Guidance

Appropriate CA98 penalty calculation: CMA73

Sets out the basis on which the CMA calculates financial penalties for CA98 infringements.

• From: Competition and Markets Authority
• Published: 18 April 2018
• Last updated: 16 December 2021 — See all updates

Documents

CMA's guidance as to the appropriate amount of a penalty

PDF, 324 KB, 22 pages

Details

16 December 2021: The CMA published updated penalties guidance that reflects the experience from past Competition Act 1998 cases and in view of the likely increased caseload resulting from the UK’s withdrawal from the European Union.

This guidance sets out the method the CMA uses when calculating financial penalties for CA98 infringements, including the statutory basis for imposing penalties set out in the Competition Act 1998.

This guidance includes changes made to the previous guidance following a consultation process in July 2021.

Please also note:

• all references to issues of legal assessment and procedure in investigations under the Competition Act 1998 (CA98) must be read in the light of Competition Act 1998: Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8); in the case of conflict, CMA8 prevails
• references to the substantive powers of investigation or assessment of the approach to applying legal powers (for example, the approach to publishing notices of investigation, interim measures or penalties for non-cooperation with an investigation under the CA98), should be read in light of CMA8

Published 18 April 2018
Last updated 16 December 2021 + show all updates

1. 16 December 2021

   Updated version of CMA73 published following consultation.

2. 18 April 2018

   Guidance updated.

3. 18 April 2018

   First published.