Determining and adjusting penalties under the UK Competition Act

Published by a LexisNexis Competition expert
Practice notes

Determining and adjusting penalties under the UK Competition Act

Published by a LexisNexis Competition expert

Practice notes

Penalties in UK competition cases

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NOTE—On 25 April 2023, the Government published its Digital Markets, Competition and Consumers Bill (DMCC Bill), which introduces significant reforms to UK competition law (across merger control, antitrust, market studies/investigations and digital markets). The DMCC Bill will come into effect following parliamentary approval. This Practice Note will be updated to reflect the relevant changes once the DMCC Bill becomes law. For the key changes introduced by the DMCC Bill, see further, The Digital Markets, Competition and Consumers Act 2024: key provisions from a competition and digital markets perspective

The Competition and Markets Authority (CMA) and sectoral regulators with concurrent competition powers may impose fines of up to 10% of turnover on an undertaking that is found to have violated a provision of UK competition law (namely, the Chapter I and II prohibitions of the Competition Act 1998) (until 31 December 2020, the CMA could also issue fines at the same level for breaches of Articles 101 and 102 TFEU).

The maximum penalty is calculated by reference to the

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Jurisdiction(s):
United Kingdom
Key definition:
Competition and Markets Authority definition
What does Competition and Markets Authority mean?

The Competition and Markets Authority (CMA) is the UK's unified competition body, and with effect from 1 April 2014, brings together the Competition Commission (CC) and the competition and certain consumer functions of the Office of Fair Trading (OFT).

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