Section 85

Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a penalty on the undertaking. The requirements are— a requirement imposed by virtue of an enforcement order under section 31 or section 32, a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42), a requirement imposed by virtue of a pro-competition order under section 46, and the requirement to comply with a commitment given under section 36 or 56. The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19. The CMA may impose a penalty on an undertaking or, where the undertaking is part of a group, the group, where the CMA considers that the undertaking or any member of the group has, without reasonable excuse, failed to comply with a requirement in Chapter 5 (mergers).

← 5 · All articles · 1 →

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