Digital Markets, Competition and Consumers Act 2024

206 Recovery of monetary penalties U.K.

(1) This section applies where a monetary penalty imposed under Chapter 4, or any part of such a penalty, has not been paid by the date on which it is required to be paid and—

(a) an appeal to a court against the imposition of the penalty has not been brought before the end of the period within which it is required to be brought, or

(b) any such appeal that was brought has been determined, withdrawn or otherwise disposed of.

(2) The CMA may recover from the person on whom the penalty was imposed any of the penalty and any interest which has not been paid.

(3) Any such penalty and interest may be recovered summarily (or, in Scotland, recovered) as a civil debt by the CMA.

(4) Subsection (5) applies where—

(a) a penalty is payable by a person by virtue of a final infringement notice,

(b) the notice also includes directions imposing a requirement on the person to take enhanced consumer measures, and

(c) the enhanced consumer measures that the person is required to take are or include redress measures (see section 221(2)).

(5) In deciding whether to recover the penalty from the person under subsection (2), the CMA must have regard to—

(a) whether any compensation required to be paid to consumers under the redress measures has been, or is likely to be, paid, and

(b) where any such payments have not yet been paid (in full or in part), the effect that recovery of the penalty from the person may have on the person’s ability to make those compensatory payments.

Commencement Information

I1 S. 206 not in force at Royal Assent, see s. 339(1)

I2 S. 206 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)