Part I Competition
Chapter III Investigation and Enforcement
F1Civil sanctions: breaches of commitments, directions and interim measures
35AEnforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties
(1)
The CMA may, in accordance with section 35B, impose a penalty on a person—
(a)
from whom the CMA has accepted commitments under section 31A (and who has not been released from those commitments), or
(b)
to whom the CMA has given a direction under section 32, 33 or 35,
where the CMA considers that the person has, without reasonable excuse, failed to adhere to the commitments or comply with the direction.
(2)
In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 35C at the time of the failure to adhere or comply.