Section 206(5)

In deciding whether to recover the penalty from the person under subsection (2), the CMA must have regard to— whether any compensation required to be paid to consumers under the redress measures has been, or is likely to be, paid, and where any such payments have not yet been paid (in full or in part), the effect that recovery of the penalty from the person may have on the person’s ability to make those compensatory payments.

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Source: legislation.gov.uk · retrieved 2026-07-30