Part 3: Enforcement of consumer protection law Infringement notices and penalties Section 182: Final infringement notice
This section gives a discretionary power to the CMA to issue a final infringement notice where it is satisfied that the enforcement subject has engaged, is engaging or is likely to engage in the infringing practice or is an accessory to such a practice. The CMA may exercise this power following the issue of a provisional infringement notice under section 181, the expiry of the time for the enforcement subject to make representations on it, and after considering any representations received (subsections (1) and (2)).
	In deciding whether to give a final infringement notice, the CMA must have regard to whether the enforcement subject has already given an undertaking (covering the infringing practice or an accessory’s conduct currently under investigation) under Chapters 3 or 4 of Part 3 (subsection (3)). Failure to comply with an undertaking would be relevant to the question of whether it is proportionate to issue a final infringement notice (as opposed, for example, to accepting a further undertaking).
	The final infringement notice may include directions to achieve compliance (for the latter, see meaning at section 181, subsection (5)), including such enhanced consumer measures as the CMA considers to be just, reasonable and proportionate and may require payment of a monetary penalty (subsection (4)). The CMA may wish to give directions (including enhanced consumer measures) to rectify an infringement without imposing a penalty and vice versa.
	A monetary penalty cannot be imposed where the CMA is satisfied that an infringing practice is likely to occur only and therefore has not actually occurred or is not currently occurring (subsection (5)). The effect is that only actual infringing practices that have taken place (or are currently happening) can be penalised with a monetary sanction on the infringer. A similar qualification is not needed for accessories as section 219(2)(c) achieves the effect that an accessory cannot be an accessory to future conduct.
	The CMA has discretion to impose such a monetary penalty as it considers appropriate, subject to the statutory maxima set out in subsection (6).
	See explanatory note to section 158 for the policy rationale for providing for a penalty of up to the higher of a fixed amount or a percentage of turnover.
	Where the enforcement subject has a turnover that can be determined, a fixed amount penalty must not exceed £300,000 or, if higher, 10% of the total value of the enforcement subject’s turnover. Section 204 concerns the calculation of the enforcement subject’s turnover. Where the enforcement subject does not have a turnover, the fixed penalty must not exceed £300,000.
	The final infringement notice must specify certain details (subsection (7)), including:
the CMA’s findings of facts relating to the infringing practice or conduct,
other factors which justify the issuing of the notice,
where a penalty is imposed, the information specified in section 203,
the enforcement subject’s appeal rights.
	In addition, the CMA may require the enforcement subject to publish at their expense the final infringement notice (in full or in part) and/or a corrective statement (subsections (8) and (9)). For example, a corrective statement may be required in respect of an advertisement that has been found by the CMA to be misleading, to prevent further distorting consumers’ purchasing decisions based on the misleading contents of the advert.