Part 3: Enforcement of consumer protection law False or misleading information Section 198: Final false information enforcement notice
This section allows the CMA to issue a final false information enforcement notice following the issue of a provisional false information enforcement notice under section 197 and after considering any representations received. The notice is to require payment of a monetary penalty where the CMA is satisfied that the relevant information provided to it is materially false or misleading and was provided without reasonable excuse.
	The CMA may impose a monetary penalty of the amount that it considers to be appropriate, subject to the statutory maxima set out in subsection (4).
	See the explanatory note to section 158 for background on 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 £30,000 or, if higher, 1% 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 £30,000.
	Subsection (5) sets out the information that must be contained in the final false information enforcement notice.