Digital Markets, Competition and Consumers Act 2024

85 Penalties for failure to comply with competition requirements

(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).