Digital Markets, Competition and Consumers Act 2024

87 Penalties for failure to comply with investigative requirements

(1) The CMA may impose a penalty on a person where it considers that the person has, without reasonable excuse—

(a) failed to comply with a requirement imposed by or under Chapter 6,

(b) given information which is false or misleading in a material particular in connection with any function of the CMA under this Part, or

(c) given information which is false or misleading in a material particular to another person knowing that the information was to be used for the purpose of giving information to the CMA in connection with any function of the CMA under this Part.

(2) The CMA may impose a penalty on an individual named as a senior manager under section 70 as well as on the undertaking that names the individual where—

(a) the CMA considers that the individual has failed, without reasonable excuse, to prevent a failure or an action by the undertaking of a sort mentioned in subsection (1), and

(b) the failure or action relates to an information notice in response to which the individual was named as a senior manager.

(3) The CMA may impose a penalty on an individual who is appointed by an undertaking to be a nominated officer under section 83 in relation to a digital markets requirement (within the meaning of that section), as well as on the undertaking that appoints the individual, where the CMA considers that the individual has failed, without reasonable excuse, to prevent the undertaking from failing to comply with a requirement in or under section 84 (compliance reports) in relation to that digital markets requirement.

(4) The CMA may impose a penalty on an individual where it considers that the individual has, without reasonable excuse, obstructed an officer of the CMA acting in the exercise of the officer’s powers under—

(a) section 74, or

(b) a warrant issued under section 75.