Schedules

Schedule 10Civil penalties etc in connection with competition investigations

Part 3Investigations under Part 4 of EA 2002 (market studies and market investigations)

I129

1

Section 174D (penalties) is amended as follows.

2

In the heading, at the end insert “: amount”.

3

In subsection (1)—

a

for “(3)” substitute “(1A)”;

b

for “the CMA” insert “the relevant authority”.

4

In subsection (2), in the words before paragraph (a), for “174A(1)” substitute “174A(1)(a)”.

5

In subsection (3), for “section 174A(3)” substitute “any of section 174A(1)(b), (c) or (1A)”.

6

In subsection (4)—

a

for the words before paragraph (a) substitute “A penalty imposed under section 174A(1) or (1A) on a person who does not own or control an enterprise must not—”;

b

in paragraph (a), for “such amount as the Secretary of State may by order specify” substitute “£30,000”;

c

in paragraph (b), for “such amount per day as the Secretary of State may so specify” substitute “£15,000 per day”;

d

in paragraph (c) omit “as the Secretary of State may so specify”.

7

After subsection (4) insert—

4A

A penalty imposed under section 174A(1) or (1A) on any other person must not—

a

in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

b

in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

c

in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.

8

Omit subsections (5) and (6).

9

Before subsection (7) insert—

6A

The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.

10

In subsection (7), in the words before paragraph (a), for “an order under subsection (4) or (5)” substitute “regulations under subsection (6A)”.

11

In subsection (8), in paragraph (a)—

a

for “notice under section 112” substitute “provisional penalty notice under section 112(A1)”;

b

for “subsection (10)” substitute “section 174A(10)”.

12

Omit subsection (10).

13

After subsection (10) insert—

11

The Secretary of State may by regulations make provision for determining, for the purposes of this section—

a

when an enterprise is to be treated as being controlled by a person;

b

the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise.

12

Regulations under subsection (11)(b) may, in particular, make provision as to—

a

the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover;

b

the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined.

13

Regulations under subsection (11) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (12)).