Guidance

Administrative Penalties: Statement of Policy on the CMA’s Approach (CMA4)

Outlines the CMA’s approach to imposing administrative penalties for failure to comply with requirements imposed under its investigatory and remedies powers.

• From: Competition and Markets Authority
• Published: 10 January 2014
• Last updated: 19 December 2024 — See all updates

Documents

Administrative Penalties: Statement of Policy on the CMA's Approach

PDF, 535 KB, 60 pages

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Administrative penalties: Statement of policy on the CMA’s approach (2014 - 2024 version)

Ref: CMA4

PDF, 261 KB, 40 pages

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Details

The new guidance (2025 version) takes effect from 1 January 2025 and applies, subject to the transitional provisions of The Digital Markets, Competition and Consumers Act 2024 (Commencement No.1 and Savings and Transitional Provisions) Regulations 2024 (SI 2024/1226), to breaches committed on or after that date.

This guidance document discusses the CMA’s powers to impose penalties for breaches of requirements imposed in investigations under the CMA’s competition, markets, mergers and motor-fuel information gathering functions as well as for breaches of remedies imposed in CMA competition, markets and mergers cases.

It also discusses the CMA’s powers to take non-penalty enforcement action in respect of breaches of such remedies.  This guidance document reflects the changes to the CMA’s relevant powers made by the Digital Markets, Competition and Consumers Act 2024 (DMCCA) as well as developments in CMA practices relating to administrative penalties.

This guidance document also addresses penalties that can be imposed in respect of breaches of certain investigative and competition requirements under the digital markets competition regime created by the DMCCA.  

The CMA is required to produce a statement of policy in relation to the various powers discussed above, which must be approved by the Secretary of State before it can be published. This guidance document is the CMA’s statement of policy for these purposes and was approved by the Secretary of State for Business and Trade on 17 December 2024.

The CMA’s guidance on penalties under the digital markets competition regime not covered by this guidance document is contained in the Digital Markets Competition Regime Guidance.

2014 to 2024 version of CMA4

Please note that the CMA published an earlier version of CMA4 in 2014 (the 2014 to 2024 version of CMA4). The 2014 to 2024 version of CMA4 applies in respect of administrative penalties for failures to comply with:

• notices requiring the attendance of witnesses or production of documents or information in phase 1 and phase 2 mergers and markets investigations
• requirements to provide information in antitrust investigations
• interim measures in mergers cases 

committed before 1 January 2025.

Published 10 January 2014
Last updated 19 December 2024 + show all updates

1. 19 December 2024

   Updated guidance published

2. 10 January 2014

   First published.