Guidance

Administrative penalties - the CMA’s approach: CMA4

Outlines the CMA’s approach to imposing administrative penalties for failure to comply with its investigatory and interim measures powers.

Document

Detail

This document sets out the Competition and Markets Authority’s (CMA) statement of policy regarding its powers under the Enterprise Act 2002 and Competition Act 1998, as amended by the Enterprise and Regulatory Reform Act 2013.

Administrative penalties can be imposed for failure to comply with:

  • notices requiring the attendance of witnesses and production of documents in phase 1 and phase 2 mergers and markets investigations
  • requirements to provide information in antitrust investigations
  • interim measures in mergers cases

The fines that could be imposed on summary conviction for certain criminal offences referred to in this document were, at that time, subject to specific caps of £5,000 or above. With effect from 12 March 2015, these caps have been removed and those specific offences are now punishable by a fine of any amount. For more information see the Ministry of Justice news story.