Part 1

Digital Markets
Chapter 7

Enforcement and appeals

Civil penalties

Penalties for failure to comply with competition requirements
85
1
Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a penalty on the undertaking.
2
The requirements are—
a
a requirement imposed by virtue of an enforcement order under section 31 or section 32,
b
a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42),
c
a requirement imposed by virtue of a pro-competition order under section 46, and
d
the requirement to comply with a commitment given under section 36 or 56.
3
The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19.
4
The CMA may impose a penalty on an undertaking or, where the undertaking is part of a group, the group, where the CMA considers that the undertaking or any member of the group has, without reasonable excuse, failed to comply with a requirement in Chapter 5 (mergers).
S. 85 not in force at Royal Assent, see s. 339(1)
S. 85 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)