Part 3: Enforcement of consumer protection law Miscellaneous and appeals Section 200: Interconnected bodies corporate
Where the CMA gives a body corporate a final infringement notice, an online interface notice or a final breach of directions enforcement notice, this section gives the CMA a discretionary power to make the requirements of the notice binding upon one or more members of the same interconnected corporate group (subsections (1), (3) and (8)). The CMA has discretion to make some or all of the requirements of the notice, i.e. directions, enhanced consumer measures and monetary penalties, binding on other members of the same corporate group but only if the CMA considers it just, reasonable and proportionate to do so (subsection (4)).
	In considering whether it is just, reasonable and proportionate to exercise this power, the CMA may take into account, for example:
to what extent any other group members have been the "brains" behind the infringement or have benefitted from it,
whether the infringing body corporate has sufficient funds to pay the penalty, and
whether to ensure the penalty is paid, it is necessary to make the requirement to do so binding on one or more members of the same corporate group.
	The underlying policy intent is to prevent the infringing body corporate from engaging in corporate restructuring to minimise or avoid liabilities.
	Subsection (2) sets out the circumstances in which a body corporate is considered to be or becomes a member of an interconnected corporate group for the purposes of this section. These include where the body corporate that is subject to the notice becomes a member of a group of interconnected bodies corporate after the notice is given, or an existing group of which it is a member is enlarged.
	Subsection (5) defines what an interconnected corporate group means for the purposes of this section.
	Any two bodies corporate are interconnected if one of them is a subsidiary of the other, or if both are subsidiaries of the same company (subsection (6)).
	Where the CMA imposes requirements on other members of the interconnected corporate group, it must give the final notice to them in addition to giving it to the enforcement subject (subsection (7)).