Part 3: Enforcement of consumer protection law Directions Section 193: Monetary penalties under section 192: amount
This section stipulates the maximum monetary penalties that the CMA may impose in a final breach of directions enforcement notice under section 192. It specifies the maximum fixed penalty and the maximum daily rate penalty.
	The CMA has discretion to impose such a monetary penalty as it considers appropriate, subject to the statutory maxima set out in subsection (3).
	See the 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 £150,000 or, if higher, 5% of the total value of the enforcement subject’s turnover. Section 204 concerns calculation of the enforcement subject’s turnover. Where the enforcement subject does not have a turnover, the fixed penalty must not exceed £150,000 (subsection (3), paragraph (a)).
	Where the enforcement subject has a turnover that can be determined, a daily penalty must not exceed £15,000 or, if higher, 5% of the total value of the enforcement subject’s daily turnover. Where the enforcement subject does not have a turnover, the daily penalty must not exceed £15,000 per day (subsection (3), paragraph (b)).
	Subsection (4), paragraph (a) means that a daily penalty imposed by the CMA can only begin to accrue after the CMA has given a provisional breach of directions enforcement notice to the enforcement subject, i.e. the point when enforcement subject is clearly made aware of their failure to comply with an enforcement direction. A daily penalty stops accruing when the enforcement subject complies fully with the relevant directions, unless the CMA determines an earlier date (subsection (4), paragraph (b)).