Part 1

Digital Markets
Chapter 7

Enforcement and appeals

Civil penalties

Amount of penalties under section 85
86
1
The amount of a penalty imposed on a person under section 85 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in subsection (4).
2
The amount of a penalty under section 85(1) 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 amount of a penalty under section 85(3) or (4) must be a fixed amount.
4
The maximum amounts of a penalty that may be imposed are—
a
in the case of a fixed amount, an amount equal to 10% of the total value of the turnover of the undertaking or, where the undertaking is part of a group, the turnover of the group;
b
in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 5% of the total value of the daily turnover of the undertaking or, where the undertaking is part of a group, the daily turnover of the group;
c
in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amounts mentioned in paragraph (a), in relation to the fixed amount, and paragraph (b), in relation to the amount calculated by reference to a daily rate.
5
In subsection (4), references to the total value of the turnover or daily turnover of an undertaking or group are to the total value of the turnover or daily turnover of the undertaking or, as the case may be, group, both inside and outside the United Kingdom.
S. 86 not in force at Royal Assent, see s. 339(1)
S. 86 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)