(1)This section applies in relation to a requirement imposed on the respondent to pay a monetary penalty under a final breach of directions 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 imposed on a person 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 directions 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 relevant directions are fully complied with.
(5)In subsection (4)(b) the “relevant directions” are—
(a)the enforcement direction mentioned in section 192(1)(a) (if not revoked under section 192(5)(a));
(b)any further directions specified under section 192(5)(b).
Modifications etc. (not altering text)
C1Ss. 191-196 applied (24.5.2024 for specified purposes, 6.4.2025 in so far as not already in force) by 2015 c. 15, Sch. 5 para. 16C(11) (as inserted by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19); S.I. 2025/272, reg. 2(1)(8))
Commencement Information
I1S. 193 not in force at Royal Assent, see s. 339(1)
I2S. 193 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)