, and
b
unless the CMA determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the final breach of undertakings enforcement notice are complied with.
S. 190 not in force at Royal Assent, see s. 339(1)
S. 190 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)