Section 38

The CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part in respect of an infringement of the Chapter 1 prohibition or the Chapter 2 prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The CMA may at any time alter the guidance. If the guidance is altered, the CMA must publish it as altered. No guidance is to be published under this section without the approval of the Secretary of State. The CMA may, after consulting the Secretary of State, choose how it publishes its guidance. If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate. If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. When setting the amount of a penalty under this Part in respect of an infringement of a kind mentioned in subsection (1) , the CMA and the Tribunal must have regard to the guidance for the time being in force under this section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: legislation.gov.uk · retrieved 2026-09-04