This section sets the maximum penalties that the CMA can impose under section 84. The CMA is able to impose penalties of up to 10% of worldwide turnover, and in the case of breaches of orders or commitments up to 5% of daily worldwide turnover for each day a breach continues.
	Subsections (2) and (3) state that the CMA will in most situations have the discretion to choose whether to impose a fixed penalty or a daily rate penalty, or both. However, where an undertaking breaches a conduct requirement (as opposed to an enforcement order) or breaches any requirements under Chapter 5 of Part 1 (mergers), the CMA will only be able to impose a fixed penalty.
Part 1: Digital Markets Civil penalties Section 86: Amount of penalties under section 85