Part 1: Digital Markets Civil penalties Section 89: Procedure and appeals etc
This section sets out which sections of the Enterprise Act 2002 apply to the CMA’s decision to impose a penalty under section 85 or section 87, following a finding that a person has breached a requirement imposed under this Part. Section 112 of the 2002 Act covers the main procedural requirements for giving notice of a penalty. Section 113 covers procedural requirements for payment of a penalty and interest. Section 114 covers appeals in relation to penalty decisions (set out below). Section 115 sets out the procedure for recovering a penalty which has not been paid.
	As a result of the provision made by subsection (1), section 114 of the Enterprise Act 2002 applies to appeals which are brought under section 89 against the decision to impose penalties under either sections 85 or 87, the amount of one of those penalties and the date by which the penalty is required to be paid. Appeals against all other decisions taken under Part 1 are to be brought under section 103, with the exception of those decisions taken in connection with the CMA’s functions under Chapter 5 which section 66 applies to.