CA98 penalties guidance
The CMA consulted on proposed revisions to its published guidance on penalty setting in Competition Act 1998 (CA98) cases.
Detail
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
Consultation document: Draft revised CMA guidance on the appropriate amount of a penaltyapplication/pdfCMA’s guidance as to the appropriate amount of a penalty – clean copyapplication/pdfCMA's guidance as to the appropriate amount of a penalty – marked-up copyapplication/pdfSummary of responses to the consultationapplication/pdfAmerican Bar Associationapplication/pdfCharles Russell Speechlys LLPapplication/pdfClifford Chance LLPapplication/pdfAshurst LLPapplication/pdfBaker McKenzieapplication/pdfDavis Polk & Wardwell London LLPapplication/pdfFreshfields Bruckhaus Deringer LLPapplication/pdfHerbert Smith Freehills LLPapplication/pdfInternational Bar Associationapplication/pdfUnited Utilitiesapplication/pdfLaw Society of Scotlandapplication/pdf