Digital Markets, Competition and Consumers Act 2024

20 (1) Section 114 (appeals in relation to penalties) is amended as follows. U.K.

(2) In subsection (1), for “(3)” substitute “(1A)”

(3) In subsection (4), in the words before paragraph (a), for “the CMA” substitute “the appropriate authority”.

(4) In subsection (5), in paragraph (c), for “the CMA” substitute “the appropriate authority”.

(5) After subsection (5) insert—

“(5A) In the case of a penalty imposed on a person by the CMA or OFCOM, in considering what is appropriate for the purposes of subsection (5) the Competition Appeal Tribunal must have regard to the relevant guidance.”

(6) In subsection (7), in paragraph (b), for “the CMA” substitute “the appropriate authority”.

(7) In subsection (12)—

(a) the words from ““the appropriate court”” to the end become paragraph (a);

(b) after that paragraph insert—

“(b) “the relevant guidance” means—

(i) in the case of a penalty imposed on a person by the CMA, the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred;

(ii) in the case of a penalty imposed on a person by OFCOM, 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.”

Commencement Information

I1 Sch. 10 para. 20 not in force at Royal Assent, see s. 339(1)

I2 Sch. 10 para. 20 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 14(1)(2), 20)