Digital Markets, Competition and Consumers Act 2024

88 Amount of penalties under section 87 U.K.

(1) The amount of a penalty imposed on a person under section 87 may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in subsections (3) and (5).

(2) The amount of a penalty under section 87 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 maximum amounts of a penalty that may be imposed on an undertaking that is not an individual are—

(a) in the case of a fixed amount, an amount equal to 1% of the total value of the person’s turnover (both inside and outside the United Kingdom);

(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 person’s daily turnover (both inside and outside the United Kingdom);

(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.

(4) Where a person is an undertaking that is part of a group, references in subsection (3) to the person’s turnover are to the turnover of that group.

(5) The maximum amounts of a penalty that may be imposed on an individual or a person that is not an undertaking are—

(a) in the case of a fixed amount, £30,000,

(b) in the case of an amount calculated by reference to a daily rate, £15,000 per day, or

(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.

(6) The Secretary of State may by regulations amend the amounts mentioned in paragraphs (a) and (b) of subsection (5).

(7) The Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate before making regulations under subsection (6).

(8) Regulations under subsection (6) are subject to the affirmative procedure.

Commencement Information

I1 S. 88 in force at Royal Assent for specified purposes, see s. 339(2)(c)

I2 S. 88 in force at 1.1.2025 in so far as not already in force by S.I. 2024/1226, regs. 1(2), 2(1)(2)