Administrative Penalties: Statement of Policy on the CMA鈥檚 Approach (CMA4)
Outlines the CMA鈥檚 approach to imposing administrative penalties for failure to comply with requirements imposed under its investigatory and remedies powers.
Documents
Details
The new guidance (2025 version) takes effect from 1 January 2025 and applies, subject to the transitional provisions of , to breaches committed on or after that date.
This guidance document discusses the CMA鈥檚 powers to impose penalties for breaches of requirements imposed in investigations under the CMA鈥檚 competition, markets, mergers and motor-fuel information gathering functions as well as for breaches of remedies imposed in CMA competition, markets and mergers cases.
It also discusses the CMA鈥檚 powers to take non-penalty enforcement action in respect of breaches of such remedies. 聽This guidance document reflects the changes to the CMA鈥檚 relevant powers made by the Digital Markets, Competition and Consumers Act 2024 (DMCCA) as well as developments in CMA practices relating to administrative penalties.
This guidance document also addresses penalties that can be imposed in respect of breaches of certain investigative and competition requirements under the digital markets competition regime created by the DMCCA. 聽
The CMA is required to produce a statement of policy in relation to the various powers discussed above, which must be approved by the Secretary of State before it can be published. This guidance document is the CMA鈥檚 statement of policy for these purposes and was approved by the Secretary of State for Business and Trade on 17 December 2024.
The CMA鈥檚 guidance on penalties under the digital markets competition regime not covered by this guidance document is contained in the Digital Markets Competition Regime Guidance.
2014 to 2024 version of CMA4
Please note that the CMA published an earlier version of CMA4 in 2014 (the 2014 to 2024 version of CMA4). The 2014 to 2024 version of CMA4 applies in respect of administrative penalties for failures to comply with:
- notices requiring the attendance of witnesses or production of documents or information in phase 1 and phase 2 mergers and markets investigations
- requirements to provide information in antitrust investigations
- interim measures in mergers cases聽
committed before 1 January 2025.