Digital Markets, Competition and Consumers Act 2024

Prospective

Miscellaneous and appeals U.K.

199 Statement of policy in relation to monetary penalties U.K.

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a monetary penalty under this Chapter.

(2) The statement must include a statement about the considerations relevant to the determination of—

(a) whether to impose a penalty under this Chapter, and

(b) the nature and amount of any such penalty.

(3) The CMA may revise its statement of policy and, where it does so, must publish the revised statement.

(4) In preparing or revising its statement of policy the CMA must consult—

(a) the Secretary of State, and

(b) such other persons as the CMA considers appropriate.

(5) A statement of policy, or revised statement, may not be published under this section without the approval of the Secretary of State.

(6) Subsection (7) applies where the CMA proposes to impose under this Chapter a monetary penalty on a person.

(7) The CMA must have regard to the statement of policy most recently published under this section at the time of the act or omission giving rise to the penalty in deciding—

(a) whether to impose the penalty, and

(b) if so, the nature and amount of the penalty.

Commencement Information

I1 S. 199 not in force at Royal Assent, see s. 339(1)

200 Interconnected bodies corporate U.K.

(1) This section applies where—

(a) the CMA gives to a body corporate (“the respondent”) a final notice, and

(b) the interconnection condition applies in relation to the respondent.

(2) The interconnection condition applies in relation to the respondent if—

(a) at the time the final notice is given, the respondent is a member of a group of interconnected bodies corporate,

(b) at any time when requirements imposed by the final notice remain in force, the respondent becomes a member of a group of interconnected bodies corporate, or

(c) at any time when requirements imposed by the final notice remain in force, a group of interconnected bodies corporate of which the respondent is a member is increased by the addition of one or more further members.

(3) The notice may include provision for the requirements (or any particular requirements) imposed by the final notice on the respondent also to be binding upon all other members of the group (in addition to the respondent), as if each of them were the respondent.

(4) Provision may be included in a notice under subsection (3) only if the CMA considers it just, reasonable and proportionate to include that provision.

(5) A group of interconnected bodies corporate is a group consisting of two or more bodies corporate all of whom are interconnected with each other.

(6) Any two bodies corporate are interconnected—

(a) if one of them is a subsidiary of the other, or

(b) if both of them are subsidiaries of the same body corporate.

(7) Where a final notice includes provision under subsection (3), the notice must also be given to any other member of the respondent’s group in relation to which the requirements imposed by the notice are to be binding.

(8) In this section “final notice” means—

(a) a final infringement notice,

(b) an online interface notice, or

(c) a final breach of directions enforcement notice.

Commencement Information

I2 S. 200 not in force at Royal Assent, see s. 339(1)

201 Record-keeping and reporting requirements U.K.

(1) The CMA must keep a record of—

(a) undertakings it has accepted and enforcement directions it has given, and

(b) reviews it has carried out in relation to the effectiveness of such undertakings and directions.

(2) If requested to do so by the Secretary of State, the CMA must prepare a report on—

(a) the effectiveness of undertakings and enforcement directions, and

(b) the number and outcome of appeals brought under section 202.

(3) The CMA must—

(a) provide to the Secretary of State a report prepared under this section, and

(b) publish the report in such manner as the CMA considers appropriate.

(4) In this section—

(a) “undertakings” means undertakings given under section 185;

(b) “enforcement directions” includes directions given in a notice under section 192(5)(b).

Commencement Information

I3 S. 201 not in force at Royal Assent, see s. 339(1)

202 Appeals U.K.

(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against—

(a) a decision to impose a monetary penalty by virtue of the notice,

(b) the nature or amount of any such penalty, or

(c) the giving of directions by virtue of the notice.

(2) The grounds for an appeal under subsection (1)(a) or (b) are that—

(a) the decision to impose a monetary penalty was based on an error of fact,

(b) the decision was wrong in law,

(c) the amount of the penalty is unreasonable, or

(d) the decision was unreasonable or wrong for any other reason.

(3) The grounds for an appeal under subsection (1)(c) are that—

(a) the decision to give the directions was based on an error of fact,

(b) the decision was wrong in law,

(c) the nature of the directions is unreasonable, or

(d) the decision was unreasonable or wrong for any other reason.

(4) On an appeal under this section the appropriate appeal court may quash, confirm or vary the relevant notice.

(5) Except in the case of an appeal relating to a final false information enforcement notice, in addition to the powers conferred by subsection (4) the appropriate appeal court may also remit any matter that is the subject of the appeal to the CMA.

(6) An appeal under this section must be brought before the end of the applicable period beginning with the day on which the relevant notice was given to the person seeking to bring the appeal.

(7) The appropriate appeal court may extend the applicable period for bringing an appeal.

(8) Where an appeal is brought in respect of—

(a) a requirement to pay a monetary penalty, or

(b) a requirement to pay compensation under directions imposing enhanced consumer measures,

the penalty or compensation is not required to be paid until after the appeal is determined, withdrawn or otherwise dealt with.

(9) In this section—

• “applicable period” means—

  (a)

  in relation to a final false information enforcement notice, the period of 28 days;

  (b)

  in relation to any other relevant notice, the period of 60 days;

• “appropriate appeal court” means—

  (a)

  in relation to England and Wales or Northern Ireland, the High Court;

  (b)

  in relation to Scotland, the Outer House of the Court of Session;

• “relevant notice” means—

  (a)

  a final infringement notice,

  (b)

  an online interface notice,

  (c)

  a final breach of undertakings enforcement notice,

  (d)

  a final breach of directions enforcement notice, or

  (e)

  a final false information enforcement notice.

Commencement Information

I4 S. 202 not in force at Royal Assent, see s. 339(1)