Consultation on draft CA98 penalties guidance

The CMA is inviting views on proposed revisions to its guidance on penalty setting in CA98 cases (the Penalties Guidance). The proposed changes aim to provide a more transparent framework in the CMA’s approach to penalty-setting with a view to ensuring that each step has a clearly defined purpose and methodology.

The CMA considers it is important to make these revisions now, as the CMA will be taking on an increased caseload following the UK’s exit from the EU and is likely to need to take enforcement action and ensure effective deterrence in respect of large, multi-national companies active in the UK.

The CMA also proposes to make changes to the Penalties Guidance in the light of EU Exit and the amendments to relevant legislation made by the Competition (Amendment etc.) (EU Exit) Regulations 2019 (as amended by the Competition (Amendment etc.) (EU Exit) Regulations 2020).