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Changes over time for: Section 44


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 06/04/2016.
Changes to legislation:
There are currently no known outstanding effects for the Enterprise and Regulatory Reform Act 2013, Section 44.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
44Penalties: guidance etc.U.K.
This section has no associated Explanatory Notes
(1)Part 1 of the 1998 Act (competition) is amended as follows.
(2)In section 36 (penalties), after subsection (7) insert—
“(7A)In fixing a penalty under this section the CMA must have regard to—
(a)the seriousness of the infringement concerned, and
(b)the desirability of deterring both the undertaking on whom the penalty is imposed and others from—
(i)entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or
(ii)engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82.”
(3)In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “ and the Tribunal ”.
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