Section 110(9)

In deciding whether and, if so, how to proceed under subsection (1) or (1A) or section 39(4) or 51(4) (including that enactment as applied by section 65(3))— the CMA must have regard to the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred; OFCOM must have regard to the statement of policy which was most recently published under section 392 of the Communications Act 2003 (penalties imposed by OFCOM) at the time when the act or omission concerned occurred.

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