Part 3Enforcement of consumer protection law

Chapter 4Direct enforcement powers of CMA

Directions

191Provisional breach of directions enforcement notice

1

This section applies where—

a

an enforcement direction has been given to a person (“the respondent”), and

b

the CMA has reasonable grounds to believe that the respondent has without reasonable excuse failed to comply with the direction (fully or to any respect).

2

The CMA may give to the respondent a notice under this section (a “provisional breach of directions enforcement notice”).

3

A provisional breach of directions enforcement notice must—

a

set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the belief mentioned in subsection (1)(b);

b

set out proposed directions for the purpose of securing that the respondent complies with the direction;

c

invite the respondent to make representations to the CMA about the giving of the notice;

d

specify the means by which, and the time by which, such representations must be made.

4

The means specified under subsection (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.

5

A provisional breach of directions enforcement notice must also state—

a

that the CMA is considering imposing a monetary penalty;

b

the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

c

any further factors (in addition to those provided under subsection (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.

6

In this Chapterenforcement direction” means a direction given in—

a

a final infringement notice,

b

an online interface notice, or

c

a final breach of undertakings enforcement notice.