Consultation outcome

CA98 penalties guidance

This consultation has concluded

Download the full outcome

Detail of outcome

The CMA has published its response to the consultation and updated guidance on the appropriate amount of penalty. The guidance received approval from the Secretary of State for Business, Energy and Industrial Strategy on 16 April 2018.

Feedback received

American Bar Association

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Charles Russell Speechlys LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Clifford Chance LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Ashurst LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Baker McKenzie

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Davis Polk & Wardwell London LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Freshfields Bruckhaus Deringer LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Herbert Smith Freehills LLP

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

International Bar Association

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

United Utilities

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Law Society of Scotland

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Detail of feedback received

The responses can be found above.

Original consultation

Summary

The CMA consulted on proposed revisions to its published guidance on penalty setting in Competition Act 1998 (CA98) cases.

This consultation ran from
to

Consultation description

We are inviting views on some revisions to the current guidance. These changes are based on decisional practice since the last change in the guidance in 2012, and relate to:

  • Step 1 – application of the 30% starting point range
  • Step 3 – mitigating and aggravating factors
  • Step 4 – adjustment for proportionality and specific deterrence
  • Step 6 – application of reductions for leniency and settlement

The guidance has also been revised to reflect institutional changes since it was originally published.

Documents

Published 2 August 2017
Last updated 18 April 2018 + show all updates
  1. Consultation concluded.
  2. First published.