Part 4: Independent Advice on and Monitoring of UK Internal Market Reporting, advisory and monitoring functions Section 43: Penalties
This section sets out how the CMA will decide on appropriate financial penalties in cases of non-compliance with a notice. This provision directly mirrors section 174 of the Enterprise Act 2002, ensuring consistency across the CMA’s functions. The CMA will be able to choose between a range of possible types of penalties and fix appropriate amounts having regard to their statement of policy on penalties and the facts of the case. The CMA will not be able to compel or levy a financial penalty against the UK Government, Scottish Government, Welsh Government or Northern Ireland Executive.
	Subsections (2) to (4) state that the penalty can be a single, fixed amount, a daily rate or both. In any of these cases, the Secretary of State must specify maximum amounts through secondary legislation not exceeding £30,000 for a fixed amount and £15,000 for the daily rate. As stated in subsection (8), the Secretary of State must consult the CMA, each other relevant national authority and any other relevant persons before deciding on the maximum amounts and daily rates.
	Subsections (9) and (10) state that the calculation of the daily rate must not include any days before the CMA served a penalty notice concerning failure to provide information on the person in question. The penalty stops accumulating on the day that the requirements under the information request are satisfied or the day the CMA has concluded the exercise of the relevant function. The CMA can specify an earlier date for the rate to stop accumulating should it wish, whether before or after the penalty imposed.
	Subsection (11) applies provisions in sections 112 to 115 of the Enterprise Act 2002, which set out procedural requirements and provide for appeals to the Competition Appeal Tribunal should a person wish to appeal a penalty decision made by the CMA to decisions of the CMA under section 42.