The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000

Determination of turnover for the purposes of section 36(8)U.K.

3.  The turnover of an undertaking for the purposes of section 36(8) is:

(1) the applicable turnover for the business year preceding the date when the infringement ended;

(2) where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under paragraph (1) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 12 months bears to 12 months; and

(3) where the length of the infringement is more than 24 months, in addition the amount of the applicable turnover for the business year preceding that identified under paragraph (2) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 24 months bears to 12 months;

save that the amount added under paragraph (2) or (3) shall not exceed the amount of the applicable turnover for the preceding business year in question.

Commencement Information

I1Art. 3 in force at 1.3.2000, see art. 1(1)