Part 1

Digital Markets
Chapter 7

Enforcement and appeals

Civil penalties

Procedure and appeals etc
89
1
Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), 114 (appeals), and 115 (recovery of penalties) of EA 2002 apply in relation to a penalty imposed under section 85 or 87 as they apply in relation to a penalty imposed under section 110(1) of that Act.
2
For the purposes of this section—
a
sections 112 to 115 of EA 2002 are to be read as if references to “the appropriate authority” were references to “the CMA” only;
b
section 114(5A) of that Act is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted;
c
section 114(12) of that Act is to be read as if, for paragraph (b), there were substituted—
b
“the relevant guidance” means the statement of policy which was most recently published under section 91 of the Digital Markets, Competition and Consumers Act 2024 at the time of the act or omission giving rise to the penalty.
S. 89 not in force at Royal Assent, see s. 339(1)
S. 89 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)