Appropriate CA98 penalty calculation: CMA73

Sets out the basis on which the CMA calculates financial penalties for CA98 infringements and the requirements for CA98 leniency.



This guidance sets out the method the CMA uses when calculating financial penalties for CA98 infringements, including the statutory basis for imposing penalties set out in the Competition Act 1998.

This guidance includes changes made to the previous guidance (OFT423, issued by the Office of Fair Trading) following a consultation process in August 2017.

Please also note:

  • all references to issues of legal assessment and procedure in investigations under the Competition Act 1998 (CA98) must be read in the light of Competition Act 1998: Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8); in the case of conflict, CMA8 prevails
  • references to the substantive powers of investigation or assessment of the approach to applying legal powers (for example, the approach to publishing notices of investigation, interim measures or penalties for non-cooperation with an investigation under the CA98), should be read in light of CMA8
Published 18 April 2018
Last updated 18 April 2018 + show all updates
  1. Guidance updated.
  2. First published.