Part 3: Enforcement of consumer protection law Infringement notices and penalties Section 181: Provisional infringement notice
This section allows the CMA, once it has started an investigation under section 180, to give a provisional infringement notice to the enforcement subject (subsections (1) to (3)). This power is discretionary. The CMA may choose not to exercise it where, for example, it considers that the infringing practice of concern can be resolved by means of accepting undertakings under section 185.
	As it represents the CMA’s provisional view, the provisional infringement notice does not mean that the CMA has made a finding that the enforcement subject has engaged in or is likely to engage in the infringing practice or has consented or connived to it. The provisional infringement notice gives the enforcement subject an opportunity to know the case against them, and if they choose to do so, to respond in writing and orally.
	The provisional infringement notice must specify certain details (subsection (4)), including:
the grounds for the CMA’s belief that there has been or is likely to be an infringing practice or consent or connivance to such a practice (as relevant),
proposed directions, which specify any conduct required to ensure compliance as defined in subsection (5). If the proposed directions include enhanced consumer measures (as the CMA considers to be just, reasonable and proportionate), the notice must state that and the details of those measures (subsection (6)),
the representations process that applies. If the enforcement subject wishes to make oral representations, the CMA must arrange for an oral hearing and this opportunity must be specified in the provisional infringement notice (subsection (7)).
	If the CMA is considering the imposition of a monetary penalty, further information must be included in the provisional infringement notice regarding the penalty, including its proposed amount and factors justifying both its imposition and amount (subsection (8)).