40 Civil enforcement of investigation powers
Enterprise and Regulatory Reform Act 2013 (2013 c 24) | Legislation

40  Civil enforcement of investigation powers

(1)     Part 1 of the 1998 Act (competition) is amended as follows.

(2)     After section 40 insert—

“Civil sanctions

40A Penalties: failure to comply with requirements

(1)     Where the CMA considers that a person has, without reasonable excuse, failed to comply with a requirement imposed on the person under section 26, 26A, 27, 28 or 28A, it may impose a penalty of such amount as it considers appropriate.

(2)     The amount may be—

(a)     a fixed amount,

(b)     an amount calculated by reference to a daily rate, or

(c)     a combination of a fixed amount and an amount calculated by reference to a daily rate.

(3)     A penalty imposed under subsection (1) must not—

(a)     in the case of a fixed amount, exceed such amount as the Secretary of State may by order specify;

(b)     in the case of an amount calculated by reference to a daily rate, exceed such amount per day as the Secretary of State may so specify;

(c)

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