Digital Markets, Competition and Consumers Act 2024

197 Provisional false information enforcement notice U.K.

(1) This section applies if—

(a) the CMA has reasonable grounds to believe that a person (“the respondent”) has, without reasonable excuse, provided information to the CMA that is materially false or misleading, and

(b) the information was provided in connection with the carrying out by the CMA of a direct enforcement function.

(2) The CMA may give to the respondent a notice under this section (a “provisional false information enforcement notice”).

(3) A provisional false information enforcement notice must—

(a) set out the grounds on which it is given;

(b) state that the CMA is considering imposing a monetary penalty;

(c) state the proposed amount of the penalty;

(d) state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the imposition of the proposed penalty and its amount;

(e) invite the respondent to make representations to the CMA about the giving of the notice;

(f) specify the means by which, and the time by which, such representations must be made.

(4) The means specified under subsection (3)(f) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.

(5) In this Part “direct enforcement function” means—

(a) a function of the CMA under this Chapter, or

(b) a function of the CMA under paragraph 16B or 16C of Schedule 5 to CRA 2015.

Commencement Information

I1 S. 197 not in force at Royal Assent, see s. 339(1)

I2 S. 197 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)