Consultation outcome

CA98 penalties guidance

• From: Competition and Markets Authority
• Published: 2 August 2017
• Last updated: 18 April 2018 — See all updates

This consultation has concluded

Read the full outcome

Summary of responses to the consultation

PDF, 337 KB, 13 pages

Detail of outcome

The CMA has published its response to the consultation and updated guidance on the appropriate amount of penalty. The guidance received approval from the Secretary of State for Business, Energy and Industrial Strategy on 16 April 2018.

Feedback received

American Bar Association

PDF, 115 KB, 4 pages

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Charles Russell Speechlys LLP

PDF, 68.8 KB, 1 page

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Clifford Chance LLP

PDF, 75.1 KB, 5 pages

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Ashurst LLP

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Baker McKenzie

PDF, 142 KB, 3 pages

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Davis Polk & Wardwell London LLP

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Freshfields Bruckhaus Deringer LLP

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Herbert Smith Freehills LLP

PDF, 234 KB, 7 pages

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International Bar Association

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United Utilities

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Law Society of Scotland

PDF, 398 KB, 4 pages

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Detail of feedback received

The responses can be found above.

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Original consultation

Summary

The CMA consulted on proposed revisions to its published guidance on penalty setting in Competition Act 1998 (CA98) cases.

This consultation ran from
2pm on 2 August 2017 to 5pm on 27 September 2017

Consultation description

We are inviting views on some revisions to the current guidance. These changes are based on decisional practice since the last change in the guidance in 2012, and relate to:

• Step 1 – application of the 30% starting point range
• Step 3 – mitigating and aggravating factors
• Step 4 – adjustment for proportionality and specific deterrence
• Step 6 – application of reductions for leniency and settlement

The guidance has also been revised to reflect institutional changes since it was originally published.

Documents

Consultation document: Draft revised CMA guidance on the appropriate amount of a penalty

Ref: CMA73con

PDF, 344 KB, 23 pages

CMA’s guidance as to the appropriate amount of a penalty – clean copy

Ref: CMA73con

PDF, 350 KB, 28 pages

CMA's guidance as to the appropriate amount of a penalty – marked-up copy

Ref: CMA73con

PDF, 565 KB, 29 pages

Published 2 August 2017
Last updated 18 April 2018 + show all updates

1. 18 April 2018

   Consultation concluded.

2. 2 August 2017

   First published.